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Appellate Courts › Appeals › Copyright Infringement

Bennett Jones LLP

Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

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In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a...more

McDermott Will & Schulte

No Fair Use Defense Results in Default Judgment

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The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of a copyright infringement claim alleging copying of a photograph, finding that the defendant’s use of the photograph did not constitute...more

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Copyright Suit Over Sam Smith’s “Dancing with a Stranger” and Reaffirms the Jury’s Role

Ervin Cohen & Jessup LLP on

On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more

McDermott Will & Schulte

Untwisting the Fixation Requirement: Flexible Rules on Moveable Sculptures

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s dismissal of a claim of copyright infringement for kinetic and manipulable sculptures, finding that movable structures were sufficiently...more

McDermott Will & Schulte

Just Compensation Based on Hypothetical Negotiation

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In a long-standing copyright dispute on its second visit to the US Court of Appeals for the Federal Circuit, the Court affirmed the modest damages award from the US Court of Federal Claims, ruling that a hypothetical...more

Tarter Krinsky & Drogin LLP

Fair Use: Prince Of The Universe Dethroned In Favor Of The Goldsmith

Tarter Krinsky & Drogin LLP on

Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Jersey Boys and Restroom Doors

Morrison & Foerster LLP - Left Coast Appeals on

This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more

Buchalter

Ninth Circuit Decision Solidifies the Importance of Adhering to Registration Formalities

Buchalter on

A recent decision from the Ninth Circuit Court of Appeals is likely to have a significant impact on both copyright infringement matters and copyright registration practices in the Ninth Circuit, if not nationwide. The case,...more

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