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Golan v. Holder: Divided Supreme Court Upholds Copyright Statute Taking Works Out of the Public Domain

By Jeff Zuber and Ryan Smith of Zuber Lawler & Del Duca

In a 6-2 opinion, the Supreme Court affirmed the validity of copyright protection for some works once in the public domain. Specifically, in Golan v. Holder, 132 S.Ct. 873 (2012), the majority sided with the United States in upholding the Uruguay Round Agreements Act § 514, which granted copyright protection… More...

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UMG Recordings v. Veoh Networks: Mere Hosting Not Enough to Comply with Actual Knowledge Requirement under DMCA

UMG Recordings, Inc., v. Veoh Networks, Inc. | February 21, 2012

The Ninth Circuit has provided extensive guidance on one of the DMCA’s safe harbor statutes, § 512(c), in a case pitting a major music label versus an internet video-sharing website. In UMG Recordings, Inc., v. Veoh Networks, Inc., Nos. 09-55902, 09-56777, 10-55732, 2011 U.S. App. WL 6357788, More...

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

Apple, Inc., v. Psystar, Corp. | November 18, 2011

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 More...

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...

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