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Archive for the ‘Copyright’ Category

Is It Unconstitutional for Congress to Take Foreign Works Out of the Public Domain? By Julie Dorais – Edited by Matt Gelfand Golan v. Holder, No. 10-545 (U.S. 2010) Transcript of Oral Arguments On October 5, 2011, the Supreme Court heard oral arguments for Golan v. Holder. The case involves the challenged constitutionality of Section 514 of the Uruguay Round Agreements Act (codified as 17 U.S.C. §§ 104A, 109), which extends copyright protection to certain foreign works that have already been in the ... Read More...
Posted On Oct - 12 - 2011 Comments Off READ FULL POST
Ninth Circuit Holds that Apple did not Engage in Copyright Misuse By Laura Fishwick – Edited by Michael Hoven Apple Inc. v. Psystar Corp., No. 10-15113 (9th Cir. Sept. 28, 2011) Slip Opinion The Ninth Circuit affirmed the Northern District of California’s holding that Psystar infringed Apple’s federal copyrights, and vacated and remanded the district court’s grant of Apple’s motion to seal summary judgment papers. The district court had rejected Psystar’s defense of copyright misuse, in which Psystar had argued ... Read More...
Posted On Oct - 5 - 2011 Comments Off READ FULL POST
By Adam Lewin Damages Reinstated by First Circuit in Tenenbaum / RIAA Suit The United States Court of Appeals for the First Circuit reinstated a $675,000 jury verdict entered against Joel Tenenbaum for copyright infringement of 30 sound recordings accomplished using file-sharing software. At trial, the jury determined that Tenenbaum was guilty of willful infringement and awarded the plaintiff record companies statutory damages of $22,500 for each song as permitted under 17 U.S.C. § 104(c). Judge Nancy Gertner of the ... Read More...
Posted On Sep - 29 - 2011 Comments Off READ FULL POST
Written by Raquel Acosta Edited by Albert Wang and Vicki Blohm Editorial Policy I. Introduction The current copyright framework is becoming obsolete as we try to make a digital world run on an analog legal system. The Copyright Act covers “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be visually perceived, either directly or with the aid of a machine or device.” 17 U.S.C. § 401. The ability of ... Read More...
Posted On Sep - 22 - 2011 Comments Off READ FULL POST
Second Circuit Rules First Sale Doctrine Only Applies to Goods Manufactured Domestically By Heather Whitney – Edited by Chinh Vo John Wiley & Sons v. Kirtsaeng, No. 09-4896-cv (2d Cir. Aug. 15, 2011) Slip Opinion After the Supreme Court’s non-precedential decision in Costco v. Omega, 131 S.Ct. 565 (2010), it is no surprise that the nexus of the first sale doctrine and works manufactured outside of the United States remains in flux.  In Wiley, the Second Circuit affirmed the judgment ... Read More...
Posted On Sep - 21 - 2011 Comments Off READ FULL POST
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