Mealey's Copyright
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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.
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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.”
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.”
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October 10, 2022
Texas Federal Judge: Acquiescence No Defense To Copyright Claims
DALLAS — On the eve of trial, a plaintiff embroiled in Texas federal litigation with a former associate has prevailed on its position that acquiescence is unavailable as an affirmative defense to allegations of copyright infringement.
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October 07, 2022
$2.4 Million Fee Award In Favor Of Publishers Vacated By 2nd Circuit
NEW YORK — The Second Circuit U.S. Court of Appeals on Oct. 6 partly vacated a New York federal judge’s grant of summary judgment on allegations of copyright infringement, as well as a subsequent $2.4 million attorney fee award in favor of various music publishers.
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October 05, 2022
Panel: Right Of Publicity Claims By ‘Stuttering John’ Preempted By Copyright
NEW YORK — A federal judge in New York correctly dismissed a right of publicity action by John Melendez, known professionally as “Stuttering John,” on grounds of federal copyright preemption, the Second Circuit U.S. Court of Appeals ruled Oct. 4.
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October 04, 2022
Copyright Infringement Case Settles Days After Federal Judge Excludes Expert
PHOENIX — An Arizona federal judge has ordered that a copyright infringement case be terminated after learning that the parties have agreed to a settlement, a few days after the judge ruled that testimony by an expert retained by an Instagram influencer accusing a company of improperly sharing her photos was inadmissible under Daubert v. Merrell Dow Pharmaceuticals Inc.
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October 04, 2022
9th Circuit Reverses Dismissal, Says Copyright Plaintiff Has Standing
SAN FRANCISCO — In an Oct. 3 holding, the Ninth Circuit U.S. Court of Appeals reinstated a copyright infringement action over microscopic photographs posted on social media, upon concluding that a California federal judge wrongly dismissed the action for lack of statutory standing.
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October 04, 2022
High Court Won’t Review Author’s Copyright Case Against Texas A&M
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari by an author who sued Texas A&M University (TAMU) for appropriating a sports biography he wrote, in a case that implicates sovereign immunity and the takings clause.
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September 30, 2022
Divided Argument, Extended Time Request Granted In High Court Copyright Case
WASHINGTON, D.C. — The upcoming oral argument in a dispute over a copyrighted photograph of the artist Prince will be extended, with the government given time to argue its position that the four factors for a finding of fair use must be considered together, according to the U.S. Supreme Court.
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September 27, 2022
In Cross-Appeal, Patent, Copyright Defendant Says It Is Entitled To Fees
WASHINGTON, D.C. — In a Sept. 26 brief filed with the Federal Circuit U.S. Court of Appeals, a medical equipment company says that although a Rhode Island federal judge correctly rejected allegations that it misappropriated some trade secrets while granting a new trial on liability and damages with regard to another, he abused his discretion in denying requests for attorney fees under federal patent and copyright law.
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September 23, 2022
In ‘Zioness’ Trademark, Copyright Row, Third-Party Complaint Receives OK
NEW YORK — A dispute between a think tank and a former executive over copyrighted images and the right to use the “Zioness” trademark will proceed with the nonprofit’s third-party claims of infringement in place, a federal judge in New York ruled Sept. 22.
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September 22, 2022
In Copyright Dispute Over Mayweather Fight, 6th Circuit Rules Against Sports Bar
CINCINNATI — The owner of a sports bar was wrongly granted summary judgment on allegations of copyright infringement leveled by the exclusive licensee and distributor of a 2017 fight between Floyd Mayweather and Conor McGregor, the Sixth Circuit U.S. Court of Appeals ruled Sept. 21.