Online Willful Infringement Standard Clarified: Zazzle Jury Award Reinstated

New Media and Technology Law

Zazzle”) for willful copyright infringement, putting a final stamp (perhaps) on a long-running dispute that explored important DMCA safe harbor issues for online print-on-demand services. The appeals court found that Zazzle’s anti-infringement oversight mechanisms were insufficient during the period of infringement when a number of the plaintiff’s Greg Young Publishing, Inc.’s

Asked and Answered: Parody/Satire and copyright infringement.

Gordon P. Firemark

Q: When does a parody of someone else’s material infringe on their copyright? Simply put, if a new work copies the work of another, it infringes the copyright in that work… BUT, in the U.S., Parody is protected as a form of “Fair Use&# , a defense to claims of copyright infringement. Asked and Answered: Parody/Satire and copyright infringement. For instance, having a character use the Vulcan mind-meld in your story.


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Asked & Answered: Mechanics of copyright infringement suit.

Gordon P. Firemark

Q: What are the mechanics of a copyright infringement law suit? based writer believes his work has been infringed by a person or entity in the U.S. Generally, an aggreived party (Plaintiff) can file suit for copyright infringement against a U.S. based infringer (Defendant) in the Federal Court district in which the Defendant resides, or where the Defendant has certain ‘minimum contacts’ (Copyright is federal law, so the federal courts have jurisdiction).

Eagles Sue Hotel California for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The Baja hotel isn't affiliated with the famous song. read more. THR, Esq. Music Home Music THR Online

Re-Thinking IP Infringement

Media Law Prof Blog

Wagner, CUNY Baruch College Zicklin School of Business, Department of Law, are publishing Intellectual Property Infringement as Vandalism in the Stanford Technology Law Review. Irina D. Manta, Maurice A. Deane School of Law, and Robert E. Here is the abstract

'Walking Dead' Producer Sues for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The name 'Valhalla' is at the center of the dispute. read more. THR, Esq. Television Television THR Online

Kogan on How Photographs Infringe

Media Law Prof Blog

Kogan, University of Utah College of Law, is publishing How Photographs Infringe in volume 19 of the Vanderbilt Journal of Entertainment & Technology Law (2017). Terry S. Here is the abstract. Courts and commentators have lavished attention on the question

Charbucks Trademark Does Not Infringe Starbucks

Current Trends

New Hampshire coffee roaster, The Black Bear, won its 12-year battle against Starbucks , when the Second Court of Appeals confirmed the lower court’s ruling of no trademark infringement. Starbucks takes an aggressive stance against potential trademark infringers. Branding trademark Trademark trademark infringement trademark litigation

Spotify Hit With Two Lawsuits Claiming "Staggering" Copyright Infringement

THR, Esq. Entertainment & Media Law Blog

The plaintiffs, including a founding member of the group Frankie Valli and The Four Seasons, call the streaming giant's recent $43 million settlement with publishers and songwriters an "empty gesture." read more. THR, Esq. Business Music Tech Business THR Online

Hulu wins patent infringement case

THR, Esq. Entertainment & Media Law Blog

Hulu has survived a patent infringement lawsuit brought by a company. By Eriq Gardner Hulu might not be the favorite website of TV creators like Steve Levitan ("Modern Family"), but the studio-owned video platform has a fan in federal court.

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TikTok the Massive Infringer Thumbs Nose at FTC Ruling on Kids: Can CFIUS be far behind?

Music Technology Policy

MTP readers may recall that in between getting banned by the Department of Defense , the State Department, the Department of Homeland Security and the TSA as well as being investigated by CFIUS , TikTok got caught and fined by the FTC for exploiting children in violation of U.S. law: The operators of the video social networking app, now known as TikTok, have agreed to pay $5.7

'Zorro' Licensor, in Role Reversal, Faces Trial for Copyright Infringement

THR, Esq. Entertainment & Media Law Blog

A court decision on Friday represents the latest in a two-decades-long feud over what's in the public domain and what's not. read more. THR, Esq. Business Movies Business THR Online

Malcom X Heirs Sue for Copyright Infringement and Injunction

Current Trends

copyright copyright infringement Copyright Copyright Litigation Entertainment lawsuit estate planning The Heirs of Malcom X sue to stop the publication of key portions of Malcom X’s diaries.

Music Labels Sue Fit Radio for "Massive Scale" Copyright Infringement

THR, Esq. Entertainment & Media Law Blog

The labels say the fitness app is an unlicensed interactive streaming service. read more. THR, Esq. Music Music THR Online

Register your DMCA Agent by December 31 or risk losing your “safe-harbor” protection against copyright infringement lawsuits.

Gordon P. Firemark

Operators of sites with a registered DMCA Agent can benefit from a “safe harbor” providing immunity from certain kinds of infringement suits if they comply with some basic protocols. The post Register your DMCA Agent by December 31 or risk losing your “safe-harbor” protection against copyright infringement lawsuits. Earlier this year, the copyright office finalized the plan to modernize the process for registering your DMCA Agent.

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IP Infringement and Differing Audiences

Media Law Prof Blog

Lemley, Stanford Law School, are publishing The Audience in Intellectual Property Infringement in volume 112 of the Michigan Law Review (2014). Jeanne C. Fromer, New York University School of Law, and Mark A. Here is the abstract. Every IP right

Music Composition and Copyright Infringement

Media Law Prof Blog

Mary's University School of Law, has published An Empirical Examination of the Lay Listener Test in Music Composition Copyright Infringement. Jamie Lund, St. Here is the abstract. Music recordings consist of two distinct copyright protections: (1) a copyright in the

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing Software

New Media and Technology Law

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s software stored on a third-party’s servers. The plaintiff claimed that the defendant used an infringing version of its software to display the welcome video on its website.

Asked & Answered: My Film’s been infringed. What now?

Gordon P. Firemark

So, assuming copyright protection remains in force, it’s really a matter of determining whether the offending activity amounts to copyright infringement. Copyright infringement is the unauthorized copying, distribution, performance/display or making of derivative works based on the original work. Marketing of products is unlikely to be considered copyright infringement unless it actually involves a COPY of the film, or a portion thereof.

I Say It Here: As Predicted, EFF and Durie Tangri to Defend Internet Archive To Keep the Massive Infringement Flowing

Music Technology Policy

According to Silicon Valley mouthpiece Torrentfreak , guess who is going to be defending the Internet Archive and the eponymous Mr. Kahle in their massive copyright infringement suit from publishers? The EFF has revealed it is teaming up with law firm Durie Tangri to defend the Internet Archive against a lawsuit targeting its Open Library.

NBCUniversal Sues Company for Infringing on "NBCU" Trademark

THR, Esq. Entertainment & Media Law Blog

No, the company isn't suing itself. read more. THR, Esq. Television Television THR Online

Kind Sues Cliff For Trade Dress Infringement

Current Trends

Kind, LLC thinks new product packaging from competitor Cliff Bar & Company is an infringement on the KIND brand trade dress shown above. Currently Cliff Bar & Company packages their MOJO bar with a half-moon transparent opening. The proposed new packaging for the MOJO bar has a transparent cover separated by a non-transparent stripe. Kind says the change in packaging is just too close and consumers will be confused. Click here for a visual of the transformation of MOJO packaging.

Denicola on Volition and Copyright Infringement

Media Law Prof Blog

Robert Denicola, University of Nebraska College of Law, is publishing Volition and Copyright Infringement in volume 37 of the Cardozo Law Review. Here is the abstract. When should Internet service providers or other system owners be directly liable for copyright

Asked & Answered: protection of work against foreign infringement

Gordon P. Firemark

A: Actually, filing with the WGA affords minimal protection against infringement. The problem is that it may be harder and more expensive to pursue copyright infringement in foreign courts. Q: As most writer’s work is filed with either the WGA or copyrighted through the USPTO, how does one protect their work from an overseas company asking to see your screenplay?

Frye on Copyright Infringement and Plagiarism

Media Law Prof Blog

Copyright infringement and plagiarism are related but distinct concepts. Brian L. Frye, University of Kentucky College of Law, is publishing Plagiarism is Not a Crime at 54 Duquesne University Law Review 133 (2016). Here is the abstract. Copyright prohibits certain

Jury Finds 'Jersey Boys' Creators Liable for Copyright Infringment

THR, Esq. Entertainment & Media Law Blog

The amount of damages, if any, to be awarded has not yet been determined. read more. THR, Esq. Culture Culture THR Online

Nikki Finke website sues for copyright infringement

THR, Esq. Entertainment & Media Law Blog

parent company of Finke's, filed a copyright infringement suit today in U.S. By Matthew Belloni EXCLUSIVE: Hollywood blogger Nikki Finke has just launched another legal attack. Media Corp., District Court in Los Angeles against Arthur Meyerovich and Alina.

States’ Liability for copyright infringement

Gordon P. Firemark

VIDANGEL POSTMORTEM TRUMP CAN’T BLOCK ON TWITTER TEXAS APPEAL COURT: COPYRIGHT INFRINGEMENT BUT SOVEREIGN IMMUNITY. VIDANGEL POSTMORTEM * TRUMP CAN’T BLOCK ON TWITTER * TEXAS APPEAL COURT: COPYRIGHT INFRINGEMENT BUT SOVEREIGN IMMUNITY. The Latest episode of my Entertainment Law podcast, Entertainment Law Update, is now available for your enjoyment. Listen here, or subscribe and download in your favorite podcast listening app. Show notes are located at [link].

In Latest Court Filing, ROSS Fires Back at Thomson Reuters’ Claims of Copyright Infringement

Media Law

Later, on July 13, ROSS filed a motion to dismiss the lawsuit, again denying TR’s allegations of copyright infringement and calling into question whether TR even has a valid claim of copyright in its case headnotes and key number system.

Choice of Law and Online Infringement

Media Law Prof Blog

Samuel Ross Blackman, University of Auckland Faculty of Law, has published Choice of Law for Online Copyright Infringement: A Proposal for the Law Applicable to Ubiquitous File Sharing. Here is the abstract. The Internet has become a hotbed of activity

ISPs and User Copyright Infringement

Media Law Prof Blog

Amanda Harmon Cooley, South Texas College of Law, is publishing A Contractual Deterrence Strategy for User-Generated Copyright Infringement and Subsequent Service Provider Litigation in the SMU Law Review. Here is the abstract. This article explores the ways in which Internet

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@music_canada Wins $66 million Settlement Against Massive Infringer Isohunt and Founder — Artist Rights Watch

Music Technology Policy

Massive infringer Isohunt and its founder Gary Fung agreed to a consent order with the Supreme Court of British Columbia finding him liable for infringing the copyrights of over two dozen Canadian and international labels. via @music_canada Wins $66 million Settlement Against Massive Infringer Isohunt and Founder — Artist Rights Watch

Copyright Infringement, Copyright Protection, and Men at Work

Media Law Prof Blog

Craig Dickson, Auckland University of Technology, has published Of Kookaburras and Men (at Work): Copyright Infringement in Musical Works Revisited. Here is the abstract. The untimely death of Men at Work instrumentalist, Greg Ham in April 2012 appeared to provide

Sir Elton John Sued for Copyright Infringement

Current Trends

Twenty years after Guy Hobbs first thought Elton John’s hit “Nikiti” was lyrically too similar to Hobbs’ poem “Natasha,” Hobbs’ sued John, Bernie Taupin and Big Pig Music in federal court for copyright infringement on April 26, 2012. Whether or not Hobbs can prove infringement is not the primary issue in this case. Hobbs’ has admitted in his complaint he had actual knowledge in 2001 of the alleged infringement.

Shikhiashvili on Online Copyright Infringement and Intermediaries' Liability Under the US and the EU Law @ChicagoKentLaw

Media Law Prof Blog

Lia Shikhiashvili, Chicago-Kent College of Law-Illinois Institute of Technology, has published The Same Problem, Different Outcome: Online Copyright Infringement and Intermediaries’ Liability Under the US and the EU Law. Here is the abstract. The protection of copyright owners’ rights online

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Deadmau5 Sues Vape Company for Trademark Infringement

THR, Esq. Entertainment & Media Law Blog

The deadmodz vape brand is confusing deadmau5 fans who think the electronic music star is behind the electronic cigarette line, according to the lawsuit. read more. THR, Esq. Music Music THR Online

The NBA. Where Copyright Infringement Happens?


Tags: JETL advertising career celebrities contracts copyright courts entertainment film/television intellectual property lawsuits music sports copyright infringement NBA MTV commercial Rainn Wilson Deron Williams Dwight Howard Derrick Rose Gilbert Arenas cab driver Donal Logue TNT Jimmy the Cab Driver Taxicab Confessions

Gucci Fights Back Against Widespread Trademark Infringement


filed a lawsuit against the ex-wife (Jenny) and daughter (Gemma) of Italian fashion icon Paolo Gucci alleging both trademark infringement and dilution, U.S. District Judge Richard Berman ruled in favor of Manhattan-based Gucci America, stating that the defendants “ did not take precautions to avoid infringing plaintiff’s trademarks.&#. The allegedly infringing marks appear on a line of cosmetics, bedding, handbags, and a variety of other goods.

Hollywood Sign Owner Cries Foul Over Ad Agency 'Infringement'

Digital Media Law

11.9999. Normal. false. false. false. Visit the website for The Brooklyn Brothers, a New York ad agency, and you’ll find a splash page. announcing their new Hollywood venture, called BB Hollywood. It’s a snazzy looking page – a photo of the Hollywood sign with “BB” photoshopped in, to form “BBHOLLYWOOD” in the iconic white staggered, blocky typeface. But it turns out the splash page has already made more of a splash in Hollywood than the agency intended.

Appeals Court: ISPs Don't Get Copyright Shield Without Enforcement of Meaningful Repeat Infringer Policy

THR, Esq. Entertainment & Media Law Blog

The 4th Circuit issues a huge piracy ruling and wipes out a $25 million verdict against Cox Communications because of erroneous jury instruction. read more. THR, Esq. Business Movies Television Music Tech Business THR Online

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Yahoo Sues Facebook For Patent Infringement

Media Law Prof Blog

Yahoo is suing Facebook for patent infringement over FB's use of technology tied to the social media company's many activities. Read the complaint here

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Frito Lay Lost Chip Design Trademark and Patent Infringement Case

Current Trends

was unsuccessful in their claim that Ralcorp Holdings’ snack chip infringed the “Scoops” design trademark or patent for the process of making a formed snack chip. The jury’s decision of non-infringement may give the go-ahead to other snack food manufactures to begin offering similarly shaped chips. Plano, Texas based Frito Lay, Inc.

YouTube Again Beats Viacom's Massive Copyright Infringement Lawsuit

THR, Esq. Entertainment & Media Law Blog

After an appellate court revived Viacom''s claims that YouTube hosted copyright infringing work, U.S. District judge Louis Stanton has again given the defendant a victory. read more. The Business THR, Esq. Television Tech Business