In Salinger v. Colting , 2009 U.S. Dist. LEXIS 56012 (S.D.N.Y. July 1, 2009) , reclusive and fiercely protective novelist J.D. Salinger enjoined copyright infringement and common law unfair competition of The Catcher in the Rye and character infringement of iconic Holden Caulfield. The defense of fair...
WASHINGTON, D.C. - (Mealey's)
The reach of the Copyright Act's first-sale doctrine, codified at 17 U.S. Code Section 109(a) , was debated November 8 th
by an eight-member panel of the U.S. Supreme Court in a dispute over watches
lawfully manufactured abroad and sold domestically by a wholesale...
WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold domestically ( Costco Wholesale Corp. v. Omega S...
By Jeff Neuburger of Proskauer Rose LLP
LLC is an intellectual property enforcement firm that was formed by a group of
copyright attorneys and Stephens Media ,
the publisher of the Law Vegas Review-Journal. The company has been making a
name for itself; since early 2010, has brought...
By Jonathan Zavin of the firm Loeb & Loeb LLP
Click here for a copy of the full decision.
Court holds that defendant's use of plaintiff's photographs to
create "appropriation art" is not a fair use because it does not comment
on the original photographs and is not transformative;...
On May 12 th , Northland
Family Planning Clinic, Inc. filed a copyright action against the Center for
Bio-Ethical Reform (CBR). Northland provides reproductive healthcare
to women, including abortions. The CBR, a California non-profit, opposes
abortions. Northland alleges that the CBR's anti...
Even the oddest
compositions deserve copyright protection. But in a similar vein, even the
oddest compositions beckon parody.
Which brings us to
the song, What What (In the Butt) .
Which then brings us
to the animated television show, South Park .
Brownmark Films, LLC co-owns
of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research
Libraries . The document is a code of fair use practices to be used by
the academic and research library community. It provides an overview of fair
use and identifies...
By Sheppard Mullin
The appeal in the case of Cariou v. Prince [ enhanced version available to lexis.com subscribers ] is shaping up to be the biggest visual arts copyright case in many years. It will likely result in guidance on what qualifies as a transformative use for appropriation art under the...
On March 6 th , the Southern District of New York
dismissed a trademark lawsuit filed against Oprah Winfrey, holding that Oprah's
use of the phrase "Own Your Power" did not infringe plaintiff's
trademark. The court held that Oprah's use constituted fair use under 15 U.S.C. §...
SAN FRANCISCO - (Mealey's) After five
full days of deliberation, federal jurors in California issued a partial
verdict yesterday in the closely watched copyright dispute over defendant Google
Inc.'s Android software platform ( Oracle America Inc. v. Google Inc. ,
No. 10-3561, N.D. Calif.;...
By members of the Intellectual Property Litigation Group
In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio of textbook publishers...
Recently, the Southern District of New York granted
defendants summary judgment in a copyright case attacking the HathiTrust
Digital Library (HDL). The HDL, which houses digitized works from university
libraries, is used for: (1) full-text searches; (2) preservation; and (3) to
provide access for...
A collection of music companies will continue to defend themselves
against a mother who was once accused of copyright infringement after she
posted a YouTube video of her children dancing to a Prince song.
A California federal court refused to grant Universal Music
Corporation, Universal Music...