News & Analysis as of

IP License The Copyright Act Copyright

McDermott Will & Schulte

To kill a derivative: Licensee has no post-termination copyright control

Addressing a dispute concerning two derivative stage adaptations of Harper Lee’s To Kill a Mockingbird, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of declaratory relief, finding that...more

McDermott Will & Schulte

Even Free Libraries Come With a Cost

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

Lathrop GPM

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

Lathrop GPM on

On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

Venable LLP on

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more

Venable LLP

NFT Intellectual Property Considerations

Venable LLP on

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Perkins Coie

First Lawsuits Arrive Addressing Generative AI

Perkins Coie on

This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works). As the quality of...more

Saiber LLC

Southern District of New York Rejects Ninth Circuit’s Copyright Analysis Regarding Embedded Images

Saiber LLC on

In a recent case, Nicklen v. Sinclair Broadcast Group, Inc., the United States District Court for the Southern District of New York, rejecting the rationale of a case decided by the United States Court of Appeals for the...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...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

BCLP

Copyright in construction: some common queries

BCLP on

Questions about intellectual property rights routinely arise during construction contract negotiations and serve as a refreshing reminder that COVID-19 issues are not the sole focus of negotiations at the moment. Copyright...more

Farella Braun + Martel LLP

Three Steps Licensees Can Take to Protect Their IP Rights in Bankruptcy

During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key...more

Lathrop GPM

Copyright and Distance Learning in the COVID-19 Environment

Lathrop GPM on

The COVID-19 pandemic has caused most educational institutions to migrate face-to-face classes to an online environment. Among the myriad logistical and technological considerations accompanying this move to online courses,...more

Dorsey & Whitney LLP

Music Public Performance Rights: Ignore That Licensing Offer from ASCAP or BMI at Your Peril

Dorsey & Whitney LLP on

In the music world, performance rights organizations (“PROs”) serve an intermediary function between songwriters and music publishers and third parties who perform the protected works publicly. Among the largest PROs in the...more

Carlton Fields

Getting Creative with Video Games: DMCA Takedowns and You

Carlton Fields on

Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more

Brooks Pierce

Music Law 101: Common Music Licenses

Brooks Pierce on

In our previous posts in our Music Law 101 series, we have covered the basics of copyright law, including the scope of copyright protection, copyright ownership, the exclusive rights of copyright, the duration of copyright...more

Dentons

Long Term Care Facilities and Music Licensing

Dentons on

The ability to play music for residents of a long-term care facility can be important to their enjoyment of life and overall happiness. However, the facilities must be aware of the copyright laws and the rights of others when...more

Bracewell LLP

House Unanimously Passes Music Modernization Act – Paves the Way for Major Updates to Digital Music Royalty Ecosystem

Bracewell LLP on

A major upgrade for music copyright and licensing laws is one step closer to reality with the U.S. House of Representative's unanimous passage of HR 5447, dubbed the Music Modernization Act ("MMA"), which is aimed at...more

Dorsey & Whitney LLP

Will Copyright Rules for Player Pianos Continue to Govern Digital Music Delivery?

Dorsey & Whitney LLP on

Last month in our Olympics edition, we provided a glimpse into the arcane world of licensing of musical works under the U.S. Copyright system. It’s actually crazier still. ...more

Dorsey & Whitney LLP

Beyoncé, Coldplay and Ed Sheeran Skating Debuts - Solid Gold at the Olympics

Dorsey & Whitney LLP on

With the lifting of the International Skating Union ban on the use of music with lyrics, the Olympics in Pyeongchang is the first in which singles and pairs ice skaters can compete to music with lyrics (Ice Dancers have been...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

Dorsey & Whitney LLP

Comic-Con, Costumes, and Copyright Concerns

Dorsey & Whitney LLP on

Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

Dickinson Wright

Copyright Protection in Canada for Artists

Dickinson Wright on

In Canada, “copyright” refers to the bundle of rights conferred by the Copyright Act (the Act) on the copyright owner and author of a work. The owner of copyright has the sole right to produce or reproduce a work (or a...more

Faegre Drinker Biddle & Reath LLP

Before Sending DMCA Takedown Notice, Copyright Owners Face Duty to Consider Fair Use, Says Appeals Court

On September 14, 2015, the United States Court of Appeals for the Ninth Circuit held that copyright owners have a “duty to consider—in good faith and prior to sending a [DMCA] takedown notification—whether allegedly...more

McDermott Will & Emery

Delivering Architectural Plans May Create Implied License - Hunn v. Dan Wilson Homes, Inc.

McDermott Will & Emery on

Where an architectural draftsman left his design firm mid-project and later used partial plans drawn during his employment to complete the project, the U.S. Court of Appeals for the Fifth Circuit affirmed the ruling that the...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide