- Volume 17, Issue #5
- California Federal Judge Won't Query Copyright Office Over Registrations
SAN DIEGO - In two orders issued May 21, a California federal judge refused to issue a request that the Register of Copyrights reconsider registrations issued to Dr. Seuss Enterprises LP for "Oh, the Places You'll Go!" ("Go!") and "Sneetches" but granted a defendant judgment on the pleadings with regard to Seuss' related allegations of trademark infringement (Dr. Seuss Enterprises LP v. ComicMix LLC, et al., No. 16-2779, S.D. Calif., 2018 U.S. Dist. LEXIS 84986, 2018 U.S. Dist. LEXIS 84985).
- Copyright Infringement Allegations Over 'Gone Girl' Dismissed In Federal Court
CHICAGO - Gillian Flynn, author of the bestselling novel "Gone Girl" and screenplay of the same name, won dismissal May 21 of allegations that her work infringed a copyrighted screenplay titled "Out of the Blue" (Leslie Weller v. Gillian Flynn, et al., No. 17-8799, N.D. Ill., 2018 U.S. Dist. LEXIS 84591).
- California Federal Judge: 'Let It Go' Copyright Claims Are Time-Barred
LOS ANGELES - In a May 21 ruling, a California federal judge found that direct and indirect copyright infringement allegations surrounding the hit song "Let It Go," from the movie "Frozen," must be dismissed with regard to any acts occurring before Nov. 23, 2014 - when the three-year statutory limitations period began under the Copyright Act, 17 U.S.C. 507(b) (Jaime Ciero v. The Walt Disney Company, et al., No. 17-8544, C.D. Calif.).
- Louisiana Federal Judge Dismisses Copyright, Trademark Claims
NEW ORLEANS - A copyright and trademark infringement plaintiff's effort to establish jurisdiction in Louisiana based upon a defendant's access of a computer server there was unsuccessful May 29, when a Louisiana federal judge found that it is unclear whether the access was without permission (Future World Electronics LLC v. Results HQ LLC, No. 17-17982, E.D. La., 2018 U.S. Dist. LEXIS 88979).
- 9th Circuit Judge Issues Sua Sponte Request To Rehear Copyright Case
SAN FRANCISCO - In a May 25 order, the Ninth Circuit U.S. Court of Appeals announced that an unidentified judge of the court has requested, sua sponte, a vote on en banc rehearing of an April ruling that a monkey lacks standing under the Copyright Act, 17 U.S.C. 101 et seq., to maintain an action for infringement (Naruto, a Crested Macaque, by and through his Next Friends, People for the Ethical Treatment of Animals, Inc. v. David John Slater, et al., No. 16-15469, 9th Cir.).
- California Federal Judge Denies Dismissal Of Copyright Dispute Over Bots
LOS ANGELES - In a 39-page order issued May 29, a California federal judge rejected efforts by the operators of alleged "bots" to obtain dismissal of copyright infringement allegations levied in connection with their mass purchase of tickets for live entertainment events (Ticketmaster L.L.C. v. Prestige Entertainment West Inc., et al., No. 17-7232, C.D. Calif., 2018 U.S. Dist. LEXIS 89347).
- Dismissal Of Tablecloth Copyright Dispute Denied By Maryland Federal Judge
GREENBELT, Md. - A dispute between manufacturers of linens for use in the hospitality industry will proceed in light of a May 15 memorandum by a Maryland federal judge that deemed allegations of copyright and trade dress infringement adequately pleaded to survive a motion to dismiss (Garnier Thiebaut Inc. v. Castello 1935 Inc. and Richard William Campbell, No. 17-3632, D. Md., 2018 U.S. Dist. LEXIS 83294).
- 1st Circuit Reverses Fee Award For Sony In Song Copyright Dispute
BOSTON - A panel of the First Circuit U.S. Court of Appeals on May 4 sided with a songwriter whose copyright infringement claims against Sony Corporation of America were dismissed with prejudice because the dismissal was premised on findings that the case was subject to mandatory arbitration, and not a finding of failure to state a claim (Luis Adrian Cortes-Ramos v. Sony Corporation of America, et al., No. 16-2441, 1st Cir., 2018 U.S. App. LEXIS 11718).
- Dispute Over Removal Of Copyright Info Survives Summary Judgment Motion
HOUSTON - Allegations that a defendant violated the Digital Millennium Copyright Act (DMCA) when it removed copyright management information (CMI) from derivative works will proceed, in light of a denial of summary judgment on May 3 by a Texas federal judge, who expressed skepticism about the defendant's claim that the disputed works were created "from scratch" (Preston Wood & Associates LLC v. UL Inc., No. 16-1427, S.D. Texas, 2018 U.S. Dist. LEXIS 74723).
- Post-Verdict, California Federal Judge Enjoins Copyright Defendants
LOS ANGELES - In a May 7 in-chambers order, a California federal judge issued a permanent injunction in a copyright case, rejecting a claim by defendants that their request in April 2018 for a license from the American Society of Composers, Authors and Publishers (ASCAP) eliminates any likelihood of irreparable harm going forward (WB Music Corp., et al. v. Royce International Broadcasting Corp., et al., No. 16-600, C.D. Calif., 2018 U.S. Dist. LEXIS 77707).
- 7th Circuit Affirms: Website Had Irrevocable License In Copyright Case
CHICAGO - In a May 8 decision, the Seventh Circuit U.S. Court of Appeals upheld an Illinois federal judge's determination that CareerBuilder LLC possessed an irrevocable, implied license to use a plaintiff's copyrighted designs and was under no obligation to pay the plaintiff a renewal fee (LimeCoral Ltd. v. CareerBuilder LLC, No. 17-1733, 7th Cir., 2018 U.S. App. LEXIS 12022).
- 2nd Circuit Won't Rehear Fox Fair Use Ruling Against Media-Monitoring Service
NEW YORK - The operator of an online media-monitoring service saw its petition for rehearing denied May 14, as the Second Circuit U.S. Court of Appeals declined without comment reconsideration of its finding that TVEyes Inc.'s service is not fair use and, thus, infringes Fox News Network LLC's copyrighted content (Fox News Network LLC v. TVEyes Inc., No. 15-3885, 2nd Cir.).
- Google Seeks Rehearing Of Fair Use Ruling In Java Copyright Dispute With Oracle
WASHINGTON, D.C. - In a May 29 petition in the Federal Circuit U.S. Court of Appeals, Google LLC says "novel questions of exceptional importance" over the fair use of existing software interfaces merit en banc rehearing of a panel's finding that Google's use of certain Java code in its Android operating system infringed the copyrights of Oracle America Inc. (Oracle America Inc. v. Google LLC, Nos. 17-1118, -1202, Fed. Cir.).
- Software Creator Asks Supreme Court To Clarify Copyright Transfer Procedure
WASHINGTON, D.C. - Contending that an asset transfer to his former company did not include the copyright in a disputed software program, the software's creator in an April 27 petition for certiorari asks the U.S. Supreme Court to clarify what type of documents satisfy the copyright transfer procedure outlined in Section 204(a) of the Copyright Act (Anthony Johnson v. Storix Inc., No. 17-1503, U.S. Sup.).
- Infringement, Conversion Of Concert Posters At Issue In Supreme Court Petition
WASHINGTON, D.C. - The heirs of a famous rock concert promoter claim that an appeals court used the incorrect standard in determining the ownership of copyrights in concert posters that were created as a work-for-hire, they argue in an April 23 petition for certiorari with the U.S. Supreme Court, seeking reversal and remand to pursue infringement and conversion claims (Alexander Graham-Sult, et al., v. Nicholas Clainos, No. 17-1465, U.S. Sup.).