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15 results found

Article

Fenwick & West LLP | USA | 10 Jul 2018

All the World’s a Stage, and Some Players Are De Minimis Under Copyright Law

The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts

Article

Fenwick & West LLP | USA | 24 Apr 2017

Veteran Loser Perfect 10’s Latest Ninth Circuit Defeat

In the 1940s, Jehovah's Witnesses, tenaciously litigious in defense of free expression, generated a half-dozen Supreme Court decisions that came to

Article

Fenwick & West LLP | USA | 19 Dec 2012

Court declines to dish out preliminary injunction in commercial-skipping case despite likelihood of infringement

In an important decision involving video recording and commercial-skipping, the U.S. District Court for the Central District of California held that Dish

Article

Fenwick & West LLP | USA | 11 Apr 2012

Viacom v. YouTubeGoogle: Second Circuit Reinstates Viacom’s Copyright Lawsuit, But Largely Affirms Pro-Online Service Provider Holdings

The Second Circuit Court of Appeals yesterday set aside a 2010 federal district court decision that had granted summary judgment to YouTube and Google, based on the Digital Millennium Copyright Act’s safe harbor for storage at the direction of users.

Article

Fenwick & West LLP | USA | 6 Apr 2012

Copyright alert: Viacom v. YouTubeGoogle

The Second Circuit Court of Appeals yesterday set aside a 2010 federal district court decision that had granted summary judgment to YouTube and Google, based on the Digital Millennium Copyright Act’s safe harbor for storage at the direction of users.

Article

Fenwick & West LLP | USA | 30 Mar 2012

SOPA and PIPA deconstructedthe meaning of key provisions of the controversial anti-piracy legislation

Intellectual property rights holders have proposed aggressive legislation to pull the rug out from under Internet infringement by cutting off advertising and credit card payment services to domains allegedly used for “piracy” in effect broadening secondary liability for copyright infringement and by giving the government expansive powers to block Internet access to websites that are said to “facilitate” infringement.

Article

Fenwick & West LLP | USA | 21 Dec 2011

Copyright alert: UMG v. Shelter CapitalVeoh Video Website and its investors win another round as Ninth Circuit rejects DMCA safe harbor challenges

In an important decision upholding the application of the safe harbors of the Digital Millennium Copyright Act and addressing claims against investors for secondary copyright infringement, the Ninth Circuit Court of Appeals on Tuesday upheld summary judgment and a Rule 12(b)(6) dismissal in favor of Veoh Networks Inc. and its investors.

Article

Fenwick & West LLP | USA | 26 Oct 2011

Mp3.com redux? Music venture’s model survives copyright challenge as S.D.N.Y.provides guidance for cloud-based services

A decade ago, when what would later be known as “cloud” services began to darken the skies of music copyright-holders, and mobile devices were in their adolescence, entrepreneur Michael Robertson launched a business that provided users with access to “their” music anywhere they could get online.

Article

Fenwick & West LLP | USA | 26 Oct 2011

Second Circuit upholds gray market importation bar and negates first-sale doctrine for works of authorship made overseas

The U.S. Court of Appeals, Second Circuit decision in John Wiley & Sons, Inc. v. Kirtsaeng, No. 09-4896-cv, 2011 WL 3560003 (2nd Cir. Aug. 15, 2011), represents the latest chapter of a long-running saga that could be titled, “Gray Market Goods Try to Enter the Homeland.”

Article

Fenwick & West LLP | USA | 18 Aug 2011

Second Circuit negates first sale right for foreign-made works of authorship

In a startling and potentially far-reaching decision, a divided panel of the Second Circuit held this week that the first sale doctrine of 17 U.S.C. 109(a) does not apply to copies of works manufactured outside of the United States.

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