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Dismissals Copyright Litigation Appeals

McDermott Will & Schulte

On repeat: Separate accrual rule doesn’t apply to continuing harm from infringing act

The US Court of Appeals for the First Circuit affirmed a district court’s dismissal of a copyright lawsuit as time barred, finding that the separate accrual rule does not apply to continuing harm from a single infringing act....more

Offit Kurman

Federal Court Rules SoundExchange Lacks Standing in SiriusXM Royalty Dispute

Offit Kurman on

Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York dismissed SoundExchange's $150 million lawsuit against SiriusXM, finding that the performance rights organization lacks legal...more

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

McDermott Will & Schulte

Fourth Estate Redux: Dismissal for Lack of Registration Not on the Merits

In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more

McDermott Will & Schulte

Google It: Federal Copyright Law Preempts California Causes of Action

Addressing a state law-based challenge to the way search results are displayed on copies of websites, the US Court of Appeals for the Ninth Circuit held that copyright preemption precluded a website owner from invoking state...more

McDermott Will & Schulte

A Step Forward for Choreography and Copyright

McDermott Will & Schulte on

In a rare ruling on infringement of a copyright on choreography, the US Court of Appeals for the Ninth Circuit reversed the dismissal of a copyright infringement action, holding that the district court erred in its...more

McDermott Will & Schulte

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

McDermott Will & Schulte on

Addressing the elements of contributory copyright infringement, the US Court of Appeals for the Tenth Circuit found that a plaintiff had plausibly alleged contributory copyright infringement when he alleged that the...more

McDermott Will & Schulte

Serving a Perfect 10: No Protection for Embedding

The US Court of Appeals for the Ninth Circuit found that a photo- and video-sharing social networking service could not be liable for secondary copyright infringement because embedding a photo does not “display a copy” of the...more

McDermott Will & Schulte

Fourth Estate Registration Requirement Defeats Pro Se Copyright Infringement Plaintiff

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

Dorsey & Whitney LLP

9th Circuit Resurrects King Solomon’s Claim to “Empire”

Dorsey & Whitney LLP on

In three separate opinions, a panel of the Ninth Circuit revived a pro se plaintiff’s claim that defendants’ television series “Empire” infringed upon his copyrighted “treatment” for a television series entitled “King...more

Genova Burns LLC

Monkey See, Monkey Sue: Ninth Circuit Finds Naruto Cannot Sue Under Copyright Act

Genova Burns LLC on

Last week, the Ninth Circuit Court of Appeals panel affirmed dismissal of copyright infringement claims brought on behalf of a macaque monkey, Naruto, against a wildlife photographer. The Court found that Naruto had...more

Hogan Lovells

German Federal Court Rules On Google’s Image Search – Thumbnails III

Hogan Lovells on

On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

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