The Eleventh Circuit Court of Appeals has held that an award of attorney’s fees by the district court was reversible error because the lower court failed to account for the contractually bargained for attorneys fees clause in the copyright and breach of contract action. In Yellow … [Read more...]
DMCA Safe-Harbor Immunizes ISP Irrespective of Employees’ Knowledge of Infringement
The Court of Appeals for the Second Circuit (New York) held that the ISP website owner who had a DMCA takedown process but whose employees had personal knowledge that some third-party posted videos did contain infringing material was immunized by the Digital Millennium Copyright … [Read more...]
Attorney’s Fees in Copyright Cases – Set by Defendant’s Objective Reasonableness
The Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (Supreme Court, June 2016) (Available Here), held that the “objective reasonableness” of an unsuccessful litigant’s position should be accorded “substantial weight” when awarding attorneys’ fees in … [Read more...]
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...]
DMCA Safe Harbor Requires Registered Agent with Copyright Office – BWP Media USA Inc. v. Hollywood Fan Sites LLC
The BWP Media case highlights the importance of having certain requirements in connection with the operation of a website to protect the website owner from copyright infringement for material posted by third parties under the Digital Millennium Copyright Act (DMCA). In this case, … [Read more...]
Waiting Too Long to Bring Copyright Infringement Suit – Laches No Bar Claim If Any Infringement Within Three Years
The Supreme Court, in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), (available here), held that the defense of laches was not available to preclude adjudication of copyright infringement action brought within 17 U.S.C.S. § 507(b)’s 3-year limitations period for … [Read more...]
Location Of Copyright Owner Insufficient For Personal Jurisdiction Over Defendants
The Second Circuit Court of Appeals held that a plaintiff’s economic losses were not enough to establish personal jurisdiction under New York’s long-arm statute. Troma Entertainment, Inc. v. Centennial Pictures, Inc., et al., Case No. 12-1883-cv (2d Cir. September 6, 2013) … [Read more...]
For Criminal Copyright Infringement You Must Know That Act Is Unlawful
The Ninth Circuit Court of Appeals in a criminal copyright infringement case found that “willfully” under the Copyright Act required actual knowledge of the illegality of the act, and to “knowingly” traffic counterfeit labels required knowledge that the labels were counterfeit. … [Read more...]
Mayweather Knocks Out Competition In Case For Copyright Infringement
The Fourth Circuit Court of Appeals held that speculative evidence was not enough to show a genuine issue of material fact relating to damages in a copyright infringement lawsuit. Dash v. Mayweather, et al., Case No. 12-1899 (4th Circuit, September 26, 2013) (available here). … [Read more...]
Elton John’s Song “Nikita” Is Not Copyright Infringement of Thematic Concepts In Natasha’s Song
The 7th Circuit Court of Appeals held that unprotectable elements of a song, when considered together, are not enough to support a claim of copyright infringement. Guy Hobbs v. Elton John, Case No. 12-3652 (7th Cir. July 17, 2013) (available here). Guy Hobbs sued Elton John for … [Read more...]
