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License Agreements Copyright Infringement

WilmerHale

Use of Software by Divested Business After Spinout Brings $80,000,000 Lawsuit

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As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more

Jones Day

UK Court Rules on Reverse Engineering of Mainframe Software

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IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Bitmanagement Software GmbH v. United States

In this edition of The Precedent, we outline the recent federal circuit decision in Bitmanagement Software GmbH v. United States (Fed. Cir. Jan. 7, 2025)....more

Arnall Golden Gregory LLP

The Pitch - October 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Robins Kaplan LLP

Navigating the Legal Landscape: Generative AI and Copyright Law

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Generative artificial intelligence captivated the world in 2023 and is firmly positioned to remain center stage in the coming year. In the United States, the introduction and early-stage use of generative AI have been plagued...more

Spirit Legal

Urheberrechtsreform 2021 Teil 4: Verantwort­lich­keit der Dienste­anbie­ter nach dem UrhDaG

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Mit dem Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) wird ein völlig neues Haftungsregime in Deutschland etabliert. In diesem Beitrag werfen wir nun einen näheren Blick auf die Voraussetzungen, unter denen Diensteanbieter...more

PilieroMazza PLLC

Board Rejects Software Company’s Attempt to Enforce License Agreement Against Government Agency

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Software companies frequently choose to sell their products to the government through resellers as a cost-effective way to reach the federal marketplace with minimal compliance obligations. But even when the government...more

Jaburg Wilk

Royalty-Free and Open License Works

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If you want to use photographs, graphics, or other content without paying a fee or by paying a one-time fee rather than an ongoing royalty, it is important that you understand the law to avoid subjecting yourself or your...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

Tarter Krinsky & Drogin LLP

Fair Use: Prince Of The Universe Dethroned In Favor Of The Goldsmith

Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more

McAfee & Taft

Navigating the social media maze of copyright

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As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

Clark Hill PLC

Teaching Online Traps for the Unwary – How to Use Copyrighted Material Safely

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With most K-12 schools moving to exclusively online educational programming necessitated by shelter-in-place and other limitations imposed due to the COVID-19 pandemic, teachers want to know if, when, and how they can use...more

Dorsey & Whitney LLP

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

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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

Dorsey & Whitney LLP

Grumpy Cat wins $700K, but is she happy?

Dorsey & Whitney LLP on

Coffee addicts and meme fanatics are slightly less caffeinated and slightly less entertained after a California federal district court recently ruled that Grenade Beverage, LLC infringed the intellectual property rights of...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

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This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Snell & Wilmer

Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

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In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The...more

Knobbe Martens

Not Gone with the Wind: IP Rights Despite Public Domain Images

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In 2006, Warner Bros. filed suit against A.V.E.L.A., X One X Productions, and ArtNostalgia.com, Inc. (collectively, “AVELA”) for copyright and trademark infringement under the Copyright Act, the Lanham Act, and state law....more

WilmerHale

Copyright and Trademark Case Review: Wine, Vodka and a Little Karaoke

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Copyright Opinions - Eleventh Circuit Seeks Florida High Court's Guidance on Pre-1972 Sound Recordings: Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. 15-13100 (11th Cir. June 29, 2016) - Anderson, J. In a suit...more

Akerman LLP - Marks, Works & Secrets

First Sale Defense Blocks “Slam Dunk” Copyright Violation

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner...more

Akin Gump Strauss Hauer & Feld LLP

Holy Smokes Batman! The Batmobile Won Copyright Protection

On September 23, 2015, the Ninth Circuit issued an opinion that will cause comic book fans and car aficionados to take notice. In  DC Comics v. Mark Towle, the court held that the production and sale of replica Batmobiles...more

Proskauer - New England IP Blog

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

Akerman LLP - Marks, Works & Secrets

State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan...

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more

CMCP - California Minority Counsel Program

DISHing it out with the Fox: How the Second Screen Has Survived Fox’s Copyright Attacks

January’s Central District of California ruling on Fox Broadcasting’s claims against the DISH Network clarifies some of the ambiguity surrounding second screen cross-device programming distribution and copyright infringement....more

Zelle  LLP

Can A House Be An Advertisement? The 5th Circ. Thinks So

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In the world of general liability insurance policies, it is not uncommon for policies to exclude coverage for claims resulting from copyright or trademark infringement, while covering claims resulting from “advertising...more

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