Intellectual Property

Recent Posts

Supreme Court Tightens the Lid on Internet Music Royalties; Refuses to Hear Copyright Case Involving Music Downloads and Public Performances
Posted on 5 Oct 2011 by Copyright & Trademark Law Community Staff

Internet companies rejoice! Composers, songwriters and lyricists commiserate! On Monday, the Supreme Court denied the American Society of Composers, Authors and Publishers' (ASCAP) petition for certiorari and let stand the 2 nd Circuit's... Read More

Record Labels Reach $105 Million Settlement with Lime Wire
Posted on 13 May 2011 by Melissa Ritti

NEW YORK - (Mealey's) Cautioning that "theft of the world's greatest music comes with a stiff price," Recording Industry Association of America (RIAA) Chairman and CEO Mitch Bainwol confirmed May 12 that a settlement has been reached... Read More

Damages Reduced for a Second Time in Illegal Music Sharing Case against Minnesota Woman
Posted on 26 Jul 2011 by Copyright & Trademark Law Community Staff

As reported by the Duluth News Tribune , U.S. District Judge Michael J. Davis has reduced the $ 1.5 million verdict against Jammie Thomas-Rasset, the Minnesota woman found liable for illegally sharing 24 songs online. The award, which was reduced to... Read More

Andrew Beckerman-Rodau, Professor, Suffolk University Law School: Comments on the recent Boston music download case - RIAA v. Tenenbaum
Posted on 10 Feb 2010 by Professor Andrew Beckerman-Rodau

Community Member Andrew Beckerman-Rodau , Professor of Law & Co-Director IP Concentration a the Suffolk University Law School, contributed the following podcast to the community. Andrew Beckerman-Rodau, Professor, Suffolk University Law School... Read More

Second Circuit: Copyright Statutory Damages Not Available For Each Song In A Music Album
Posted on 12 May 2010 by Daniel Warren, David Weslow, and Joshua Curry

LEGAL ALERT May 10, 2010 The U.S. Court of Appeals for the Second Circuit recently affirmed a district court decision finding that a copyright owner was entitled to only one award of statutory damages for its music album compilation even though individual... Read More

Sunstein Kann Murphy & Timbers LLP: Sentences of Pirate Bay Founders Are Confirmed, But They May Avoid the Brig
Posted on 24 Feb 2012 by Sunstein Kann Murphy & Timbers LLP

By Lisa Tittemore , Chair of the Copyright Practice Group T he jig is up for the brazen anti-copyright activists at The Pirate Bay. In April 2009, the men behind the once-popular Swedish file-sharing website were found guilty of violating Swedish... Read More

Jonathan Zavin on Arista Records LLC v. Lime Group LLC
Posted on 6 May 2011 by Jonathan Zavin

By Jonathan Zavin of Loeb & Loeb LLP USDC S.D. New York, April 7, 2011 Click here for a copy of the full decision . In copyright infringement litigation against peer-to-peer network, court denies defendants' motion that would... Read More

Baidu -Chinese Search Engine Now Offers Legal Music Downloads
Posted on 21 Jul 2011 by Peter S. Vogel

China's dominant search engine Baidu announced a new licensing that will permit legal downloads and streaming music to millions of Chinese users . A recent NY Times report described the new deal that will change China's image for providing illegal... Read More

High Court Declines to Consider Constitutionality of Damages in File-Sharing Case
Posted on 21 May 2012 by Mealey's Litigation Report

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today rejected a petition for certiorari by a Massachusetts man who was found liable for copyright infringement related to his sharing of 30 songs on peer-to-peer (P2P) websites, making no comment... Read More

Partial Summary Judgment Granted/Denied in Arista’s Infringement Action against LimeWire: Arista Records, et. al. v. Lime Group, et. al., 06 CV 5936 (SDNY April 29, 2011) – FREE DOWNLOADS
Posted on 4 May 2011 by Copyright & Trademark Law Community Staff

On May 11 th , 2010, the United States District Court for the Southern District of New York granted summary judgment in favor of plaintiffs, Arista Records, et. al., on their claims against defendants, Lime Wire, et. al., for secondary copyright infringement... Read More

EXCLUSIVE: The Recording Industry Association of America on the LimeWire Settlement
Posted on 24 May 2011 by Jonathan Lamy

LimeWire Settlement: Our Takeaway It was an incriminating statement, as far as copyright trials go. "I was wrong." Those were LimeWire CEO Mark Gorton's very words when he took the stand in our one-and-a-half week damages trial this... Read More

European Court Refuses to Force ISP’s Installation of System for Monitoring/Filtering Out Unlawful Music Sharing
Posted on 2 Dec 2011 by Travis Burchart

The European Court of Justice (Third Chamber) recently ruled that general, indiscriminate monitoring cannot be forced upon ISPs in the event of illegal music sharing. The ruling, a setback for copyright representative Société belge des... Read More

8th Circuit Reinstates $222,000 Statutory Damages Against File Sharer
Posted on 12 Sep 2012 by Mealey's Litigation Report

Update 9/17/12: As reported by Business Insider last week, Ms. Thomas-Rasset plans to take her fight to the Supreme Court. This could prove an uphill battle, as the Court has already denied certiorari in another music download case - Sony BMG Music Entm't... Read More

New Legislation and Consumer Education May Help Stem Digital Piracy
Posted on 3 Jul 2012 by Copyright & Trademark Law Community Staff

As the entertainment and software industries struggle with the widespread problem of digital piracy, the U.S. government is wrestling with ways it can address the epidemic without infringing on free speech. Recent attempts to address the problem-including... Read More

LaFrance on Music Downloads as Reproductions Rather than Public Performances
Posted on 25 Oct 2010 by Mary LaFrance

In a significant loss for music performing rights organizations, the Second Circuit held in United States v. ASCAP , 2010 U.S. App. LEXIS 19983 (2d Cir. Sept. 28, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available... Read More