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Summary Judgment Remand Copyright Infringement

McDermott Will & Schulte

Striking a chord: Ninth Circuit revives copyright suit over liturgical music

In a copyright case involving liturgical music, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part, and remanded a district court summary judgment after finding triable issues of fact regarding...more

McDermott Will & Schulte

Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License

The US Court of Appeals for the Ninth Circuit revived a software owner’s copyright infringement suit because the district court erred in granting summary judgment of no infringement by failing to analyze whether the accused...more

McDermott Will & Schulte

Prayer for Declaratory Relief Invokes Copyright Act and Available Attorneys’ Fees

Vacating the district court’s order denying a defendant’s recovery of attorneys’ fees under the Copyright Act, the US Court of Appeals for the Ninth Circuit held that, even when asserted as a claim for declaratory relief, any...more

McDermott Will & Schulte

Post-Creation Letter Exchange Doesn’t Constitute Work for Hire Agreement

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Addressing an issue of whether a letter exchange qualifies as a work for hire agreement under US copyright laws, the US Court of Appeals for the Second Circuit reversed and remanded the district court grant of summary...more

McDermott Will & Schulte

Picture This: No Direct Infringement but no Fair Use Either

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

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