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The Copyright Act Preemption Copyright Infringement

Loeb & Loeb LLP

Trump v. Woodward

Loeb & Loeb LLP on

In President Donald Trump’s lawsuit against journalist Robert Woodward arising from Woodward’s publication of audio recordings of Woodward’s interviews of Trump in 2019 and 2020, district court dismisses Trump’s second...more

Mintz - Trademark & Copyright Viewpoints

Second Circuit Declines to Decide if Human Skin Can Be a Tangible Medium of Expression under Copyright Law and Affirms Dismissal...

In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more

Knobbe Martens

“But It’s a Photo of Me!”-Celebrities Face Legal Action for Unauthorized Use of Images on Social Media

Knobbe Martens on

In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during...more

Akerman LLP - Marks, Works & Secrets

Second Circuit Revives Copyright Claims Against Sony and Ghostface Killah

In Urbont v. Sony Music Entertainment Inc., 15-1778, the Second Circuit recently revived claims against Sony and Ghostface Killah, holding that although third parties may raise a work for hire defense, here there were factual...more

Ladas & Parry LLP

California District Court Puts Baby In A Corner

Ladas & Parry LLP on

In the United States, federal laws take precedence over state law and common law causes of action where there is an overlap. This lesson was recently learned again in Lions Gate Entertainment Inc v TD Ameritrade Services...more

McDermott Will & Emery

Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims - Spear Marketing, Inc. v. BancorpSouth Bank

McDermott Will & Emery on

In a suit alleging trade secret theft of ideas related to a software program, the U.S. Court of Appeals for the Fifth Circuit affirmed both a lower court’s denial of remand to state court based on complete copyright...more

Hinshaw & Culbertson LLP

Attorney Fees Awarded In First Impression

In Ryan v. Editions Limited West Inc., 2015 DJDAR 5455, the U.S. Court of Appeal for the Ninth Circuit decided an important issue of first impression: does the Copyright Act of 1976 preclude enforcement of a contractual...more

McDermott Will & Emery

Preemption of State-Law Tort Claims by the Copyright Act - Ray v. ESPN

Addressing the issue of the preemption of state-law claims by the Copyright Act, the U.S. Court of Appeals for the Eighth Circuit upheld the district court’s dismissal of several state-law tort claims because the claims are...more

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