The U.S. District Court dismissed a copyright infringement claim because photographer Gattoni had not registered his photos, but permitted Gattoni’s claim under 17 U.S.C. Section 1202(b), the Digital Millennium Copyright Act (“DMCA”) based upon Defendant’s removal and/or … [Read more...] about Removing Photographer Id and Re-Posting Pictures Violates DMCA
Artistic Design Elements Separable as Art from Cheerleader Uniforms Are Copyright Protected
The U.S. Supreme Court, ruling on the copyrightability of cheerleading uniforms, held that copyright protection is available for a useful article if the artistic feature “(1) can be perceived as a two-or three-dimensional work of art separate from the useful article, and (2) … [Read more...] about Artistic Design Elements Separable as Art from Cheerleader Uniforms Are Copyright Protected
Recipe Book Compilation is Not Protected by Copyright
In the recent case of Tomaydo-Tomahhdo v Vozary (case No. 15-3179, Sixth Circuit Court Of Appeals, Oct. 2015)(Opinion Available Here), the Court reviewed a grant of summary judgment, dismissing the underlying case based upon whether or not a recipe book was entitled to copyright … [Read more...] about Recipe Book Compilation is Not Protected by Copyright
Copyrightability and Fair Use of the Google Android Operating System – Oracle v Google
In a lengthy decision covering historical computer copyright case law, the Court of Appeals for the Federal Circuit ruled on the copyright dispute over the Android smart phone operating system in Oracle America Inc. v. Google Inc., Fed. Cir. Case No. 2013-1021 (May 9, 2014) … [Read more...] about Copyrightability and Fair Use of the Google Android Operating System – Oracle v Google
Click-On Terms Of Use (TOS) Creates Valid Assignment For Copyright Infringement
The 4th Circuit held that an agreement to transfer ownership of a copyright in a photograph found in a website’s “click-on approved” Terms of Use (“TOS”, sometimes called Terms of Use “TOU”) was a valid assignment of the copyright. Metropolitan Regional Information Systems, Inc. … [Read more...] about Click-On Terms Of Use (TOS) Creates Valid Assignment For Copyright Infringement
Antenna To Internet Re-Transmission Of TV Broadcast Not Copyright Infringement
The Second Circuit Court of Appeals affirmed the denial of a preliminary injunction, finding that the Aereo’s Internet re-transmission of live TV programs did not infringe on the plaintiff copyright holders’ right to publicly perform. WNET, et al. v. Aereo, Inc. f/k/a Bamboom … [Read more...] about Antenna To Internet Re-Transmission Of TV Broadcast Not Copyright Infringement
