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Weintraub Tobin

(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

Weintraub Tobin on

Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more

Mintz - Antitrust Viewpoints

DC Circuit Court Rules AI Cannot be Author of Copyrighted Work, and NIST Finalizes AI Report — AI: The Washington Report

On March 18, the US Court of Appeals for the DC Circuit ruled that an AI model cannot be the author of copyrighted material under existing copyright law. The court affirmed the US Copyright Office’s long-standing human...more

ArentFox Schiff

Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright...

ArentFox Schiff on

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. Among other things,...more

Jaburg Wilk

Copyright Update: Copyright Owners MUST Obtain Copyright Registration Before Filing Infringement Lawsuits

Jaburg Wilk on

The U.S. Supreme Court has ruled copyright owners must register their copyrights before filing a lawsuit for copyright infringement. The decision resolves a conflict between certain federal appeals courts that held copyright...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court Issues Two Unanimous Rulings Clarifying Meanings of ‘Registration’ and ‘Full Costs’ in Copyright Act

On March 4, 2019, the U.S. Supreme Court issued two unanimous decisions interpreting the Copyright Act. In Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, 586 U.S. ___, the Court resolved a circuit split over when...more

Lowndes

Establishing Copyright is Not Monkey Business

Lowndes on

Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...more

McDermott Will & Schulte

“Who’s on First?” Routine in Broadway Play Strikes Out as Transformative Fair Use

The US Court of Appeals for the Second Circuit determined that a Broadway play’s verbatim use of William “Bud” Abbott and Lou Costello’s “Who’s on First?” comedy routine was not a transformative fair use, but nonetheless...more

Proskauer Rose LLP

Second Circuit Finds Use of "Who's on First" Routine Not Transformative and Not Fair Use

Proskauer Rose LLP on

Earlier this month, the U.S. Court of Appeals for the Second Circuit issued a consequential opinion on the meaning and scope of what has become the "transformative use" factor of the fair use defense to copyright...more

McDermott Will & Emery

Dismissal but No Fees for Innocent BitTorrent Defendant - Killer Joe Nevada, LLC v. Leaverton

McDermott Will & Emery on

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be awarded upon dismissal, the U.S. Court of Appeals for the Eighth Circuit...more

McDermott Will & Emery

No Appellate “Second Guessing” of Witness Credibility Determinations - Guzman v. Hacienda Records and Recording Studio, Inc.

McDermott Will & Emery on

Addressing whether nearly identical opening song lyrics showed copying and whether to give more weight to testimony from witnesses who contradicted themselves, the U.S. Court of Appeals for the Fifth Circuit determined that...more

BakerHostetler

Bikram Yoga in the Hot Seat As Ninth Circuit Affirms Yoga Sequence Not Copyrightable

BakerHostetler on

No matter how graceful the flow or beautiful the poses may be, the Federal Appeals Court for the Ninth Circuit held that Bikram Choudhury’s sequence known as Bikram Yoga – 26 poses performed in the same order over 90 minutes...more

Polsinelli

"Ready? Okay!": Clothing Design Copyright Affirmed by Sixth Circuit Despite Dissent Stating Industry is "a Mess"

Polsinelli on

Recently, the Sixth Circuit Court of Appeals ("Sixth Circuit") in Varsity Brands, Inc. v. Star Athletica, LLC, decided that clothing designs (in this case, a cheerleading uniform) can be protected by copyright under the...more

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