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Not all fun and games in copycat litigation
  • King & Wood Mallesons
  • USA
  • September 11 2014

The gaming industry (and gamers) will be watching two recent US cases with great anticipation. In these cases, law suits have been brought against

Viacom v. YoutubeGoogle: judge swats billion-dollar copyright lawsuit; Viacom to appeal summary judgment ruling
  • Fenwick & West LLP
  • USA
  • June 24 2010

A federal district court granted summary judgment to YouTube and Google yesterday, holding that a safe harbor of the Digital Millennium Copyright Act (DMCA) protected the video-upload giants against billiondollar claims brought by Viacom International and other content holders

Note to musical performersyou are only “entertaining” when you are performing live
  • Dykema Gossett PLLC
  • USA
  • September 5 2014

All of you Vine Starsyou may think you are entertaining with your online performances, but according to the U.S. Patent and Trademark Office (PTO

Social media sites: new battlegrounds for right of publicity disputes
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • August 15 2012

Social media websites are quickly emerging as the new battleground for right of publicity disputes, with the ultimate question being an old one what are the parameters of First Amendment protections for corporate, commercial speech?

Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

Barclays Capital Inc., et al. v. Theflyonthewall.com
  • Loeb & Loeb LLP
  • USA
  • March 24 2010

After a bench trial, the district court entered judgment in favor of plaintiff financial institutions on their claims of copyright infringement and "hot news misappropriation" against online aggregator of financial information

Viacom International Inc. v. YouTube, Inc
  • Loeb & Loeb LLP
  • USA
  • June 24 2010

Court grants summary judgment for YouTube and Google in copyright infringement action for large amount of copyrighted material on website, holding that defendants are entitled to the DMCA 512(c) safe harbor because they had insufficient notice of the particular infringements

Capitol Records Inc., et al. v. Thomas-Rasset
  • Loeb & Loeb LLP
  • USA
  • January 27 2010

In peer-to-peer copyright infringement action, court grants defendant’s motion for remittitur and reduces jury’s statutory damage award from $1,920,000 to $54,000 after holding that jury’s statutory damages award is shocking and unjust; court concludes that treble the minimum statutory damages amount of $750 per song is the maximum amount the jury could properly have awarded

Statutory damages: foreign works and the U.S. live broadcast exemption
  • McDermott Will & Emery
  • USA
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site

You twit face! Protecting your IP in the world of YouTube, Twitter and Facebook: a practical protection guide for the IP owner
  • Gardere Wynne Sewell LLP
  • USA
  • January 22 2010

Social media sites such as YouTube, Twitter and Facebook present significant opportunities for individuals and businesses to communicate with extensive numbers of people in ways never before envisioned