First Circuit Holds That Artists Have Moral Rights In Unfinished Works By Debbie Rosenbaum – Edited by Alissa Del Riego Massachusetts Museum of Contemporary Art Foundation v. Büchel, No. 08-2199 (1st Cir. Jan. 27, 2010) Slip Opinion On January 27, the First Circuit affirmed in part, vacated in part, and remanded for further proceedings the district court’s grant of summary judgment for the Museum of Contemporary Art, holding that artists have moral rights in unfinished artworks. The First Circuit decided ... Read More...

Ninth Circuit Remands Cybersquatting Case By Debbie Rosenbaum – Edited by Amanda Rice Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir., Nov. 16, 2009) Opinion On November 16th, the Ninth Circuit held that the district court’s finding that the mark “VeriCheck” was an inherently distinctive, legally protectable mark was based in part on erroneous legal reasoning and in part on valid reasoning. Accordingly, it vacated the lower court’s award of summary judgment in favor of the defendant and remanded. However, ... Read More...

Federal District Court Rules Ringtones Not Public Performance By Debbie Rosenbaum – Edited by Eric Engle In re: In the Matter of the Application of Cellco Partnership d/b/a Verizon Wireless, Case Nos. 09-cv-07074 & 41 Civ. 1395 (S.D.N.Y. Oct. 14, 2009) Opinion (Hosted by EFF) The Southern District of New York has ruled that cell phone ringtones do not constitute a public performance, and thus mobile phone carriers do not need to pay performance royalties under the Section 110(4) of ... Read More...

Martek Biosciences Corp. v. Nutrinova Inc. By Debbie Rosenbaum – Edited by Stephanie Young Martek Biosciences Corp. v. Nutrinova Inc., 2008-1459, -1476 (CAFC Sept. 3, 2009) Opinion On September 3, 2009, the Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s jury verdict finding that Martek’s patents were valid and infringed, but reversed the points of error Martek asserted on cross appeal. The Federal Circuit (“CAFC”), sitting as an expanded five-member panel: 1) ... Read More...

Social Networks Shielded from Liability for Sexual Assaults By Debbie Rosenbaum – Edited By Amanda Rice Julie Doe II et al. v. MySpace Inc., Case No. B205643, (Cal. Ct. App. June 30, 2009) Opinion On June 30, the Second District Court of Appeals in Los Angeles affirmed the judgment of the lower court and held that online social networks and other websites cannot be held liable for a sexual assault on a minor that stems from an online meeting. The ... Read More...