Copyright Law Updates

Featured Expert Legal Commentary

Apple v. Psystar: Ninth Circuit Upholds Validity of Software Licensing Agreements against Copyright Misuse Defense

By Ryan Smith and Thomas F. Zuber of Zuber & Taillieu

The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its… More...

More Copyright Law Updates

Sort by:
Page 1 of 3 of Copyright Law Commentaries
 1 2 3 >

Louis Vuitton Malletier v. Akanoc Solutions: Ninth Circuit Awards $11M in Damages against Web Host for Contributory Infringement

Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.  |  November 2, 2011

The Ninth Circuit recently affirmed contributory trademark and copyright infringement claims against a web hosting company which hosted an allegedly infringing website. In Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., Nos. 10-15909, 10-16105, 2011 U.S. App. WL 4014320 (9th Cir. More...

Mattel v. MGA: Specific Employment Contract Terms Dictate Employer Copyright Claims

Mattel, Inc. v. MGA Entm’t Inc.  |  October 18, 2010

In a dramatic ending to a dramatic case, the Ninth Circuit reversed and vacated the enormous award Mattel had received in its claims against MGA for wrongfully procuring and manufacturing “BRATZ” dolls, to which Mattel claimed the copyright. In Mattel, Inc. v. MGA Entm’t Inc., ___ F.3d ___, More...

Benay v. Warner Bros.: Upholding Contract Rights for Artistic Works Even Without Copyright Protection

Benay v. Warner Bros. Entertainment, Inc.  |  September 8, 2010

The U.S. Court of Appeals for the Ninth Circuit has affirmed that contractual protections for artistic works may be enforceable even in the absence of valid federal copyright protection for those works. In Benay v. Warner Bros. Entertainment, Inc., 607 F.3d 620 (9th Cir. 2010), the Ninth Circuit More...

Cosmetic Ideas v. IAC Interactive: Adopting the “Application Approach” to Copyright Registration

Cosmetic Ideas, Inc. v. IAC/Interactivecorp  |  August 27, 2010

The Ninth Circuit U.S. Court of Appeals joined the Fifth and Seventh Circuits in holding that a completed application filed with the U.S. Copyright Office suffices for “registration” for litigation purposes. In Cosmetic Ideas, Inc. v. IAC/Interactivecorp. 606 F.3d 612 (9th Cir. 2010), the Ninth More...

Gaylord v. US: Korean War Veterans Memorial on Stamp Is Not Fair Use

Gaylord v. United States  |  May 18, 2010

The Federal Circuit has ruled that the government’s use of a photograph of a government-commissioned sculpture on a postage stamp does not constitute fair use of the copyrighted sculpture, nor is the government co-owner of the copyrights. In Gaylord v. United States, ____ F.3d ____, 2010 WL More...

Reed Elsevier v. Muchnick: Section 411(a) Does Not Limit Subject Matter Jurisdiction

Reed Elsevier, Inc. v. Muchnick  |  April 13, 2010

Nine years after its decision in New York Times Co. v. Tasini, 533 U.S. 483 (2001), the U.S. Supreme Court has held that Section 411(a) of the Copyright Act does not limit a federal court’s subject matter jurisdiction to certify a class and approve a settlement that includes class members with More...

Arista Records v. Launch Media: Webcasting Service Is Not “Interactive” under U.S.C. 114

Arista Records, LLC et al v. Launch Media, Inc.  |  December 1, 2009

The Second Circuit U.S. Court of Appeals held that a webcasting service that provides users with customized internet radio stations is not an “interactive service” under 17 U.S.C. section 114(j)(7), and therefore need not pay individual licensing fees to sound recording copyright holders. In More...

Brayton Purcell v. Recordon: Expanding Jurisdiction over Website Operators in Copyright Infringement Cases

Brayton Purcell LLP v. Recordon & Recordon  |  October 21, 2009

The Ninth Circuit essentially held that a website operator accused of copyright infringement can be hailed into court in the copyright owner’s home venue if the infringer knew that the copyright owner resided there when he infringed. In Brayton Purcell LLP v. Recordon & Recordon, ___ F.3d ____, More...

Salinger v. Colting: Too Much Borrowing, Not Enough Transforming to Constitute Fair Use

Salinger v. Colting  |  September 11, 2009

When the U.S. District Court for the Southern District of New York enjoined the sale of a book billed as a sequel to “Catcher in the Rye” (written by a different author), it found that the purported sequel heavily infringed on the original’s copyright. In Salinger v. Colting, ___ F. Supp. 2d More...

Facebook v. Power Ventures: Facebook Terms of Use Against Scraping

Facebook v. Power Ventures Inc.  |  July 20, 2009

A federal court looked to Facebook’s Terms of Use to determine that a third party’s access to Facebook’s user data, though authorized by the users themselves, still constituted unauthorized access. Moreover, because Facebook alleged that in accessing the data, the third party “scraped” More...

Page 1 of 3 of Copyright Law Commentaries
 1 2 3 >

Companies Mentioned

Copyright Law

The following companies are mentioned in Copyright Law Updates:

Mediastream, Inc.

CBS Broadcasting Inc.

Newsbank, Inc.

Cablevision Systems Corp.

Proquest Company

Cable News Network LP, LLLP

Union-Tribune Publishing Company

American Broadcasting Companies, Inc.

Westbound Records, Inc.

New York Times Company

Kamind Associates, Inc. a.k.a. KAM Industries

UMG Recordings, Inc.

Copley Press, Inc.

Associated Press

Janice Combs Publishing, Inc. d.b.a. Justin Combs Publishing

Ebsco Industries, Inc.

All Headline News Corp.

Bad Boy Records LLC

P/K Associates, Inc.

American Software Development Company, Inc.

Bad Boy Entertainment, Inc. d.b.a. Bad Boy Records

National Writers Union

Affordable Video Systems, Ltd.

Yahoo! Inc.

The Authors Guild, Inc.

Dream Games of Arizona, Inc.

Television Music License Committee

American Society of Journalists and Authors

Frank Diana City Entertainment

PC Onsite

SESAC, Inc.

Michael Castleman Inc.

Power.com

RealNetworks, Inc.

Robert E. Treuhaft and Jessica L. Treuhaft Trust

Power Ventures, Inc.

AOL LLC f.k.a. America Online, Inc.

IAC/InterActiveCorp

Facebook, Inc.

American Society of Composers, Authors, and Publishers

HSN LP

Windupbird Publishing Ltd.

Northern Lights Products, Inc. d.b.a. GlowProducts.com

HSN General Partner LLC

Nicotext A.B.

Litecubes, LLC

Home Shopping Network, Inc.

J.D. Salinger Trust

Poof Apparel Corp.

Cosmetic Ideas, Inc. d.b.a.Sweet Romance Jewelry Manufacturing