Top 10 Copyright Cases for the Month of May 2012

Top 10 Copyright Cases for the Month of May 2012

1. Gaylord v. United States, 2011-5097, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9719, May 14, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Claimant who sought 10% royalty on sales of stamps bearing image of statues on which claimant held copyright and on licensing revenues received by U.S. Postal Service in connection with infringing use prevailed on challenge to claims court's $5000 damage award as 28 U.S.C.S. § 1498(b) and 17 U.S.C.S. § 504 authorized award based on FMV of license.

CORE TERMS:  stamp, license, royalty, prejudgment interest, market value, hypothetical, negotiation, ongoing, copyright infringement, retail ...

 

2. Banco Popular de P.R. v. Asociación de Compositores y Editores de Música Latinoamericana (ACEMLA), Nos. 10-2170, 10-2171, UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT, 2012 U.S. App. LEXIS 9614, May 11, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  In a dispute over payment of royalties for copyrighted musical compositions, registration evidence was sufficient to reject a concert producer's defense of copyright misuse. Given evidence that rights to a composition was owned by another publisher, a licensor and its affiliate committed infringement by authorizing use of the song.

CORE TERMS:  song, composition, concert, retroactive, license, copyright infringement, settlement agreement, licensing agreement, royalty, jury trial ...

 

3. Oracle Am. v. Google Inc., No. C 10-03561 WHA, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, 2012 U.S. Dist. LEXIS 75896, May 31, 2012, Decided, May 31, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  java, package, sequence, interface, computer program, copyrightable, software, console, patent, platform ...

 

4. Tetris Holding, LLC v. Xio Interactive, Inc., Civil Action No. 09-6115, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 2012 U.S. Dist. LEXIS 74463, May 30, 2012, Decided, May 30, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  trade dress, functional, color, video game, playing, copying, scene, similarity, copied, merger ...

 

5. WNET v. Aereo, Inc., 12 Civ. 1543 (AJN), UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 2012 U.S. Dist. LEXIS 70749, May 21, 2012, Decided, May 18, 2012, Filed [enhanced version available to lexis.com subscribers]

CORE TERMS:  preemption, general scope, law claim, exclusive rights, copyrighted, preempted, unfair competition, Copyright Act, legislative history, state law ...

 

6. Karlson v. Red Door Homes, LLC, CASE NO. CV-11-J-1511-NE, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, NORTHEASTERN DIVISION, 2012 U.S. Dist. LEXIS 68395, May 16, 2012, Decided, May 16, 2012, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  The parties' relationship was one of a non-exclusive license from the artist to the home designers, and when the artist announced to the home designers that he had copyrighted his renderings and they could not continue to use then without the payment of royalties, they ceased such use. Thus, the court was unable to find that infringement occurred.

CORE TERMS:  depo, licensee, architectural, summary judgment, invoice, infringement, registration, drawings, genuine, license to use ...

 

7. Libertas Techs., L.L.C. v. Cherryhill Mgmt., Case No. 1:10-cv-935, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION, 2012 U.S. Dist. LEXIS 67846, May 14, 2012, Decided, May 15, 2012, Filed [enhanced version available to lexis.com subscribers]

OVERVIEW:  Defendants' "utilization" defense necessarily depended on a finding that the company was the owner of a copy of a computer program, a factual determination that could not be made on a motion to dismiss. Thus, dismissal of plaintiff's copyright infringement action was not warranted on the ground the claim was barred by the utilization statute.

CORE TERMS:  software, computer program, tortious interference, copyright infringement, conversion, replevin, business relationship, preempted, registration, law claims ...

 

8. Greenspan v. Random House, Inc., CIVIL ACTION NO. 11-12000-RBC 11 With the parties' consent, this case was reassigned to the undersigned for all purposes, including trial and the entry of judgment, pursuant to 28 U.S.C. § 636(c)., UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, 2012 U.S. Dist. LEXIS 64831, May 9, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Where copyright holder wrote memoir regarding founding of website, copyright infringement claims under Copyright Act regarding defendants' book and film about same website failed because he did not allege sufficient facts to establish that reasonable, ordinary observer could conclude that defendants unlawfully appropriated his original expressions.

CORE TERMS:  similarity, copying, copyrighted, picture, copyright infringement, website, infringement, actionable, omission, defamatory meaning ...

 

9. Clifton v. Pearson Educ., Inc., Case No. 5:11-cv-03640-EJD, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS 61569; 102 U.S.P.Q.2D (BNA) 1530, May 2, 2012, Decided, May 2, 2012, Filed, [enhanced version available to lexis.com subscribers] Motion granted by, in part, Motion denied by, in part Clifton v. Pearson Educ., Inc., 2012 U.S. Dist. LEXIS 66479 (N.D. Cal., May 11, 2012) [enhanced version available to lexis.com subscribers]

CORE TERMS:  photograph, license, preliminary injunction, copyright infringement, infringement, textbook, irreparable harm, public interest, injunctive relief, injunction ...

 

10. Art of Living Found. v. Doe, Case No.: 5:10-cv-05022-LHK, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2012 U.S. Dist. LEXIS 61582, May 1, 2012, Decided, May 1, 2012, Filed, [enhanced version available to lexis.com subscribers] Later proceeding at Art of Living Found. v. Does, 2012 U.S. Dist. LEXIS 64578 (N.D. Cal., May 8, 2012) [enhanced version available to lexis.com subscribers]

CORE TERMS:  trade secrets, teaching, manual, summary judgment, blog, ownership, declaration, discovery, registration, facie ...

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