We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 29

Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song
  • Proskauer Rose LLP
  • USA
  • September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled


No fair use defense for online post of 21-page book excerpt
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The blog posting of images of 21 pages of a soon-to-be-published book is not protected by the fair use doctrine and thus may be temporarily enjoined, a district court ruled


Music downloads and ringtones are licensed, not sold, under royalty agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Sales of music by digital downloads and by ringtones sold through carriers must be accounted to an artist under a royalty contract with a recording company as licenses rather than sales of the music, the U.S. Court of Appeals for the Ninth Circuit ruled


Implied license, fair use, held meritorious defenses in online newspaper article copyright infringement action
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The implied license and fair use defenses raised by the operator of an online forum are meritorious defenses that warrant reopening a default judgment for copyright infringement, a district court ruled


Access to licensed software by attorneys acting for benefit of licensee breached license agreement
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Use of licensed software by attorneys acting for the benefit of a licensee of the software breached the terms of the license agreement, the U.S. Court of Appeals for the Fifth Circuit ruled


Software licensor's contract prohibition against automated download of support materials does not constitute copyright misuse
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A prohibition in a software license agreement against the use of automated tools to download support materials related to the software is not a misuse of copyright, a district court found


Developer of automated videogame-playing program violated DMCA but did not infringe copyright
  • Proskauer Rose LLP
  • USA
  • January 11 2011

The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled


Excerpting and linking to online news article protected by fair use doctrine
  • Proskauer Rose LLP
  • USA
  • January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled


Download of copyrighted digital music file not a public performance under Copyright Act
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled


Browsewrap attorney fee provision between business parties violates Ohio public policy
  • Proskauer Rose LLP
  • USA
  • September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled