As of March 15, 2019, the U.S. Copyright Office will no longer permit applicant/claimants to file copyright applications having more that ten (10) unpublished works of visual art. This “no more than 10" rule applies to unpublished Visual Art works of: Advertisements (visual / … [Read more...] about Copyright Office Caps Unpublished Visual Art Work Applications to Ten
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
Reduction in Attorney’s Fees and Costs Without Sound Basis Was Error
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...] about Reduction in Attorney’s Fees and Costs Without Sound Basis Was Error
Right of Publicity Preempted by Copyright Law
In Maloney v. T3Media, Inc. d/b/a Paya.com, No. 15-55630 (9th Cir. April 5, 2017) (Available Here), the Court of Appeals for the Ninth Circuit held that plaintiff’s state law claims were preempted by section 301 of the federal Copyright Act because plaintiffs sought to hold … [Read more...] about Right of Publicity Preempted by Copyright Law
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
Court Finds Website HTML Code Copyrightable Subject Matter
The U.S. District Court, for the Northern District of California, held that website HTML code is copyrightable subject matter and did not follow the U.S. Copyright Office’s opinion that HTML code and the Cascading Style Sheets ("CSS") is not subject to a copyright claim. … [Read more...] about Court Finds Website HTML Code Copyrightable Subject Matter
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...] about Attorney’s Fees in Copyright Cases – Set by Defendant’s Objective Reasonableness
Trademark Claims Preempted by Copyright Act
A federal district court dismissed plaintiff’s trademark infringement claims over an ad campaign using the phrase “Nobody Puts Baby in a Corner” because the Copyright Act preempted all aspects of the trademark claim. In Lions Gate Entertainment, Inc. v. TD Ameritrade Services … [Read more...] about Trademark Claims Preempted by Copyright Act
Copyright Claim Expires 3 Years After Known Infringement
The U.S. Court of Appeals for the Second Circuit (primarily hearing federal appeals from the New York region) held that if a plaintiff knows about a copyright infringement and waits three (3) years before filing suit, the infringement claim is barred by the statute of … [Read more...] about Copyright Claim Expires 3 Years After Known Infringement
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
