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Results: 1-10 of 115

Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


D.C. Circuit limits discovery and joinder for downloading "swarms"
  • McDermott Will & Emery
  • USA
  • June 27 2014

Deciding a case that involves issues of discovery and joinder, the U.S. Court of Appeals for the D.C. Circuit addressed issues presented by so-called


In with the new: 2015 privacy, advertising and digital media predictions part III
  • McDermott Will & Emery
  • USA
  • January 15 2015

Part III of our 2015 predictions series comes from Of Digital Interest editor and McDermott partner, Heather Sussman, who predicts that states will


“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


Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works
  • McDermott Will & Emery
  • USA
  • March 31 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


Copyright law unavailable for removal of anti-Islam video
  • McDermott Will & Emery
  • USA
  • June 30 2015

Overturning a hotly debated district court decision, in a case involving numerous amicus curiae briefs, the en banc Court of Appeals for the Ninth


FDA issues draft guidance addressing postmarket submission requirements for internet-based promotional materials
  • McDermott Will & Emery
  • USA
  • January 28 2014

On January 14, 2014, the U.S. Food and Drug Administration (Agency) published a long-awaited draft guidance entitled Fulfilling Regulatory


Recent decisions narrow scope of liability under Video Privacy Protection Act
  • McDermott Will & Emery
  • USA
  • April 27 2015

Two significant decisions under the Video Privacy Protection Act (VPPA) in recent weeks have provided new defenses to companies alleged to have run


Google Books is fair use and provides “significant public benefits”
  • McDermott Will & Emery
  • USA
  • December 31 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


In with the new: 2014 privacy, advertising and digital media predictions
  • McDermott Will & Emery
  • USA
  • January 24 2014

Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65