Holding: Motion to dismiss trade dress infringement claim for copying "overall look and feel" of website denied because further factual development required for court to assess whether copyright law provided an adequate remedy. More...
Holding: Because alleged co-author of screenplay failed to bring authorship claim within three year statute of limitations and limitations period was not equitably estopped or tolled, summary judgment against him was granted. More...
Holding: Unauthorized downloading and uploading of copyrighted media files is a violation of the copyright holders' exclusive rights to reproduce and distribute the files. More...
Holding: Purported assignment of copyright failed because assignor never had ownership of copyright. More...
Holding: Ownership of rap song copyrights passed into bankruptcy estate upon debtor's rejection of contract as executory, rather than reverting back to rap artist, so summary judgment against plaintiff on copyright, trademark and collateral state claims was appropriate. More...
Following are Copyright Law Commentaries elaborating on the significance of the most important of the Copyright Law Summaries.
Commentary: In an opinion seen as a major development in open source jurisprudence, the Court of Appeals for the Federal Circuit ruled in Jacobsen v. Katzer, 535 F.3d 1373 (Fed. Cir. 2008), open source licenses create conditions on the scope of the license, and failure to comply with those conditions may constitute copyright infringement. More...
Related summary: Federal Circuit Holds That Open Source Code Licensors Are Entitled to Copyright Protection Governing Use of Code
Commentary: In Cartoon Network v. CSC Holdings, 536 F.3d 121 (2nd Cir. 2008), the Second Circuit reversed a District Court’s ruling and determined that a remote-storage DVR service does not infringe on the reproduction and public performance rights of copyright holders. This significant holding, which will likely be referenced in a variety of future opinions, offers some interesting ramifications. It offers consumers an opening for increased flexibility in viewing choices, and offers developers of new technology a more generous interpretation of copyright law. Critics contend the ruling opens the door for new defenses for infringers and interprets copyright law in a fashion that impedes traditional copyright protection. Either way, the decision stands at the juxtaposition between existing copyright law and emerging technology. More...
Related summary: Playback of Films on Cablevision's Remote Storage DVR System Not Copyright Infringement, Second Circuit Rules
Commentary: In Richlin v. Metro-Goldwyn-Mayer Pictures, 531 F.3d 962 (9th Cir. 2008), the heirs of one coauthor of the treatment that served as the basis of “The Pink Panther” series of movies asserted an interest in the motion picture copyright. The Ninth Circuit affirmed a district court’s grant of summary judgment and agreed with the district court that the coauthor of a story treatment is not necessarily the coauthor of a subsequent movie based on that treatment, and therefore cannot necessarily claim a copyright interest in the movie. Accordingly, renewal of the copyright in the motion picture had no impact on the treatment coauthor’s interest. More...
Related summary: Ninth Circuit: MGM Pictures, and Not the Creator of Pink Panther, Owns the Copyright to “The Pink Panther” Motion Picture
Commentary: Under the Copyright Act, a registered copyright owner has the option to elect to recover either statutory damages or actual damages for infringement. Because actual damages are often difficult to prove, the option to elect statutory damages is extremely valuable. Section 412 of the Copyright Act, however, limits the option of statutory damages available to a copyright owner when infringement occurs prior to the registration of the copyright in question, even if the infringement also occurs after the registration. In Derek Andrew v. Poof Apparel, 528 F.3d 696 (9th Cir. 2008), the Ninth Circuit Court joined the Second, Fourth, Fifth, and Sixth Circuit in barring the option of statutory damages for ongoing infringement, that is, where infringement begins pre-registration and continues post-registration. The lesson for copyright owners is clear: get your copyright registered as soon as possible to maximize the types of recovery available to you against infringers. More...
Related summary: Ninth Circuit Reverses Statutory Damage Award against Apparel Company, But Remands Attorneys’ Fees Award
Commentary: The Court of Appeals for the Federal Circuit’s decision in Litecubes LLC v. Northern Light Products clarified some critical elements of IP litigation jurisprudence. Litecubes LLC v. Northern Light Products, ___ F3d ___, 2008 WL 1848659 (C.A. Fed. (Mo.)) The Litecubes Court took the opportunity to clarify a few issues that have been the source of confusion in the IP arena, particularly regarding infringement claims with extraterritorial aspects. Specifically, the Litecubes Court addressed the fact that proof that the infringing activity takes place in the United States is proof of an element of infringement, but it is not relevant to the question of subject matter jurisdiction. More...
Related summary: Federal Circuit Affirms District Court’s Findings Against GlowProducts on LiteCubes’ Ice Cube
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Copyright Act of 1976 (pdf, 1.4mb)
Copyright Royalty and Distribution Reform Act of 2004 (pdf, 102kb)
Individuals with Disabilities Education Improvement Act of 2004 (pdf, 422kb)
Intellectual Property Protection and Courts Amendments Act of 2004 (pdf, 72kb)
Satellite Home Viewer Extension and Reauthorization Act of 2004 (pdf, 3.7mb)
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