Searching Content indexed under Copyright by Proskauer Rose LLP ordered by Published Date Descending.
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"License And [Copyright] Registration Please": Key Takeaways From The Supreme Court's Opinion Clarifying When A Copyright Claimant Can Sue For Infringement
On Monday, March 4, the Supreme Court unanimously decided that a copyright claimant may only bring a suit for copyright infringement after the copyright ...
United States
18 Mar 2019
Registrations, Not Applications: Supreme Court Says Copyright Owners Must Wait To Sue
This Monday, the Supreme Court unanimously ruled in Fourth Estate Public Benefit Corp. v., LLC, 586 U.S. ____ (Mar. 4, 2019),
United States
15 Mar 2019
Fair Use In Flux: Second Circuit TVEyes Ruling May Have A Lasting Effect On Fair Use Analysis
Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in the face of new technologies ...
United States
31 Jan 2019
Three Point Shot - December 2018
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer.
United States
28 Dec 2018
Three Point Shot – August 2018
It's the college baseball championship game, ninth inning, two outs, 0-2 count, the team is down by one run, and the main character is at bat in a pinch-hitting role.
United States
10 Aug 2018
Blockchain As A Content Distribution Technology: Copyright Issues Abound
The enthusiasm is a little less vigorous, however, when the topic turns to the use of blockchain as a vehicle for content distribution.
United States
14 Jun 2018
Summary Judgment Stalemate In Copyright Spat Between Former Collaborators
The Institute of Electrical and Electronics Engineers, Inc. ("IEEE") is the well-known engineering standards organization often cited in patent litigations to inform issues ranging from claim construction...
United States
12 Jun 2018
Plaintiff Torpedoed With Attorneys' Fees For "Objectively Unreasonable" Copyright Claim
In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys' fees against a plaintiff who the court found brought an "objectively unreasonable" copyright infringement claim...
United States
20 Apr 2018
Federal Circuit Again Reverses California Court In Oracle-Google Copyright Dispute Over Java APIs – Releases A Major Ruling On Fair Use In The Software Context
In this long-running dispute that has been previously dubbed "The World Series of IP cases" by the presiding judge, Oracle America Inc. ("Oracle") accuses Google Inc. ("Google") ...
United States
5 Apr 2018
New York Court Rebuffs Ninth Circuit's Copyright "Server Test," Finds Embedded Tweet Displaying Copyrighted Image To Be Infringement
A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff's copyrighted photo)...
United States
6 Mar 2018
Judge Saris Opines On Copyright Infringement In 3-D Greeting Card Case
On February 22, Chief Judge Saris in the District of Massachusetts issued an opinion on a motion to dismiss implicating several complex copyright infringement issues.
United States
28 Feb 2018
Copyright In The Digital Age: Cisco v. Arista And The Scènes À Faire Doctrine
Imagine producing a classic Western without cowboys, saloons, or standoffs.
United States
6 Feb 2018
Ninth Circuit Issues Important Decision On Software Licensing Practices And Web Scraping
Earlier this month, the Ninth Circuit issued a noteworthy ruling in a dispute between an enterprise software licensor and a third-party support provider.
United States
25 Jan 2018
Hide And Seek: Plaintiff Permitted To Subpoena Internet Service Provider To Identify Alleged Infringers
Accordingly, plaintiff was permitted to immediately serve the Doe defendants' ISPs with subpoenas commanding the ISPs to provide plaintiff with the true name, address, and email address of each subscriber.
United States
1 Aug 2017
Three Point Shot - June 2017
Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department.
United States
30 Jun 2017
Foreign Importer Hanging by a Thread, but International Trade Commission Cuts It Off
The International Trade Commission recently issued a general exclusion order barring the importation of bed sheets with falsely advertised thread counts as a remedy for Section 337 violations.
United States
2 May 2017
Auction House Accused of Scraping Competitor's Web Listings
Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial purposes.
United States
24 Apr 2017
Craigslist Garners $60 Million Judgment Against Radpad In Scraping Dispute
For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes.
United States
18 Apr 2017
Cheerleader Uniform Designs Protectable Under Copyright Act
The Supreme Court recently held in Star Athletica, L.L.C. v. Varsity Brands, Inc., that the designs on certain cheerleader uniforms may be protected copyrights.
United States
10 Apr 2017
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