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Ninth Circuit holds actor in minor role owns independent copyright in performance embodied in motion picture: Garcia v. Google

USA - March 3 2014 In a case of first impression, the Ninth Circuit has issued a remarkable decision in which the majority holds that an individual actor's performance...

Paul M. Fakler.

ASCAP rate court invalidates music publishers’ withdrawal of digital music performing rights from the ASCAP repertory

USA - September 20 2013 On September 17, Judge Denise Cote of the Southern District of New Yorkthe Judge responsible for administering the American Society of...

Paul M. Fakler.

Capitol Records v. Redigi: District Court finds first sale defense does not apply to re-sale of digital music downloads

USA - April 19 2013 In Capitol Records, LLC v.ReDigi Inc., a case that has been closely watched in digital music and cloud computing circles, a district court in the...

Paul M. Fakler, Anthony V. Lupo, Eric Roman, Matthew L. Finkelstein.

The new copyright alert system: another weapon in the arsenal of copyright owners

USA - March 21 2013 Following the lead of several other countries, including New Zealand, France, South Korea, and Ireland, the United States has now implemented a...

Paul M. Fakler, Anthony V. Lupo, Amy E. Salomon, Sarah L. Bruno.

Second Circuit reverses YouTube decision in part: DMCA safe harbor might not apply

USA - April 6 2012 In a decision with important implications for both content owners and online service providers concerning the availability of safe harbor protection under the Digital Millennium Copyright Act (17 U.S.C. 512), the US Court of Appeals for the Second Circuit vacated in part, reversed in part, remanded in part, and affirmed in part the summary judgment order of the US District Court for the Southern District of New York issued in favor of the defendant YouTube, Inc. in the case Viacom Int’l, Inc., Football Ass’n Premier League Ltd. v. YouTube, Inc., (No. 07 Civ. 2103, 2010 WL 2532404 (S.D.N.Y. 2010))....

Paul M. Fakler.