Intellectual Property Protection, Copyright Litigation, Reversal

Sound and Color, LLC v. Samuel Smith

Loeb & Loeb LLP on 5/9/2025

Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

Dance, Fortnite, and the “Epic” Battle for Copyright Protection

Sunstein LLP on 1/9/2024

On November 1, 2023, in a first-of-its kind decision, the Ninth Circuit revived a copyright lawsuit based on dance choreography. Hanagmi v. Epic Games pitted Viral celebrity choreographer Kyle Hanagami against Epic Games,...more

Tenth Circuit Contributes Clarity to Contributory Liability in Copyright Infringement

McDermott Will & Schulte on 11/10/2023

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

Ninth Circuit holds that determination of copyright originality ill-suited for disposition on a motion to dismiss

Hogan Lovells on 11/13/2019

The Ninth Circuit recently reversed the dismissal of copyright infringement claims in Hall v. Taylor Swift finding a lack of sufficient facts or evidence of record to justify a summary conclusion of lack of originality for...more

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

Hogan Lovells on 6/10/2019

The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

Picture This: No Direct Infringement but no Fair Use Either

McDermott Will & Schulte on 5/6/2019

Addressing the use of third-party photographs on a real estate listing website, the US Court of Appeals for the Ninth Circuit found no direct copyright infringement, notwithstanding the display of thousands of copyrighted...more

The Second Circuit Calls a False Start on NFL Photographer Litigation

Robins Kaplan LLP on 9/13/2018

Just after the close of an eventful Week 1, the NFL was hit with the revival of an extensive lawsuit claiming it wrongfully exploited thousands of game-day photos without permission or payment....more

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

McDermott Will & Emery on 10/9/2015

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

Intellectual Property Protection › Copyright Litigation › Reversal

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