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Article

Kelley Drye & Warren LLP | USA | 6 Dec 2018

2 Milly Sues Epic Games Over Fortnite Dance Moves - What In The Wide, Wide World Of Copyright Is Going On Here?

On Wednesday, rapper 2 Milly sued Epic Games, the creators of the wildly popular online game Fortnite Battle Royale, asserting two counts of copyright

Article

Kelley Drye & Warren LLP | USA | 13 Jul 2018

Did The Ninth Circuit’s “Blurred Lines” Ruling Just Quietly Move To Kill Off The So-Called Inverse Ratio Rule?

This week, on July 11, 2018, the Ninth Circuit issued an order which both denied a petition to rehear its “Blurred Lines” decision en banc, which

Article

Kelley Drye & Warren LLP | USA | 2 Mar 2018

Embedding Tweets May Be Copyright Infringement

Most companies understand they should obtain a license before using a photograph in an advertising campaign or on printed materials. And yet companies

Article

Kelley Drye & Warren LLP | USA | 28 Mar 2017

V-I-C-T-O-R-Y for the Fashion Industry: SCOTUS Establishes Uniform Test for Protection of Artistic Works Applied to Apparel

The overall design (such as the shape and cut) of a garment, bag or shoe is not protectable under current U.S. Copyright law because such items are

Article

Kelley Drye & Warren LLP | USA | 21 Mar 2017

New Lawsuit Highlights Risks of Using User-Generated Content

In 2014, Anheuser-Busch ran a contest on Facebook in which consumers were invited to submit photos of themselves “acting natural.” The contest rules

Article

Kelley Drye & Warren LLP | USA | 3 Nov 2016

Central District of California Dismisses Copyright Infringement Suit Regarding Christian Film God’s Not Dead

The Central District of California recently dismissed a copyright infringement suit brought by the creators of the screenplay for Rise against the

Article

Kelley Drye & Warren LLP | USA | 17 Jun 2016

The Double-Edged Sword: Supreme Court Holds “Objective Reasonableness” Important But Not Dispositive in Copyright Act Fee Awards

It is a common misperception that a party will automatically recover its attorneys' fees if it prevails in an action for copyright infringement

Article

Kelley Drye & Warren LLP | USA | 15 Mar 2016

In Recent Decisions, New York And California District Courts Agree That Prevailing Defendants In Copyright Infringement Lawsuits Are Entitled To Their Attorneys’ Fees

On March 9, 2016, both the Southern District of New York and the Central District of California awarded attorneys’ fees to defendants in two separate

Article

Kelley Drye & Warren LLP | USA | 23 Jul 2015

Jay Z awarded attorneys’ fees after routing plaintiff in copyright lawsuit: now plaintiff has $253,409.99 problems for bringing an ‘objectively unreasonable’ copyright claim

On July 17, 2015, Judge Schofield sitting in the Southern District of New York awarded defendants Shawn Carter (aka Jay Z), Roc-A-Fella Records and

Article

Kelley Drye & Warren LLP | USA | 28 May 2015

Instagram for sale: artist Richard Prince’s New Portraits sparks controversy

In the past week, several news outlets and social media channels have been buzzing about artist Richard Prince's exhibit New Portraits, which first

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