Mealey's Copyright
-
December 05, 2022
Missouri Federal Magistrate Judge: Fair Use Defense Is Premature
ST. LOUIS — A federal magistrate judge in Missouri refused to address the merits of a fair use affirmative defense to allegations of copyright infringement, deeming the matter “inappropriate for determination at the motion to dismiss stage.”
-
December 01, 2022
Photographer Asks 9th Circuit To Restore Per-Photo Award Over Zillow’s Online Use
SAN FRANCISCO — Maintaining its stance that copyrighted real estate photos that Zillow Group Inc. posted on its website without permission do not qualify as a compilation, a photography company in its cross-reply brief asks the Ninth Circuit U.S. Court of Appeals to affirm a jury’s statutory damages award of $1,500 per individual infringed work.
-
November 30, 2022
Dismissal Of Copyright, Trademark Claims Over Board Game Denied
CHICAGO — Allegations that two defendants created a fully interactive website to sell counterfeit versions of the “Match Madness” pattern matching board game will proceed, a federal judge in Illinois ruled.
-
November 28, 2022
Lyrics Site To High Court: Claims Against Google Based On Contract, Not Copyrights
WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals incorrectly deemed its claims against Google LLC preempted by the Copyright Act, a song lyrics website operator says in a reply supporting its petition for certiorari, telling the U.S. Supreme Court that its complaint focused on the internet giant’s breach of a contractual agreement not to copy content from its website rather than on any infringement of the copyrighted items.
-
November 22, 2022
Sony, Universal Bid To Dismiss Copyright Claims Fails In California
LOS ANGELES — A motion to dismiss by Sony Music Entertainment, Songs of Universal Inc. and the singer-songwriter Chris Brown of allegations that they infringed a copyrighted work by the musician also known as “Sqooby” was denied Nov. 21 by a federal judge in California.
-
November 18, 2022
Injunction Upheld On Appeal In Lighting Design Intellectual Property Row
WASHINGTON, D.C. — A New York federal judge’s decision granting a patent, trademark and copyright infringement plaintiff preliminary injunctive relief in a dispute over lighting design was affirmed by the Federal Circuit U.S. Court of Appeals.
-
November 18, 2022
Google Tells Supreme Court Lyrics Site’s Quasi-Copyright Claims Are Preempted
WASHINGTON, D.C. — The Second Circuit U.S. Court of Appeals correctly upheld the dismissal of contractual and unfair competition claims over the purported copying of content from a song lyrics website as preempted by the Copyright Act, Google LLC says in an opposition brief, urging the U.S. Supreme Court to deny the website operator’s petition for a writ of certiorari.
-
November 17, 2022
Bid For Interlocutory Appeal Of Copyright Ruling Denied In North Carolina
GREENSBORO, N.C. — A federal judge in North Carolina said her recent summary judgment that a copyright infringement plaintiff is barred from seeking statutory damages or attorney fees is not worthy of interlocutory appeal to the Fourth Circuit U.S. Court of Appeals.
-
November 15, 2022
Copyright, Antitrust Case Against IBM Transferred To New York Federal Court
ST. THOMAS, Virgin Islands —A federal judge in the Virgin Islands on Nov. 14 said allegations that International Business Machines Corp. (IBM) committed copyright infringement and antitrust violations in connection with the UNIX operating system should proceed in the U.S. District Court for the Southern District of New York.
-
November 11, 2022
Plaintiff Has Standing For Patent, Not Copyright, Claims In Texas
HOUSTON — A federal judge in Texas on Nov. 10 ruled that two plaintiffs are entitled to a preliminary injunction on their patent infringement and trade secret misappropriation claims but that their copyright infringement claims fail for lack of standing.
-
November 11, 2022
On High Court Remand, Panel Says Copyright Registration Not Invalid
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 10 affirmed a California federal judge’s refusal to undo a jury verdict of willful infringement by H&M Hennes & Mauritz L.P. of a valid copyright owned by Unicolors Inc.
-
November 11, 2022
Copyright Case Against Adidas Tossed, But Leave To Amend Granted
LOS ANGELES — A federal judge in California for a third time has dismissed allegations of copyright infringement leveled against Adidas America Inc., but granted a streetwear apparel designer leave to amend its complaint, upon finding that amendment would not be an “exercise in futility.”
-
November 10, 2022
California Federal Judge Won’t Dismiss Copyright Claims Over Online Pics
LOS ANGELES — In a Nov. 9 in-chambers order, a federal judge in California said allegations the operators of www.SportsCollectibles.com used a plaintiff’s photographs of sports memorabilia online without authorization or permission will proceed, rejecting the defendants’ claim the court lacks personal jurisdiction.
-
November 08, 2022
Texas Federal Jury: ISP Owes Labels $46.7M For Copyright Infringement
AUSTIN, Texas — Nearly two dozen record labels prevailed on their allegations that an internet service provider (ISP) contributed to infringement by its subscribers, when a Texas federal jury awarded them $46.7 million in damages for 1,403 musical works infringed.
-
November 08, 2022
Supreme Court Denies Cert Bid In Copyright Case, In Win For Sony
WASHINGTON, D.C. — Efforts by a musician to overturn a June 2021 rejection by the Ninth Circuit U.S. Court of Appeals of his copyright infringement claims over the beat track “Shawty So Cold” were unsuccessful on Nov. 7, when the U.S. Supreme Court denied a petition for writ of certiorari in the case.
-
November 08, 2022
Bikini Maker Asks High Court To ‘Harmonize’ Circuits’ Copyright Limitations Period
WASHINGTON, D.C. — A bikini designer whose copyright infringement lawsuit was dismissed as time-barred filed a petition of certiorari, seeking guidance from the U.S. Supreme Court on the proper standard to differentiate between copyright ownership and copyright infringement claims.
-
November 07, 2022
1 Defendant Dismissed, Another Remains In League Of Legends Copying Case
LOS ANGELES — A federal judge in California granted a motion to dismiss for lack of jurisdiction with regard to one defendant but said another defendant must face claims of copyright infringement by the makers of the popular video game League of Legends (LoL).
-
November 03, 2022
Copyright Holders Seek Class Certification In YouTube Infringement Suit
LOS ANGELES — Three plaintiffs that hold copyrights in songs, movies and books, respectively, who saw their copyright infringement claims against YouTube LLC survive dismissal have filed a motion in California federal court, seeking to certify four classes of copyright holders who had videos that infringe their works posted on YouTube.
-
October 28, 2022
Florida Federal Magistrate: Copyright Case Over House Photos Should Proceed
MIAMI — Allegations of vicarious, induced and direct copyright infringement by a plaintiff retained to photograph a luxury home against the home builder should not be dismissed, a Florida federal magistrate judge recommended Oct. 27.
-
October 27, 2022
In California Copyright, Lanham Act Case, Meta Wins Dismissal
SAN FRANCISCO — A federal judge in California granted a motion to dismiss putative class claims of copyright infringement and false advertising leveled in connection with Facebook’s embedding tool, but the plaintiff won leave to amend his complaint a second time.
-
October 24, 2022
Motion To Enforce Copyright, Trademark Settlement Granted In New York
NEW YORK — A federal judge in New York on Oct. 21 granted a request by copyright and trademark infringement plaintiffs to enforce an informal settlement with a defendant who “balked” and later filed invalidity and cancellation counterclaims.
-
October 21, 2022
9th Circuit Affirms Safe Harbor Holding In Dispute Over Courses
SAN FRANCISCO — A federal magistrate judge in California did not err in granting a defendant accused of posting copyrighted computer programming courses online summary judgment amid findings that the defendant is entitled to safe harbor immunity under the Digital Millennium Copyright Act (DMCA), the Ninth Circuit U.S. Court of Appeals ruled.
-
October 20, 2022
Negligence Claim Tossed In Dispute Between Mural Creators, Property Owner
SAN FRANCISCO — Although agreeing to allow allegations of Visual Artists Rights Act (VARA) violations to go forward, a federal judge in California dismissed claims of negligence by several artists whose mural outside a San Francisco bar was painted over by the property owner.
-
October 14, 2022
Zillow To 9th Circuit: Photo Database Is Compilation, Meriting A Single Award
SAN FRANCISCO — Because a real estate photographer had not received copyright registrations for the pictures at the center of an infringement lawsuit prior to filing its complaint, per the requirements of Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, Zillow Group Inc. tells the Ninth Circuit U.S. Court of Appeals that dismissal is merited in the 7-year old lawsuit.
-
October 13, 2022
High Court Hears Copyright Row Over Warhol Use Of Prince Photo
WASHINGTON, D.C. — At oral arguments Oct. 12 the U.S. Supreme Court was warned that endorsement of a “meaning or message” test for assessing whether a work qualifies as transformative under the copyright doctrine of fair use would “decimate the art of photography by destroying the incentive to create the art in the first place.”