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Archive for the ‘District Courts’ Category

Appropriation artist found to have infringed copyrights after failing to show transformative use By Matthew Becker – Edited by Chinh Vo Cariou v. Prince, No. 08 Civ. 11327 (DAB) (S.D.N.Y. March 18, 2011) Slip Opinion hosted by Scribd In a closely watched copyright case, the United States District Court for the Southern District of New York granted summary judgment for the plaintiff, Patrick Cariou, ruling that the appropriation artist Richard Prince, in conjunction with the Gagosian Gallery, infringed Cariou’s copyrighted ... Read More...
Posted On Apr - 3 - 2011 1 Comment READ FULL POST
Federal Judge Rejects $125m Google Books Settlement By Philip Yen – Edited by Chinh Vo The Authors Guild, et al. v. Google Inc., No. 05 Civ. 8136 (S.D.N.Y. Mar. 22, 2011) Opinion hosted by The Authors Guild Circuit Judge Denny Chin, sitting for the United States District Court for the Southern District of New York, rejected the $125 million Google Books class action settlement agreement between the Internet giant and groups representing authors and publishers. The court said that the ... Read More...
Posted On Apr - 2 - 2011 Comments Off READ FULL POST
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 Andrew Crocker Supreme Court to Hear “Major Test of Copyright Power” SCOTUSblog reports that the Supreme Court has granted certiorari in Golan v. Holder to consider a challenge to the federal law that restored U.S. copyrights to certain foreign works that had previously been in the public domain. The petitioners are “orchestra conductors, educators, performers, film archivists, and motion picture distributors” who claim to have relied upon the formerly public domain works. The petitioners have twice appealed to, and ... Read More...
Posted On Mar - 13 - 2011 Comments Off READ FULL POST
District Court Holds Unconstiutional Qui Tam Provisions of False Marking Statute By Nathan Lovejoy – Edited by Chinh Vo Unique Prod. Solutions, Ltd. v. Hy-Grade Valve, Inc., No. 5:10-CV-1912 (N.D. Ohio Feb. 23, 2011) Slip opinion hosted by Inventive Step The U.S. District Court for the Northern District of Ohio granted defendant Hy-Grade’s motion to dismiss on the grounds that the qui tam provision of the Patent Act’s False Marking statute, 35 U.S.C. § 292, is unconstitutional. The district court held ... Read More...
Posted On Mar - 6 - 2011 Comments Off READ FULL POST
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