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
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
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
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
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
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
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
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 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
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
By Mary LaFrance In MDY Indus., LLC v. Blizzard Ent., Inc. , 2010 U.S. App. LEXIS 25424 (Dec. 14, 2010), [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , a case arising out of the... Read More
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
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
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
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