McDermott Will & Emery | USA | 26 Jul 2016
Vacating a district court's decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital…
McDermott Will & Emery | USA | 31 Dec 2013
Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while…
McDermott Will & Emery | USA | 31 May 2013
Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for…
McDermott Will & Emery | USA | 30 May 2012
In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites.
McDermott Will & Emery | USA | 31 Jul 2011
In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation.
McDermott Will & Emery | USA | 30 Jun 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.
McDermott Will & Emery | USA | 29 Apr 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......
McDermott Will & Emery | USA | 31 Mar 2010
In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. § 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works.
McDermott Will & Emery | USA | 28 Feb 2010
The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act §1.
McDermott Will & Emery | USA | 28 Sep 2009
The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees.