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Archive for the ‘Fair Use’ Category

By Nathan Lovejoy Lime Wire Damages Limited To One Statutory Damage Award Per Work Judge Kimba Wood ruled on March 10th that the statutory damages provision of the Copyright Act authorizes only one damage award per work infringed rather than one award for every infringement. Wood noted that had she adopted the record industry plaintiff’s interpretation the potential damages against the file-sharing software company would be “more money than the entire recording industry has made since Edison’s invention of the ... Read More...
Posted On Mar - 26 - 2011 Comments Off READ FULL POST
By Alea Mitchell Edited by Cary Mayberger Editorial Policy Innovative hosting of user-generated content on the Internet, and a subsequent increase in unauthorized copyrighted material among this content, means reimagining copyright jurisprudence. The issue of how we protect an owner’s “exclusive” right to reproduce, distribute, and publicly perform his or her work, while not stifling advances in global communication and technology, underlies the concern in recent infringement suits brought against online hosts like YouTube, eBay, Hi5, and Veoh. See 17 ... Read More...
Posted On Dec - 17 - 2010 1 Comment READ FULL POST
Copyright Troll Righthaven Experiences Setback due to District Court’s Grant of Dismissal Motion to Defendant Claiming Fair Use By Jonathan Allred – Edited by Cary Mayberger Righthaven v. Realty One Group, 2:10-cv-1036-LRH-PAL (D. Nev. Oct. 18, 2010) Opinion hosted by the Las Vegas Sun In one of the first rulings to come down in plaintiff Righthaven’s many copyright suits, the District Court of Nevada granted defendant Michael Nelson’s motion to dismiss. Righthaven’s lawsuits are notable because they represent a new ... Read More...
Posted On Oct - 28 - 2010 Comments Off READ FULL POST
Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright By Ian B. Brooks – Edited by Helen He MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010) Slip Opinion The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General ... Read More...
Posted On Aug - 2 - 2010 1 Comment READ FULL POST
By Ian B. Brooks Reality Porn Producers Claim Fair Use in Suit against Record Labels Ars Technica reports that Warner Bros. Records and ten other record music labels have filed suit against porn companies RK Netmedia and RealityKings.com. The record labels allege copyright infringement for the use of their unlicensed songs in hundreds of hardcore pornographic videos. They are seeking the maximum statutory penalty of $150,000 per video. RK Netmedia says it will defend the suit under the fair use ... Read More...
Posted On Jul - 20 - 2010 Comments Off READ FULL POST
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