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Veteran Loser Perfect 10’s Latest Ninth Circuit Defeat
  • Fenwick & West LLP
  • USA
  • April 24 2017

In the 1940s, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to


“Oh No They Didn’t!” - Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray
  • Fenwick & West LLP
  • USA
  • April 12 2017

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under


Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims
  • Fenwick & West LLP
  • USA
  • April 10 2017

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are


Supreme Court Clarifies Copyright Eligibility for Useful Articles
  • Fenwick & West LLP
  • USA
  • March 23 2017

While much of the legal press may be speculating about the future of the Supreme Court’s Chevron test, yesterday the Court considered a very


What’s in Store for Copyright in 2017?
  • Fenwick & West LLP
  • USA
  • February 9 2017

2017 promises to be an exciting year for Copyright Law. Here are some of the most cutting-edge cases to keep on your radar. Oracle America, Inc. v


Is Demanding License Fees for a Free Image Against the Law?
  • Fenwick & West LLP
  • USA
  • November 16 2016

Carol Highsmith is a nationally known photographer who famously donated photographs to the Library of Congress for free use by the public. When her


Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits
  • Fenwick & West LLP
  • USA
  • November 16 2016

On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay Lohan and Karen Gravano


Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties
  • Fenwick & West LLP
  • European Union, USA
  • September 22 2016

The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it


Second Circuit Finds DMCA Grants Safe Harbor to Service Providers for Pre-1972 Sound Recordings
  • Fenwick & West LLP
  • USA
  • August 18 2016

In Capital Records v. Vimeo, the Second Circuit Court of Appeals issued an important decision on the Digital Millennium Copyright Act 512 safe


8th Circuit Clarifies Reach of Copyright Act in Preempting Right of Publicity Claims
  • Fenwick & West LLP
  • USA
  • March 2 2016

Courts around the country have long struggled to define and articulate, with any uniformity, whether and in what circumstances the Copyright Act