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Article

White & Case LLP | USA | 14 Mar 2019

Supreme Court Clarifies the Rules for Enforcing Copyrights

On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can

Article

White & Case LLP | USA | 21 May 2014

Second Circuit adopts plaintiff-friendly "discovery rule" for copyright infringement claims

The Second Circuit has ruled in Psihoyos v. Wiley & Sons that the "discovery rule" determines when the statute of limitations begins to run in

Article

White & Case LLP | USA | 21 May 2014

US Supreme Court eliminates laches defense in virtually all copyright infringement claims

In Petrella v. Metro-Goldwyn-Mayer, the US Supreme Court resolved a circuit split and ruled that the equitable defense of laches does not bar a

Article

White & Case LLP | USA | 31 Jan 2014

Distributing earnings call information to the public is fair use

In Swatch Group Management Services Ltd. v. Bloomberg L.P., the Second Circuit Court of Appeals ruled that the unauthorized distribution of a

Article

White & Case LLP | USA | 25 Apr 2013

State court ruling creates new uncertainty for DMCA safe harbors

A New York state court has ruled that a DMCA safe harbor does not protect internet services from claims they infringe pre-1972 sound recordings. The

Article

White & Case LLP | USA | 20 Apr 2012

Second Circuit clarifies DMCA safe harbor in Viacom v. YouTube

In a much anticipated decision, the Second Circuit has clarified the contours of the Digital Millennium Copyright Act’s (DMCA) safe harbor for website operators that allow users to post content to their sites.

Article

White & Case LLP | USA | 11 Nov 2011

What you need to know before you file a copyright infringement lawsuit

The modern trend in copyright law has been to relax certain “formalities” that had the unfortunate effect of divesting all too many authors and owners of the ability to enforce their copyrights.

Article

White & Case LLP | USA | 23 Jun 2011

Court rejects "hot news" protection for stock recommendations

The Court of Appeals for the Second Circuit ruled in Barclays Capital Inc. v. Theflyonthewall.com, Inc., No. 10-1372-cv (June 20, 2011) that a financial news service did not misappropriate analyst research by publishing stock recommendations on its website.

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