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IP License › Copyright Litigation › Appeals

McDermott Will & Schulte

Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

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The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more

McDermott Will & Schulte

Just Compensation Based on Hypothetical Negotiation

McDermott Will & Schulte on

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

McDermott Will & Schulte

Even Free Libraries Come With a Cost

McDermott Will & Schulte on

The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

Dorsey & Whitney LLP on

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

Bracewell LLP on

In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

Dorsey & Whitney LLP

First Circuit Shines Light on Murky Status of Copyright Sublicenses

Dorsey & Whitney LLP on

In a case of first impression at the appellate level, the First Circuit recently issued a decision highlighting that U.S. copyright law authorizes implied, not merely express, sublicenses of copyrighted works. Photographic...more

Proskauer - Minding Your Business

Copyright in the Digital Age: Cisco v. Arista and the Scènes à Faire Doctrine

Proskauer - Minding Your Business on

Imagine producing a classic Western without cowboys, saloons, or standoffs. This seems almost inconceivable because these elements are deeply integral to the genre – so much so, in fact, that they are essentially necessary...more

McDermott Will & Emery

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

McDermott Will & Emery on

Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

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