Intellectual Property
Ninth Circuit’s Dark Horse Opinion Clarifies What Music Is Not Protected by Copyright
Vincent H. Chieffo, Julianna M. Simon, and David H. MarenbergAfter almost seven years of litigation, the Ninth Circuit vindicated Katy Perry and other co-defendants by affirming that no reasonable jury could have concluded that Perry’s hit song “Dark Horse” infringed Flame’s song “Joyful Noise” based on the similarities of two 8-note “repeating musical figures” that occur throughout both songs.
Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy Ring
Caesar Kalinowski IV, Liz McNamara, and John GoldmarkThe Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.
The Copyright Small Claims Court
Michael LambertThe copyright small claims court, designed to provide copyright claimants a quicker and less expensive way to enforce their rights, will hear limited types of copyright claims, counterclaims, and defenses.
Third Circuit: Section 230 Does Not Bar Pennsylvania Statutory Right of Publicity Claim Against Facebook
Dori Hanswirth, Michael E. Kientzle, and Rachel CarpmanThe Third Circuit split with a leading Ninth Circuit opinion holding that internet service providers are immune from all state intellectual property law claims.
Home Renovation Showdown: Summary Judgment for Discovery in Actress’s Copyright Claim
Daniel Kaufmann and Austin M. HagoodThis opinion is significant among Eleventh Circuit case law because it discusses in detail the issues of access, substantial similarity, and independent creation despite finding that each issue separately afforded grounds for summary judgment.
The ‘Embed’ Saga Continues: Another Court Rejects ‘Server Test’ With More Decisions Looming
Kenneth P. NorwickSDNY Rakoff, in Nicklen v. Sinclair, effectively followed Breitbart and fulsomely rejected Perfect 10’s “server rule.” And there is more judicial “embed” activity to be expected in the immediate future.
Dr. Seuss / Star Trek Mashup Case Heads to Trial After Fair Use Roller Coaster Ride
Jeremy S. GoldmanJudge Sammartino denied a motion for summary judgment brought by the plaintiff, Dr. Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go! – infringes the copyrights in Dr. Seuss’ famous children’s books.
District Court of Colorado Adopts Meta-Film’s “Access Through an Intermediary” Test in Copyright Case
David Aronoff, Michael Beylkin, and Joshua BornsteinThe decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.
Talk to the Hand: Michigan Copyright and Trademark Lawsuit Over Similar Hand Gesture Images Clapped Back
Brian D. WassomThis lawsuit vindicates the maxim that “no good deed goes unpunished,” but the outcome provides some encouragement for those using advertising images that are minor variations on common themes.
Second Circuit Affirms Fair Use Dismissal of “Fish Sticks” Copyright Suit
Joe SlaughterThe Second Circuit affirmed the trial court’s dismissal of a copyright infringement lawsuit on fair use grounds