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Results: 1-10 of 19

Copyright licensee must own at least one exclusive right for standing
  • McDermott Will & Emery
  • USA
  • February 28 2011

Affirming dismissal of a copyright infringement suit brought by one licensee against another, the U.S. Court of Appeals for the Seventh Circuit held that a plaintiff must show that it is the exclusive license of at least one of the divisible rights recognized under the Copyright Act to possess sufficient standing to sue for infringement


Restoration of copyright in foreign works passes constitution muster
  • McDermott Will & Emery
  • USA
  • January 31 2012

In a 6-2 decision, the Supreme Court of the United States affirmed a decision by the United States Court of Appeals for the Tenth Circuit upholding a federal law that restored copyright protection to foreign works that had entered the public domain in the U.S


“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
  • McDermott Will & Emery
  • USA
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct


Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
  • McDermott Will & Emery
  • USA
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet


Supreme Court hears oral arguments in gray-market copyright case
  • McDermott Will & Emery
  • USA
  • November 29 2012

Undaunted by an approaching hurricane that had already shut down the federal government, public transportation and nearly all of the rest of Washington, D.C., the U.S. Supreme Court on October 29, 2012, heard oral arguments in a copyright case involving the unauthorized resale in the United States of foreign versions of textbooks originating from U.S. publishers


Restoration of copyright in foreign works passes constitutional muster
  • McDermott Will & Emery
  • USA
  • January 27 2012

A 1994 statute extended U.S. copyright protection to foreign works previously unprotected in the United States, removing an estimated “millions” of foreign works from free, public domain availability


Ninth Circuit declares that “the king” is dead (in copyright cases)
  • McDermott Will & Emery
  • USA
  • September 30 2011

Merely weeks after a separate panel considered the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright casesPerfect 10 Inc. v. Google Inc., Case No. 10-56316 (9th Cir., Aug. 3, 2011)the U.S. Court of Appeals for the Ninth Circuit once again held that held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases


No standing if plaintiff’s exclusive rights were limited in time
  • McDermott Will & Emery
  • India, USA
  • April 29 2011

Evaluating ownership of a sound recording under both the Indian Copyright Act and U.S. Copyright Act, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court’s grant of summary judgment to defendants in a copyright infringement action, finding that the plaintiff lacked standing to sue because the underlying agreement granted exclusive rights that were limited in time


Challenge to grant of attorneys’ fees in copyright case derailed by untimely objection
  • McDermott Will & Emery
  • USA
  • January 31 2011

Considering a plaintiff’s second motion for reconsideration challenging the award of attorneys’ fees to the defendant in a copyright case, the U.S. Court of Appeals for the First Circuit upheld the award without remanding the issue to the district court where plaintiff’s objection was over 30 days late and defendant had submitted records demonstrating the reasonableness of the award


“Caught Up” not substantially similar to “caught Up”
  • McDermott Will & Emery
  • USA
  • February 29 2012

Assessing whether two songs titled “Caught Up” possessed enough similarities to survive a motion to dismiss, the U.S. Court of Appeals for the Second Circuit held that they were not in that the songs were lyrically and musically distinct