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Results: 1-10 of 80

Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy
  • McDermott Will & Emery
  • USA
  • April 27 2017

The US Court of Appeals for the Fifth Circuit affirmed the district court’s grant of summary judgment, holding that “volitional conduct” is required


Portion of California Resale Royalty Act struck down as unconstitutional
  • McDermott Will & Emery
  • USA
  • June 30 2015

Addressing the constitutionality of California’s Resale Royalty Act, Cal. Civ. Code 986 (“the Act”), the U.S. Court of Appeals for the Ninth


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


The Aereo crashed: cheap internet TV thwarted
  • McDermott Will & Emery
  • USA
  • July 30 2014

The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television


“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


ISP not responsible for preventing illegal downloading: CJEU decision finds filtering system would infringe ISP’s business rights and customers’ freedom
  • McDermott Will & Emery
  • European Union
  • January 12 2012

In Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL C-7010 24 November 2011, the Court of Justice of the European Union found that imposing an injunction on an internet service provider (ISP) requiring it to install a filtering system to prevent illegal downloading is unlawful under European law


DMCA safe harbor held to protect content-sharing website
  • McDermott Will & Emery
  • USA
  • January 31 2012

The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA


The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

This ruling from Mrs Justice Proudman confirms that businesses using an online commercial media monitoring service require a licence from the Newspaper Licensing Agency Ltd


Transformative use in the Seventh Circuit
  • McDermott Will & Emery
  • USA
  • October 29 2014

The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different


Copyright holders must consider fair use before issuing DMCA takedown notification
  • McDermott Will & Emery
  • USA
  • October 30 2015

The U.S. Court of Appeals for the Ninth Circuit ruled that copyright holders must consider the fair-use doctrine prior to issuing a takedown