We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 51

Superheroes of copyright: when do fictional characters enjoy copyright protection?
  • Foley Hoag LLP
  • USA
  • March 8 2013

Several recent cases have highlighted the interesting issue of whether and when fictional characters - as distinct from the works they inhabit - are


The year of downloading dangerously: federal court gives adult film copyright “trolls” the third degree
  • Foley Hoag LLP
  • USA
  • November 5 2012

About this time last year, we reported on a case which bore perhaps the least catchy name in the history of the Massachusetts Federal District Court: Liberty Media Holdings, LLC v. Swarm Sharing Hash File AE340D0560129AFEE8D78CE07F2394C7B5BC9C05,821 F.Supp.2d 444 (D. Mass. 2011


Court orders identity of BitTorrent users to be revealed in copyright case
  • Foley Hoag LLP
  • USA
  • November 3 2011

BitTorrent users now have even more reason to be concerned if they are targeted in “John Doe” lawsuits for copyright infringement


Admissions of “appropriation artist” not fatal to copyright fair
  • Foley Hoag LLP
  • USA
  • April 30 2013

The first prong of the fair use defense in copyright infringement cases, the "purpose and character of the use," is often described as an inquiry


“Be fruitful and multiply . . . But not in those words”: how much good faith is required when giving birth to a DMCA takedown notice?
  • Foley Hoag LLP
  • USA
  • June 18 2013

Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers


If it's not copying, it's not copyright infringement: why the Seventh Circuit overturned an injunction against myVidster.Com
  • Foley Hoag LLP
  • USA
  • September 4 2012

This past week, myVidster.Com was hijacked by Dutch cyber-pirates, and the owners were really happy when it came back on line Friday


Viacom's copyright suit against YouTube gets a second chance from the Second Circuit
  • Foley Hoag LLP
  • USA
  • April 9 2012

The Second Circuit has ruled that the summary judgment granted last year in favor of YouTube in a copyright suit brought by Viacom and other content owners was premature


Oracle refuses significant damages reduction, still dazzled by potential billion-dollar verdict
  • Foley Hoag LLP
  • USA
  • February 9 2012

When last we looked in on the dispute between Oracle and SAP after SAP’s acquisition of TomorrowNow revealed some unfortunate baggage in the form of extensive copyright infringement, Oracle was flush with a $1.3 billion federal jury award, with SAP vowing to reduce the verdict by any means necessary


Is it getting hot in here? Perfect10.com takes on chilling effects
  • Foley Hoag LLP
  • USA
  • January 24 2011

In what must be one of the nation's longest-lived Internet copyright wars, Perfect10, Inc. recently opened up a new front, asserting that online publication of its Digital Millenium Copyright Act takedown notices is a copyright violation


The DMCA: less protection than meets the eye against circumvention of technological measures to prevent access to software
  • Foley Hoag LLP
  • USA
  • September 16 2010

The anti-circumvention provision of the Digital Millennium Copyright Act, 17 U.S.C. 1201, continues to challenge courts in the context of computer software