Posts in Copyright Litigation


The View from the Court’s 2 Live Crew: Examining the Thomas/Alito Dissent in Google v. Oracle

Most commentators agree that Google v. Oracle is the most important copyright decision of the last 25 years (since Campbell v. Acuff-Rose Music). But what if the Court …
By Darius Gambino
2 months ago 24

The Upshot of Google v. Oracle: An Absurd Ruling Will Lead to Absurd Results

For every action there is an equal and opposite reaction, or so states Newton’s third law of motion. It is safe to say that Newton never …
By Gene Quinn
2 months ago 184

Stakeholders Speak Out on Google v. Oracle

On Monday, the U.S. Supreme Court handed down a ruling that still has many in the intellectual property world reeling—and not just copyright practitioners. The …
By IPWatchdog
3 months ago 0

Second Circuit: Museum’s Online Exhibit Featuring ‘Frankenstein’ Guitar Photo was Fair Use

On Friday, April 2, the United States Court of Appeals for the Second Circuit issued a Summary Order affirming a district court’s finding that the Metropolitan Museum …
By Eileen McDermott
3 months ago 1

License to Copy: Your Software Code Isn’t Safe After Google v. Oracle

In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. This time, the Justices blessed Google's copying of Oracle's …
By Gene Quinn
3 months ago 80

Computer Programs are Different, Says SCOTUS in Landmark Ruling that Google’s Use of Oracle’s API Packages Was Fair

The U.S. Supreme Court this morning found Google’s use of Oracle’s Java application programming interface (“API packages”) a fair use as a matter of …
By Eileen McDermott
3 months ago 10

Second Circuit Delivers Blow for Fair Use in Warhol’s Prince Photograph Case

On March 26, the U.S. Court of Appeals for the Second Circuit reversed The United States District Court for the Southern District of New York’s decision …
By Logan Murr
3 months ago 0

Copyright Holders Can Restrict Framing, Says CJEU

Copyright holders can require licensees to implement technical measures to prevent infringement, the Court of Justice of the EU (CJEU) has ruled in its latest decision on …
By James Nurton
3 months ago 0

The New Copyright Small Claims Board Presents Problems for Copyright Owners and Small Businesses

Creative people need a quick, efficient and inexpensive way to recover damages for copyright infringement. They need a place to submit their charge of infringement and collect …
By William Honaker
4 months ago 0

Mechanical Licensing Collective’s $424.4 Million Unmatched Royalty Collection Highlights Music Modernization Act’s Limited Liability Compromise

On February 16, the Mechanical Licensing Collective (MLC) – a nonprofit organization designated by the U.S. Copyright Office to administer blanket mechanical licenses to eligible streaming and download …
By Steve Brachmann
4 months ago 0

UK Judge Backs Meghan Markle over Leaked Letter

The actor Meghan Markle gained fame playing a paralegal in the TV show Suits. Now, as Her Royal Highness, The Duchess of Sussex, she is starring in …
By James Nurton
4 months ago 0

Minaj-Chapman Copyright Settlement is a Warning to Artists

Last week, documents were filed confirming that singer-songwriter Tracy Chapman accepted Onika Tanya Maraj’s (who performs rap under the stage name Nicki Minaj) Rule 68 Offer of …
By Rebecca Tapscott
5 months ago 0

The Copyright Top Five of 2020

From the Google v. Oracle arguments to Congress’ year-long discussion around reform of the Digital Millennium Copyright Act (DMCA), 2020 was a big one for copyright law. A …

U.S. and EU Copyright Law Developments Reviewed at INTA Annual Meeting

Last week, during the International Trademark Association's (INTA's) all-virtual 2020 Annual Meeting & Leadership Meeting, panelists Naomi Jane Gray, Axel Nordemann and Catherine Zaller Rowland discussed perspectives in Copyright …
By Rebecca Tapscott
7 months ago 2

Copyright for Choreography: When is Copying a Dance a Copyright Violation?

Recent news reports about choreographer JaQuel Knight’s efforts to copyright some of his iconic dance routines, such as Beyoncé’s “Single Ladies,” are a reminder that …
By Laura Kees
7 months ago 0