(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Mickey Mouse: un ratón con abogado
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
On March 18, the U.S. Court of Appeals for the Federal Circuit issued a decision in the Thaler v. Perlmutter case, which confirmed the refusal of copyright registration for a work created entirely by an artificial...more
The US Court of Appeals for the Fifth Circuit held that reprinting foreign law cannot be an infringement of US copyright law. Canadian Standards Association v. P.S. Knight Co., Ltd., Case No. 23-50081 (5th Cir. July 16, 2024)...more
Designers and brand owners will be comforted by Marks & Spencer’s Court of Appeal victory. It reinforces the importance of registering designs to protect against copycat products and, as the first Court of Appeal decision...more
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
In February 2022, the Supreme Court of the United States held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., that lack of either factual or legal knowledge on the part of a copyright holder can excuse an inaccuracy in the...more
The US Court of Appeals for the Sixth Circuit reversed a district court’s summary judgment of noninfringement in a copyright dispute, finding that the transfer of ownership prior to the display of the copyrighted work...more
On Thursday, February 24, 2022, the U.S. Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz...more
Last week the Supreme Court agreed to hear the case Unicolors, Inc. v. H & M Hennes & Mauritz, LP, which considers when inaccuracies in a US copyright application can be used to invalidate a resulting registration. The case...more
The Supreme Court of the United States agreed to consider whether a copyright registration accurately reflecting a work can nevertheless be invalidated without fraudulent intent. Unicolors Inc. v. H&M Hennes & Mauritz LP,...more
The US Court of Appeals for the First Circuit affirmed dismissal of a copyright infringement claim for failure to register the copyright, and affirmed summary judgment against plaintiff on related state law claims where the...more
Because copyright applications are not substantively examined, unlike patent and trademark applications, obtaining a copyright registration is typically viewed as relatively easy. Indeed, only a minority of copyright...more
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
With the validity of a copyright registration at issue, the US Court of Appeals for the Ninth Circuit reversed and remanded a district court’s judgment after a jury trial and award of attorney’s fees in favor of the plaintiff...more
In the wake of the COVID-19 pandemic, libraries all over the country have closed to help prevent spread of the disease. In response, the Internet Archive (“IA”) introduced a “National Emergency Library” containing electronic...more
One of the important benefits that come from registering copyrighted works early is the ability to seek statutory damages and attorney’s fees from a copyright infringer in a lawsuit. It is only when copyright owners register...more
The Supreme Court has spoken, and it’s official: Copyright infringement claims can only be brought after the copyright in question has been registered in the U.S. Copyright Office....more
The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal with prejudice where a lace textile manufacture pleaded that a popular fashion retailer and other defendants infringed on the manufacturer’s...more
On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the...more
In Fourth Estate Public Benefit Corporation v. Wall-Street.com, a unanimous U.S. Supreme Court held in March of this year that a copyright claimant can only commence an infringement suit, unless a limited exception applies,...more
There are any number of reasons a lawsuit could be dismissed. However, if you are a copyright owner, the last thing you want is to have your case dismissed because of a problem with your registration....more
Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC has important implications for copyright owners who file infringement suits, including authors of literary, musical, and dramatic works. Key Points: ..The...more
The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more
This month, the U.S. Supreme Court highlighted yet another reason to seek copyright registration as soon as possible. In a unanimous decision, the Supreme Court ruled in Fourth Estate Public Benefit Corp. v. Wall-Street.com...more
In a unanimous decision this month, the U.S. Supreme Court held that a copyright claimant cannot sue for infringement until the U.S. Copyright Office has granted or rejected the application to register the copyright. In...more
On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court...more