Mealey's Copyright
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May 18, 2023
Divided High Court Says Fair Use No Defense In Warhol Copyright Case
WASHINGTON, D.C. — The U.S. Supreme Court on May 18 found that the Second Circuit U.S. Court of Appeals correctly ruled in favor of a photographer in her copyright infringement case against a foundation that holds the copyright in Andy Warhol’s “Prince Series” prints and illustrations.
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May 16, 2023
DMCA, UCL Claims Against Microsoft, GitHub Over AI Tools Largely Dismissed
SAN FRANCISCO — A California federal judge dismissed most of the claims brought by two John Doe plaintiffs against Microsoft Corp., GitHub Inc. and OpenAI LP over the purported misuse of open-source code in artificial intelligence (AI) tools, including alleged violations of the Digital Millennium Copyright Act (DMCA) and California’s unfair competition law (UCL), with the judge finding failures to establish standing and plead injuries, among other things.
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May 16, 2023
Copyright, Contract Claims Against Target Will Proceed In Delaware
WILMINGTON, Del. — Amended allegations by the operator of an online nursery-planning tool that Target Corp. copied its website graphics are sufficient to survive the retailer’s latest motion to dismiss, a Third Circuit U.S. Court of Appeals judge sitting by designation in the U.S. District Court for the District of Delaware ruled.
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May 12, 2023
Panel Agrees: Reopening Copyright Case Would Prejudice Defendant
CINCINNATI — A Tennessee federal judge did not err in finding that a copyright owner willfully and recklessly disregarded its infringement lawsuit when it went six years without a filing in the case, the Sixth Circuit U.S. Court of Appeals has ruled.
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May 11, 2023
1st Circuit: ‘Alternative-Determinations’ Doctrine Applies To Copyright Row
BOSTON — In what it said presents a case of first impression, the First Circuit U.S. Court of Appeals on May 10 found that the “alternative-determinations” doctrine is recognized by federal res judicata law and applies in a copyright infringement dispute that has spawned four separate lawsuits.
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May 11, 2023
Conference Set For Vietnam Firm’s Cert Petition Over Foreign, Website Jurisdiction
WASHINGTON, D.C. — In its May 25 conference, the U.S. Supreme Court will consider a petition for certiorari by a Vietnamese tech firm that argues that the Ninth Circuit U.S. Court of Appeals should have dismissed a copyright infringement lawsuit over purported illegal downloading and streaming by users of its Zing MP3 mobile music app.
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May 10, 2023
In Cheats Software Row, Video Game Maker’s Request For Award Largely Granted
SEATTLE — In a May 9 judgment, a federal judge in Washington said a copyright and trademark infringement plaintiff is entitled to a more than $6.7 million award in connection with sales of software that allows users to cheat while playing the video game “Destiny 2.”
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May 09, 2023
Music Publishers Ask High Court To Decide When Direct Copyright Liability Attaches
WASHINGTON, D.C. — A person who directs employees to commit infringing acts should be found liable for copyright infringement, a group of music publishers tell the U.S. Supreme Court in a petition for certiorari, arguing that the Second Circuit U.S. Court of Appeals erred in finding that liability attaches to the person who “presses the button” in making an infringing copy.
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May 09, 2023
Fair Use Shields Defendant From Apple Copyright Claim, 11th Circuit Affirms
ATLANTA — A federal judge in Florida correctly granted a maker of virtualization software, which runs the Apple Inc. iOS operating system, summary judgment because the accused product qualifies as a fair use, the 11th Circuit U.S. Court of Appeals ruled May 8.
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May 05, 2023
Jury Sides Squarely With Singer Ed Sheeran In Copyright Case
NEW YORK — Jurors in a New York federal court on May 4 reportedly deliberated just three hours before rendering a verdict in favor of Ed Sheeran, accused in 2017 of copyright infringement by the heirs of a co-writer of the Marvin Gaye hit “Let’s Get It On.”
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May 05, 2023
Amended Lanham Act Claims Against Meta Survive Motion To Dismiss
SAN FRANCISCO — Allegations by a copyright owner that advertisements on Facebook mislead customers into thinking that the advertisers sell her artwork will proceed, a federal judge in California ruled May 4 in denying a motion to dismiss by Meta Platforms Inc.
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May 05, 2023
Videogame Developer Wins $111,900 Fee Award Over Failed Copyright Claim
SAN FRANCISCO — The creator of the mobile app “Cannon Shot!” game was awarded $111,900.69 in attorney fees May 4 by a federal judge in California in connection with a copyright infringement action by the maker of “Crazy Jump 3D.”
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May 04, 2023
Discovery On Fee Request In Dispute Over Copyrighted Beetles Art Partly Stayed
CHICAGO — Discovery in a copyright infringement dispute over two-dimensional nail polish artwork depicting The Beetles was stayed in part by a federal magistrate judge in Illinois on May 3.
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May 04, 2023
Panel Says Jurisdiction Lacking In ‘Baby Shark’ Copyright, Trademark Row
NEW YORK — A July 2021 ruling by a federal judge in New York denying entry of a default judgment in a copyright and trademark infringement case was neither a “final decision” nor an order that can be appealed on an interlocutory basis, the Second Circuit U.S. Court of Appeals said May 3.
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May 03, 2023
Bribery Claim By Failed Copyright, Trademark Plaintiffs Leads To Sanction
BROOKLYN, N.Y. — Two pro se copyright and trademark plaintiffs were each sanctioned $500 on May 2 following their December claim that bribery led a New York federal judge to refuse to seek input from the Register of Copyrights about the validity of a registration.
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May 02, 2023
Ed Sheeran Submits New Proposed Jury Instructions In Copyright Case
NEW YORK — In a May 1 filing with a New York federal judge, artist Ed Sheeran says an expert witness for plaintiffs presented a “newly revamped claim of copyright infringement” at trial, necessitating revisions to previously proposed jury instructions.
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May 01, 2023
Alabama Federal Magistrate Judge: Dismiss Copyright, Trademark Claims
MOBILE, Ala. — In an April 28 report and recommendation, a federal magistrate judge in Alabama said a copyright and trademark dispute over dog shampoo marketed as “pet friendly” should be dismissed.
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May 01, 2023
Bid For Discovery Conference In Trademark, Copyright Row Denied In New York
NEW YORK — A dismissal in September 2022 of a counterclaim for copyright infringement means a plaintiff is not entitled to seek additional discovery on the claim, “presumably” in anticipation of a forthcoming request for attorney fees, a federal magistrate judge in New York ruled.
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April 27, 2023
Florida Federal Judge Enjoins E-Tailers In Trademark, Copyright Row
MIAMI — In an April 26 ruling granting a preliminary injunction, a federal judge in Florida said a restraint on the assets of myriad trademark and copyright infringement defendants set forth within a recent temporary restraining order (TRO) would be continued.
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April 26, 2023
Florida Federal Magistrate Judge: Defendants Should Prevail In Copyright Case
MIAMI — In an April 25 report and recommendation, a Florida federal magistrate judge said a defendant is entitled to summary judgment on allegations of vicarious, induced and direct copyright infringement.
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April 21, 2023
5th Circuit Stands By Discovery Rule In Copyright Infringement Actions
NEW ORLEANS — Hearst Newspapers L.L.C.’s assertion that the U.S. Supreme Court has effectively overruled the discovery rule in cases involving allegations of copyright infringement was rejected by the Fifth Circuit U.S. Court of Appeals.
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April 21, 2023
Request For $34M In Disgorged Profits Rejected In Rolling Paper Row
CHICAGO — A rolling paper company deemed liable by jurors for copyright and trademark infringement that nonetheless prevailed on its own claim for common-law unfair competition will not be awarded disgorged profits, a federal judge in Illinois ruled.
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April 21, 2023
Generative AI Firms Move To Dismiss Artists’ Unfair Competition, Copyright Claims
SAN FRANCISCO — Three companies involved in the field of content-generation artificial intelligence (AI) filed motions to dismiss putative class copyright infringement and unfair competition claims, telling a California federal court that the plaintiff artists fail to allege that any images created by their respective programs are derivative of their copyrighted works that were purportedly used to “train” their technology.
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April 19, 2023
Seismic Surveyors Urge Tribunal To Find Jurisdiction In NAFTA Claim Against Canada
WASHINGTON, D.C. — The International Centre for Settlement of Investment Disputes (ICSID) on April 18 published a memorial on the merits filed by three investors and their geological survey company who accuse Canada of violating the North American Free Trade Agreement (NAFTA) by publicizing their confidential seismic data that was intended for sale to oil exploration companies, allegedly causing them more than 500 million Canadian dollars in damages.
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April 18, 2023
Judgment On The Pleadings In Copyright, Trademark Case Denied In Florida
TAMPA, Fla. — A bid by a defendant embroiled in a dispute over ownership of copyrights and common-law trademarks associated with the television series “The Seahunter” for judgment on the pleadings was denied April 17 by a Florida federal judge, who said the parties should instead complete discovery.