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
Copyright Registration is a Prerequisite to Filing Infringement Suit
The Court of Appeals for the Eleventh Circuit, following the Court of Appeals for the Tenth Circuit, held that the owner of a copyright in a work must register the work with the Copyright Office prior to filing suit and a failure to do so results in dismissal of the action. … [Read more...] about Copyright Registration is a Prerequisite to Filing Infringement Suit
NFL Players Right-of-Publicity Claims in NFL Films Preempted by Copyright Act
In Dryer, Bethea and White v. The National Football League, 14-3428 (8th Cir. February 26, 2016) (Available here), the Eighth Circuit affirmed the district court’s grant of summary judgment to the National Football League (“NFL”) on the appellant’s right-of-publicity and Lanham … [Read more...] about NFL Players Right-of-Publicity Claims in NFL Films Preempted by Copyright Act
No Copyright Safe Harbor Under DMCA for ISPs for Pre-1972 Sound Recordings
The highest State Court in New York held that the Digital Millennium Copyright Act (“DMCA”) safe harbor protections do not apply to pre-1972 sound recordings. UMG Recordings, Inc. v. Escape Media Group, Inc., Case No. 100152/10, 9099 (NY App. Div. 1, April 23, 2013) (available … [Read more...] about No Copyright Safe Harbor Under DMCA for ISPs for Pre-1972 Sound Recordings
Software Source Code Access Not Enough For CFAA And Copyright Act Preempts Common Law Unfair Competition
The Northern District of California dismissed two claims stemming from alleged unauthorized use and reproduction of a copyrighted computer software. Metabyte, Inc. v. NVIDIA Corp., et al., Case No. 12-0044 (N.D. Cal. April 22, 2013) (available here). Metabyte sued NVIDIA and … [Read more...] about Software Source Code Access Not Enough For CFAA And Copyright Act Preempts Common Law Unfair Competition
“Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
To the Batmobile, but only the authentic one! Batman’s Batmobile is subject to copyright protection because it is an especially distinctive character in the Batman world, according to the District Court of the Central District of California. D.C. Comics v. Towle, Case No. … [Read more...] about “Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
Eight Sentences Ruled Fair Use Under Copyright Act
The U.S. District Court in Nevada ruled in Righthaven LLC v. Realty One Group, Inc., 96 U.S.P.Q. 2d 1516, Case No. 2:10-cv-1036 (D. Nev. Oct 19, 2010)(available here) that a Realtor, operating an internet blog at www.michaeljnelson.featuredblog.com, who copied the first eight … [Read more...] about Eight Sentences Ruled Fair Use Under Copyright Act
Computer Program License Not a First Sale Under the Copyright Act
The Ninth Circuit Court of Appeals in Vernor v. Autodesk Inc., Case No. No. 09-35969 (9th Cir. Sept. 10, 2010)(available here) held that when purchaser Vernor (a reseller of used software) obtained copies of AutoDesk’s AutoCAD program from earlier purchaser-licensees of copyright … [Read more...] about Computer Program License Not a First Sale Under the Copyright Act
