First Circuit affirms award of attorney’s fees to defendant in copyright infringement action, rejecting plaintiff’s argument that attorney’s fees are not appropriate because plaintiff’s copyright was not timely registered, and finding that plaintiff’s claim was “objectively weak.”
Court holds that defendant’s use of plaintiff’s photographs to create “appropriation art” is not a fair use because it does not comment on the original photographs and is not transformative; court also holds that gallery that exhibited and sold defendant’s “appropriation art” is directly, vicariously and contributorily liable for copyright infringement.
In copyright infringement action against producers of the motion picture You Don’t Mess With the Zohan, court awards defendants $1,000 in attorney’s fees after considering plaintiff’s financial circumstances.
Court holds that plaintiff's copyright registration of a derivative work is unenforceable because plaintiff did not adequately identify in the registration application the pre-existing work that the plaintiff's work was based on or incorporated.
District court denies Veoh Networks’ motion for attorney’s fees in DMCA safe harbor litigation, holding, inter alia, that Veoh failed to demonstrate that UMG acted in bad faith by failing to use DMCA’s notice and takedown procedure before filing suit and that UMG’s claims were not objectively unreasonable.
District court grants summary judgment holding that defendant’s reproduction of several graphic works, originally used as monster magazine covers by plaintiff, in a book retrospective of an artist’s career is a fair use based on finding that defendant’s use is transformative because the purpose of a retrospective of an artist’s work has a different purpose than magazine covers that are intended to sell copies of the magazine
In copyright infringement action against file sharing service, court holds defendants directly infringed plaintiffs’ copyrights in their sound recordings and defendants are liable for vicarious and contributory infringement and inducement to infringe; court grants in part plaintiffs’ motion for sanctions for discovery abuse and prevents defendants from asserting DMCA safe harbor defense.