Second Circuit Holds that Submission of Entire Copyrighted Work in Judicial Proceedings Constitutes Fair Use By Kaethin Prizer – Edited by Esther Kang Hollander v. Steinberg, No. 10-1140-cv (2d Cir. Apr. 5, 2011) Summary Order hosted by Scribd.com The Second Circuit affirmed the decision of the District Court for the Eastern District of New York, which had granted summary judgment in favor of the defendant in a copyright infringement suit. The Second Circuit applied the traditional four-factor fair use test, ... Read More...

Kwan v. Schlein By Raquel Acosta – Edited by Jonathan Allred Kwan v. Schlein, No. 09-5205-cv (2nd Cir. Jan. 25, 2011) Opinion hosted by Scribd.com The Court of Appeals for the Second Circuit affirmed the District Court for the Southern District of New York, which denied summary judgment on plaintiff’s claim for copyright infringement because it was time-barred, and granted defendants’ motion for summary judgment to dismiss the claims. [Editorial note: the Second Circuit opinion incorrectly records that the district ... Read More...

U.S. appeals court affirms district court decision that a download is not a performance under the Copyright Act By Greg Tang – Edited by Ian C. Wildgoose Brown United States v. Am. Soc’y of Composers, Authors & Publishers, No. 09-0539 (2d Cir. September 28, 2010) Opinion On September 28, the United States Court of Appeals for the Second Circuit affirmed the ruling of the Southern District of New York that a digital download of a song does not constitute a public performance under section 106(4) of ... Read More...

Court Orders District Court to Reconsider Preliminary Injunction on “Catcher in the Rye” Sequel By Katy Yang – Edited by Kassity Liu Salinger v. Colting, No. 09-2878-cv (2d Cir. April 30, 2010) Slip Opinion The United States Court of Appeals for the Second Circuit vacated and remanded the judgment of the United States District Court for the Southern District of New York, which had granted Salinger’s motion for a preliminary injunction for copyright infringement and unfair competition. The Second Circuit ... Read More...

Second Circuit Affirms Dismissal of Tiffany’s Trademark Infringement Claim Against eBay By Dmitriy Tishyevich – Edited by Jad Mills Tiffany Inc. v. eBay Inc., Case No. 08-3947 (2d Cir., Apr. 1, 2010) Slip Opinion On April 1, the Second Circuit largely affirmed the holdings of the district court in the Southern District of New York. The court concluded that despite the evidence that eBay had general knowledge that some of its customers had used its website to sell counterfeit Tiffany ... Read More...