Tag Archives: Copyright

Copyright Fee Awards Clarified

Today, the Supreme Court issued a unanimous opinion addressing the standards for awards of attorneys’ fees under the Copyright Act. The case, Kirtsaeng v. John Wiley & Sons, Inc., was before the Supreme Court for the second time.  The first … Continue reading

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Let’s [Not] Go Crazy: Copyright Holders Should Pause Before Sending Takedown Notices

It is common for copyright holders to send Digital Millennium Copyright Act (“DMCA”) takedown notices to websites to remove material that they believe to be infringing. But few are aware that overly aggressive policing can expose them to liability (including … Continue reading

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Court: Biting Criticism of Dentist was Fair Use

A federal court in New York rejected a dentist’s attempt to take the teeth out of her patients’ Yelp reviews by requiring them to sign contracts prospectively assigning her the copyrights to any future social media postings about her services. … Continue reading

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Court Rejects Porn Troll; Jury Still out on Troll Porn

A federal appellate court rebuffed an attempt by a “porno-trolling collective” to obtain identifying information regarding hundreds of individuals who may have downloaded copyrighted adult films. The plaintiff purchases copyrights in pornographic films and then issues subpoenas to internet service … Continue reading

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“Parody” Websites Transferred in NAF Arbitration

A National Arbitration Forum arbitration panel ordered the “chicagasuntimes.com” domain name transferred to Sun-Times Media despite the registrant’s “parody” defense. See Sun-Times Media IP, LLC v. WUITAS, Inc. d/b/a ABILICOM / Manager Domain, FA 1525208 (Nat. Arb. Forum Nov. 24, … Continue reading

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Music Publisher Seeks Removal of Campaign Ads

Music publisher BMG Rights Management has reportedly filed a notice under the Digital Millennium Copyright Act (DMCA) leading YouTube to remove video of a Mitt Romney campaign ad featuring President Obama’s rendition of Al Green’s “Let’s Stay Together”.  BMG is … Continue reading

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AP Launches Online News Licensing Venture

The Associated Press and other news organizations are launching a new ASCAP-like venture called NewsRight intended to give aggregators a one-stop-shop to acquire licenses to the members’ news content, according to a report by Poynter. Though NewsRight may be convenient … Continue reading

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Court Won’t Swat Flyonthewall but Hot News Doctrine Survives

The Second Circuit Court of Appeals ruled that the “hot news doctrine” does not bar a website from republishing investment banks’ financial analysis simultaneous to its release to bank clients. A number of national banks claimed the site theflyonthewall.com shared … Continue reading

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Copyright Bill Targets Streamers

A recently introduced Senate bill would make streaming copyrighted content online – as opposed to distributing downloadable copies of the content – a felony punishable by imprisonment and fines. Current copyright law distinguishes between distribution of copyrighted content, which may … Continue reading

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Copyright Liability for Linking?

The Department of Homeland Security has brought criminal copyright charges against the operator of the website channelsurfing.net alleging that the site linked to copyrighted content including Pay-Per-View sporting events and television shows. The complaint is noteworthy as a number of … Continue reading

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Copyright Spat Over School Board Video

A school district in Evanston, Illinois is taking heat after attempting to remove a video posted by a parent to YouTube of a racially charged exchange at a board meeting.  The parent allegedly took the clip from a DVD of … Continue reading

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Judge: Firms Can’t Advertise on Piracy Site

A federal judge in Massachusetts entered an order in a suit by book publishers prohibiting advertising networks from serving advertisements to a site called Pharmatext that allegedly posts pirated e-books, as well as similar sites established by the same operators.  The … Continue reading

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Court Upholds Haitian Photog’s Claims in Twitpic Suit

A federal court in New York decided that Twitter and Twitpic’s terms of services do not grant the French news agency Agence France Presse (AFP) a license to use photos uploaded to the sites.  The case arises from AFP and … Continue reading

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EFF Seeks to Protect Porn-Sharers’ Privacy

The Electronic Frontier Foundation (EFF) has asked judges in two mass copyright lawsuits involving P2P porn sharing to deny requests to indentify the accused file sharers.   The EFF alleges in its press release that “the motivation behind these cases appears … Continue reading

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Formerly Known as Privileged

The court in the infamous “Dancing Baby Case” ruled that the plaintiff waived the attorney-client privilege by discussing the case in emails, chat sessions, and blogs.   Plaintiff Stephanie Lenz filed the suit after Universal Music demanded that YouTube take … Continue reading

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