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Archive for the ‘Copyright’ Category

Eleventh Circuit Applies Copyright Act’s Collective Works Provision to CD-ROM Collection By Dmitriy Tishyevich — Edited by Andrew Ungberg Greenberg v. National Geographic Society 11th Circuit, June 30, 2008, No. 05-16964 Slip Opinion On June 30, the Eleventh Circuit issued a divided en banc opinion, affirming by a 7-5 vote the panel decision in Greenberg II, which had vacated Greenberg I. Writing for the majority, Judge Barkett held that National Geographic was privileged to reproduce its print issues. Section 201(c) ... Read More...
Posted On Jul - 6 - 2008 Comments Off READ FULL POST
Ninth Circuit Assesses Copyright Damage Awards By Debbie Rosenbaum — Edited by Stephanie Weiner  Derek Andrew, Inc. v. Poof Apparel Corp. 9th Circuit, June 11, 2007 Slip Opinion  The Ninth Circuit reversed and remanded in part the decision of the District Court for the Western District of Washington, which had awarded statutory damages under the Copyright Act for a copyright infringement, as well as attorney’s fees.  Under § 504(a) and (c) of the Copyright Act, a copyright owner can elect ... Read More...
Posted On Jun - 19 - 2008 Comments Off READ FULL POST
District Court Denies Yoko Ono Lennon’s Motion for Injunctive Relief By Nicola Carah — Edited by Evie Breithaupt Lennon v. Premise Media Corp. S.D.N.Y., June 2, 2008, No. 08cv03813 Slip Opinion The District Court for the Southern District of New York denied Yoko Ono Lennon’s motion for preliminary injunctive relief in a case involving Premise Media Corp.’s use of a fifteen-second clip of the song “Imagine” in Expelled, its controversial documentary about intelligent design. The court found that the plaintiffs ... Read More...
Posted On Jun - 9 - 2008 1 Comment READ FULL POST
Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...
Posted On Jun - 8 - 2008 2 Comments READ FULL POST
European Court of Justice holds that EU law does not require ISPs to disclose subscriber information By Daniel Ray — Edited by Wen Bu Productores de Música de España (Promusicae) v. Telefónica de España S.A.U. European Court of Justice (Grand Chamber), January 29, 2008 Case C-275/06, 2008 CELEX no 62006J0275 (Jan. 29, 2008) Opinion On January 29, the European Court of Justice issued a Grand Chamber ruling in Promusicae v. Telefónica. The court held that European law does not require ... Read More...
Posted On Jan - 31 - 2008 2 Comments READ FULL POST
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