Searching Content indexed under Copyright by Elisabeth Morgan ordered by Published Date Descending.
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Party Raising "First Sale" Defense To Copyright Infringement Bears Initial Burden Of Proof
The 9th Circuit acknowledged that Adobe "easily" established a prima facie case of copyright infringement.
United States
10 Feb 2016
Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notification
Plaintiff Stephanie Lenz uploaded to YouTube a 29-second home video featuring her children dancing to the Prince song Let's Go Crazy.
United States
11 Nov 2015
Ray Charles Foundation Can Challenge Heirs' Attempt To Reclaim Copyrights
The Ray Charles Foundation is the sole beneficiary of the Ray Charles estate. The Foundation relies on royalty income from Charles's copyrights to fulfill its mission.
United States
15 Oct 2015
Ninth Circuit Affirms Plaintiff’s Lack Of Standing For Failure To List Copyright As Bankruptcy Asset
The Ninth Circuit affirmed a grant of summary judgment in favor of the defendants in a copyright suit on the grounds that the plaintiff lacked standing.
United States
10 Jun 2014
Criminal Conviction Upheld For Modifying Videogame Console
The Sixth Circuit affirmed a criminal conviction under the DMCA for trafficking technology that modifies technological controls in video game consoles.
United States
14 May 2014
Untimely Ownership Claim Time-Bars Copyright Infringement Claim Where Basis Of Dispute Is Ownership
The U.S. Court of Appeals for the Ninth Circuit held that a district court properly dismissed a copyright infringement suit as untimely where the plaintiff sought to establish its ownership in several motion pictures more than three years after the defendant repudiated plaintiff’s control of the works.
United States
6 Jan 2014
Use Of Third-Party Artwork In Video Backdrop Is Fair Use
The U.S. Court of Appeals for the Ninth Circuit affirmed that the unauthorized use of an artist's illustration in a video backdrop featured in rock band Green Day's stage show did not violate the Copyright Act, finding, in part, that the use was sufficiently transformative and did not affect the market value of the work.
United States
8 Oct 2013
Acquiring Bare Right To Sue For Copyright Infringement Is Insufficient To Confer Standing
In a case of substance triumphing over form, the U.S. Court of Appeals for the Ninth Circuit held that a company who was effectively assigned the "bare right" to sue for copyright infringement of newspaper articles did not, in fact, have standing to sue.
United States
15 Jul 2013
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