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Results: 1-10 of 83

“Situs of the injury” for exercising personal jurisdiction over defendant for online copyright infringement is location of copyright owner
  • McDermott Will & Emery
  • USA
  • April 29 2011

In a decision favorable to copyright owners based in the state of New York, the New York State Court of Appeals held that in copyright infringement cases involving the uploading of copyrighted literary works onto the internet, the situs of the injury for purposes of determining personal jurisdiction under New York's long-arm jurisdiction statute is the location of the copyright holder and not the location of the infringing conduct


Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


Vicarious copyright infringement requires a showing of supervision or control
  • McDermott Will & Emery
  • USA
  • April 30 2013

In an opinion that elaborates on the degree of third-party supervision required in order to attach vicarious copyright infringement liability, the U.S


Owner of compilation need not list individual authors to register copyright
  • McDermott Will & Emery
  • USA
  • August 29 2013

In deciding issues of first impression for the circuit, the U.S. Court of Appeals for the Fourth Circuit upheld a preliminary injunction against a


Without Volitional Conduct, Establishing Direct Copyright Infringement Gets Hairy
  • McDermott Will & Emery
  • USA
  • April 27 2017

The US Court of Appeals for the Fifth Circuit affirmed the district court’s grant of summary judgment, holding that “volitional conduct” is required


Next time, buy the CDs
  • McDermott Will & Emery
  • USA
  • July 31 2013

Following the lead of other courts addressing statutory penalties for illegal music downloading, the U.S. Court of Appeals for the First Circuit


The Aereo crashed: cheap internet TV thwarted
  • McDermott Will & Emery
  • USA
  • July 30 2014

The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television


Second Circuit refuses to enjoin Aereo’s internet streaming of broadcast television
  • McDermott Will & Emery
  • USA
  • May 31 2013

Addressing the legality of a streaming TV service that provides internet-streaming of broadcast television programming, the U.S. Court of Appeals for


CJEU holds ISPs may be ordered to block customer access to websites infringing copyright
  • McDermott Will & Emery
  • European Union
  • May 8 2014

On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) in UPC Telekabel Wien GmbH v Constantin Film


DMCA safe harbor analysis now the same in both Ninth and Second Circuits
  • McDermott Will & Emery
  • USA
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium