Intellectual Property

Recent Posts

Peer to Peer Sharing: The Best of Connected
Posted on 17 Jun 2010 by Martindale-Hubbell Connected

What is peer to peer sharing? In the post, The Dangers of Downloading , we said, "[p]eer to Peer sharing involves any distributed network composed of users that make a portion of their resources available to other users on that network." In... Read More

Neighbouring Rights in the Digital Era: How the Music Industry Can Cash In
Posted on 26 Oct 2015 by Annabelle Gauberti

Why sound recording producers, sound recording artists and performers as well as digital service providers have everything to win in finding a consensus on neighbouring rights in the digital era As we detailed in our previous article on our take on... Read More

Google Books Project Qualifies as Fair Use, Federal Judge Says
Posted on 14 Nov 2013 by Melissa Ritti

NEW YORK — (Mealey’s) Citing the “significant public benefits” offered by the Google Books project, Judge Denny Chin of the Second Circuit U.S. Court of Appeals, sitting by designation in the U.S. District Court for the Southern... Read More

Supreme Court Reverses, Says Laches Does Not Bar Copyright Claim
Posted on 19 May 2014 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) A divided U.S. Supreme Court today ruled that a petitioner’s copyright infringement claim against Metro-Goldwyn-Mayer Inc. (MGM) is not subject to the affirmative defense of laches because her claim was... Read More

FREE DOWNLOAD: Recent German decision echoes the Perfect 10 and Parker cases, as well as ISP immunity.
Posted on 2 Jun 2010 by Copyright & Trademark Law Community Staff

On April 29, 2010, in the case of I ZR 69/08, the German Federal Supreme Court examined whether Google thumbnail images violated German copyright law. The decision echoes the cases of Perfect 10, Inc. v. Amazon.com, Inc. , 508 F.3d 1146 (9th Cir. Cal... Read More

Bensen on Latin Am. Music v. Archdiocese of San Juan, 499 F.3d 32 (1st Cir. 2007)
Posted on 14 May 2008 by Eric E Bensen

In Latin Am. Music Co. v. Archdiocese of San Juan , the Latin American Music Company (LAMCO) and the Asociacion de Compositores y Editores de Musica Latino Americana (ACEMLA) accused the Archdiocese of San Juan of the Roman Catholic and Apostolic Church... Read More

The Google Library Project Class Action Settlement
Posted on 24 Aug 2009 by Eric E Bensen

Google Library Project involved digitizing millions of books provided by major libraries for online availability. Did Google, which did not acquire copyright licenses for the books before undertaking this ambitious project, engage in large-scale copyright... Read More

Bensen on Cambridge Literary
Posted on 3 Apr 2008 by Eric E Bensen

In Cambridge Literary Properties, Ltd. v. Goebel Porzellenfabrik G.m.b.H. , the First Circuit ruled that the Copyright Act's three-year statute of limitations applied to a state law claim for an accounting for profits from an alleged co-author. Analyzing... Read More

David Nimmer on the constitutionality of anti-bootlegging legislation
Posted on 3 Apr 2008 by David Nimmer

David Nimmer offers a comprehensive analysis of constitutional challenges to the anti-bootlegging provisions of the Uruguay Round Agreements Act: 17 U.S.C. § 1101, creating civil liability for bootlegging live musical performances, and 18 U.S.C.... Read More

Graham on Goss International Americas
Posted on 3 Apr 2008 by Joshua P. Graham

In Goss International Americas, Inc. v. A-American Machine & Assembly Co. , the Northern District of Illinois held that a party may initiate a copyright infringement action after filing a proper application for the copyright. The Circuits are split... Read More

Bensen on Bridgeport Music, Inc. v. WB Music Corp.
Posted on 3 Apr 2008 by Eric E Bensen

In Bridgeport Music, Inc. v. WB Music Corp ., the Sixth Circuit affirmed summary judgment for defendant Universal-MCA Music Publishing, Inc. in Bridgeport's copyright infringement suit. In the lawsuit, Bridgeport alleged that Universal committed contributory... Read More

LaFrance on the Availability of Injunctive Relief for Intellectual Property Infringement after eBay,
Posted on 3 Apr 2008 by Mary LaFrance

The Supreme Court's decision in eBay v. MercExchange changed the playing field for patentees seeking permanent injunctions against infringers, rejecting the Federal Circuit's longstanding position that permanent injunctions should be granted absent... Read More

David Nimmer on Golan v. Gonzales
Posted on 3 Apr 2008 by David Nimmer

The Copyright Act's restrictions on untrammeled speech have co-existed for centuries with the First Amendment's command that “Congress shall make no law … abridging the freedom of speech.” Even after the potential conflict was... Read More

LaFrance on Copyright Owners Right to Reproduce Collective Works
Posted on 16 Sep 2008 by Mary LaFrance

Like the Supreme Court’s decision in New York Times v. Tasini , 533 U.S. 483 (2001), Greenberg v. National Geographic Society , 2008 U.S. App. LEXIS 13832 (June 30, 2008) addressed the scope of § 201(c) of the Copyright Act, which gives the... Read More