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Mealey's Copyright

May 13, 2022
9th Circuit Affirms That Appellant Failed To Prove Co-Authorship

SAN FRANCISCO — In a May 11 unpublished ruling, the Ninth Circuit U.S. Court of Appeals upheld a California federal judge’s rejection of a challenge to the copyright ownership of Antonia Basilotta, performing as Toni Basil, in various musical works.
May 11, 2022
Panel Reinstates Claim For ‘Copyright Law Violations’ Before Claims Court

WASHINGTON, D.C. — In a May 9 holding, the Federal Circuit U.S. Court of Appeals said that the U.S. Court of Federal Claims must revisit a pro se plaintiff’s allegations that the federal government committed “copyright law violations” when it published his scientific work without authorization.
May 11, 2022
California Federal Judge Says Contract Case Preempted By Copyright

SAN JOSE, Calif. — In a May 10 holding, a federal judge in California denied a motion to remand a breach of contract and unjust enrichment case against Pixar Animation Studios, producer of the film “Onward,” to the Alameda County, Calif., Superior Court on grounds of federal copyright preemption.
May 06, 2022
Dismissal Of ‘Can’t Help Falling In Love’ Copyright Case Affirmed By Panel

NEW YORK — A federal judge in New York did not err in dismissing a declaratory judgment action involving the validity of a termination of the copyright to the hit song “Can’t Help Falling In Love” made famous by Elvis Presley, the Second Circuit U.S. Court of Appeals ruled May 4 in a blow to the heirs of songwriter Hugo Peretti.
May 04, 2022
Copyright Case ‘Not A Close Call,’ New York Federal Judge Says, Granting Fees

NEW YORK — In a May 2 holding, a federal judge in New York said the operator of the “XXL Mag” website is entitled to attorney fees it incurred defending copyright infringement allegations by a photographer.
May 02, 2022
Michaels’ Bid To Dismiss Copyright, Trademark Claims Fails In Pennsylvania

PHILADELPHIA — A federal judge in Pennsylvania on April 29 denied a motion to dismiss by Michaels Stores Inc., finding that allegations that the craft chain is liable for trademark and copyright infringement are adequately plead.
May 02, 2022
In New Jersey Copyright Row, Unfair Competition Counterclaim Tossed

TRENTON, N.J. — Allegations by various Internet providers that the recording industry and a digital infringement detection company engage in unfair business practices through their dissemination of copyright notices were dismissed April 29 by a federal judge in New Jersey.
April 29, 2022
Record Labels Tell 2nd Circuit Vimeo Not Entitled To DMCA Safe Harbor

NEW YORK — A trial court wrongly found that Vimeo Inc. was entitled to safe harbor under the Digital Millennium Copyright Act (DMCA), a group of record labels argue in an April 13 brief in the second appeal to the Second Circuit U.S. Court of Appeals of a long-running copyright infringement suit, maintaining that employees of the video-sharing website were aware of “red flags” that indicated that many user-posted videos infringed copyrighted songs.
April 26, 2022
Photographer Denied Summary Judgment In Copyright Row With Publisher

TRENTON, N.J. — A federal judge in New Jersey on April 21 denied a motion for partial summary judgment by a photographer leveling claims of copyright infringement against a textbook publisher, upon finding that “a fact issue remains as to whether” the photographer had notice of the injury and whether he exercised “reasonable diligence” in pursuing his claim.
April 25, 2022
Supreme Court Won’t Weigh In On ‘You Raise Me Up’ Copyright Case

WASHINGTON, D.C. — A petition for a writ of certiorari that sought clarification on the proper standard for determining substantial similarity between two musical works was denied April 25 by the U.S. Supreme Court.
April 21, 2022
In Kentucky Copyright, Trademark Case, Fee Request Partly Granted

LEXINGTON, Ky. — A Kentucky federal judge on April 19 agreed that a prevailing copyright infringement defendant is entitled to reimbursement of its attorney fees but disagreed with the amount recommended by a magistrate judge.
April 14, 2022
Marvel Can Amend New York Copyright Case Against Colan Heirs

BROOKLYN, N.Y. — A federal magistrate judge in New York on April 1 said Marvel Characters Inc. would be given an opportunity to amend its lawsuit against the heirs of Eugene “Gene” Colan to further contest the validity of a recent termination notice.
April 14, 2022
In Texas Architectural Works Case, Motion To Dismiss Partly Granted

SAN ANTONIO — A federal judge in Texas on April 13 agreed that two real estate developers are entitled to dismissal of allegations that they distributed copyrighted renderings and floorplans with knowledge that the works were missing copyright management information.
April 13, 2022
Panel Turns Away Copyright Appeal, Says Jurisdiction Lacking

ATLANTA — In an April 11 order, the 11th Circuit U.S. Court of Appeals agreed with DISH Network that because a Florida federal judge’s memorandum following a bench trial on allegations of copyright infringement is not final, an appeal of the memorandum cannot go forward.
April 11, 2022
In Longstanding Dispute Over ‘Used’ Digital Music, Fees Will Be Awarded

NEW YORK — A New York federal judge granted a request by Capitol Records LLC and others for attorney fees, in part, on April 7, ordering the operator of an online marketplace for used and recycled digital music files to reimburse the music publishers for fees incurred after a March 2013 summary judgment order, as well as 15% of the fees incurred on appeal to the Second Circuit U.S. Court of Appeals.
April 08, 2022
RIAA, Intel Among Amici Supporting DOJ In D.C. Circuit Appeal Of DMCA Brouhaha

WASHINGTON, D.C. — The Recording Industry Association of America Inc. (RIAA) and Intel Corp. contributed, respectively, to two amicus curiae briefs filed April 4 and 6 in support of the U.S. Department of Justice and other governmental parties in the District of Columbia U.S. Court of Appeals, arguing that the prohibition on circumventing technological protection measures (TPMs) by the Digital Millennium Copyright Act (DMCA) serves to protect copyrighted, expressive works without violating the First Amendment to the U.S. Constitution.
April 08, 2022
9th Circuit Affirms Dismissal Of Copyright Claims Over ‘All American’

SAN FRANCISCO — In an April 7 unpublished opinion, the Ninth Circuit U.S. Court of Appeals said a California federal judge correctly determined that the CW Network show “All American” is not substantially similar to an appellant’s films and web series.
April 08, 2022
Former Beach Boy’s Putative Foreign Streaming Royalties Class Action Dismissed

LOS ANGELES — A California federal judge on April 6 granted a motion to dismiss without leave to amend a lawsuit filed by a former member of The Beach Boys who accused two music companies of fraud and violation of California’s unfair competition law (UCL) on behalf of a putative class that was allegedly deprived of digital streaming royalties from foreign markets.
April 07, 2022
Copyright Claims Against Amazon, Sony, Others Survive Dismissal Bid

NEW YORK — A New York federal judge on March 31 denied a request to dismiss allegations that the copyrighted vocal arrangements for “Smokey Joe’s Café” were infringed by various defendants who streamed live performances of the Broadway musical.
April 04, 2022
D.C. Federal Judge Won’t Block Publication Of Industry Standards

WASHINGTON, D.C. — In a March 31 ruling, a District of Columbia federal judge said that the online publication of industry standards already incorporated into law qualifies as a fair use and that an injunction barring publication of unincorporated standards is not warranted “in light of the meager evidence of irreparable harm and the possibility that these standards will be incorporated into law at a later date.”
April 01, 2022
Infringement, Antitrust Claims Dismissed Against YouTube In Filmmaker’s Piracy Suit

MIAMI — Granting in part a motion by YouTube Inc. to dismiss claims filed against it by a Spanish-language filmmaker related to the unauthorized posting of his works on YouTube, a Florida federal judge on March 29 found that the plaintiff did not sufficiently state his Sherman Act tying claim, while concluding that some of the copyright infringement claims are time-barred.
March 31, 2022
Labels, Publishers Waive Response To Petition Over Songs’ Substantial Similarity

WASHINGTON, D.C. — A group of record labels and music publishers filed a notice of waiver in the U.S. Supreme Court on March 28, opting to not respond to a petition for certiorari in which a copyright holder, which sued over alleged infringement by the song “You Raise Me Up,” asks the high court to consider the proper standard for determining substantial similarity between two musical works.
March 31, 2022
DOJ Tells D.C. Circuit DMCA Restricts Conduct, Not Freedom Of Speech

WASHINGTON, D.C. — Countering two technologists’ arguments in the District of Columbia Circuit U.S. Court of Appeals that the anti-circumvention measures of the Digital Millennium Copyright Act (DMCA) restrict their rights under the First Amendment to the U.S. Constitution, the U.S. Department of Justice argues in a March 28 brief, representing several federal governmental appellees, that the statute’s focus is on restricting actions, not speech, while protecting digital copyrighted works.
March 30, 2022
2nd Circuit Upholds Fair Use Finding, Fee Denial In Copyright Row

NEW YORK — A series of judgments and determinations by a federal judge in New York were affirmed March 29 by the Second Circuit U.S. Court of Appeals in a dispute over a photograph of a New York finance executive.
March 29, 2022
Damages And Injunction Awarded In Florida Copyright, Trademark Row

MIAMI — In a March 28 final default judgment and permanent injunction, a federal judge in Florida ordered a virtual private network (VPN) to block its end users from accessing various foreign piracy websites including www.piratebay.org and to pay more than $15 million in damages.