(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
(Podcast) The Briefing: Millions at Stake – How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
The Briefing: Millions at Stake – How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
SCOTUS applies the "discovery rule" in timely copyright infringement claim; Cher wins in Marital Settlement Agreement vs Copyright Grant Termination Notices; Student Athletes Win Revenue Share and NIL
Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
Podcast: The Briefing by the IP Law Blog - The Essential Purpose of the Short Form Copyright Assignment (Archive)
The Briefing by the IP Law Blog: Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Podcast: The Briefing by the IP Law Blog - SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
The Briefing by the IP Law Blog: SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
Podcast - The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise
The Briefing by the IP Law Blog: A Spooky Copyright Decision for Producers of Friday the 13th Franchise
Jones Day Talks: Women in IP: The Supreme Court's "Copyright Day"
What Is Copyright Protection? When Should A Copyright Be Filed? What is copyright? Copyright is a United States Constitutional right that provides protection to works of original authorship...more
A recent ruling from the United States District Court for the District of Central California in the lawsuit against Miley Cyrus and others for the song “Flowers” highlighted the power that a single copyright co-owner holds in...more
Ah, the public domain—where copyrights dare not tread, and content lives free from the litigious claws of infringement claims. Whether thou art a humble creator or a bold entrepreneur, rejoice! For in this blessed realm, you...more
In a summary order, the US Court of Appeals for the Second Circuit affirmed the district court’s orders in a case involving an ownership dispute over the copyrights to certain compositions by Parliament-Funkadelic bandleader...more
According to the United States Copyright Office Circular 14: "A derivative work is a work based on or derived from one or more already existing works. Common derivative works include translations, musical arrangements,...more
In a case of first impression, the US Court of Appeals for the Second Circuit held that there is no “sophisticated plaintiff” exception to the Copyright Act’s discovery rule, which provides that a copyright claim only accrues...more
On May 9, 2024, the Supreme Court in Warner Chappell, Music Inc. v. Nealy settled a longstanding circuit split and ruled 6-3 that the Copyright Act entitles a copyright owner to recover damages for any timely claim, no matter...more
Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more
For copyright infringement lawsuits timely filed by plaintiffs availing themselves of the “discovery rule” — to determine when their infringement claims accrued — the US Supreme Court has issued a decision concerning the...more
The U.S. Supreme Court affirmed the Eleventh Circuit’s holding in Warner Chappell Music v. Nealy that copyright plaintiffs bringing timely claims of infringement may recover damages for acts occurring outside the three-year...more
The Supreme Court held that copyright owners who file a timely claim may obtain damages no matter when the copyright infringement occurred. ...more
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
On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more
On February 21, the US Supreme Court will hear oral arguments in Warner Chappell Music, Inc. v. Nealy, the outcome of which could determine whether copyright holders can recover damages for acts occurring more than three...more
In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency...more
On September 29, 2023, the Supreme Court granted certiorari in Warner Chappell Music, Inc. v. Nealy, a case that should resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more
On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more
As a previous Wilson Sonsini Alert reported, Snail Games USA Inc. and Wildcard Properties LLC (collectively, “Snail”) sent a Digital Millennium Copyright Act (DMCA) takedown notice to Valve Corporation (Valve) in order to...more
In this archive episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo explain the importance of short-form copyright assignment agreements....more
Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior...more
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
In a dispute over the alleged infringement of a floral print textile design, the US Court of Appeals for the Ninth Circuit affirmed the plaintiff’s ownership of a valid copyright, but reversed and remanded for further...more
On September 16, 2020, California federal judge Virginia A. Phillips ruled that Nicki Minaj’s use of Tracy Chapman’s copyrighted work in the creation of Minaj’s song “Sorry” was fair use. “Sorry” interpolated Chapman’s...more
Affirming a summary judgment in favor of defendant, the US Court of Appeals for the Eleventh Circuit determined that a copyright infringement lawsuit pertaining to the graphic design on a guitar made famous by a late heavy...more
Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more