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Features

FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito' Image

FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito'

Raychel Lean

Federal Judge Kathleen Williams recently analyzed the hit song "Despacito" in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Film Clips Included in Talent's Acting Reel Are a Copyright Fair Use Ninth Circuit Finds Judd/Weinstein Meeting Within Scope of California Sexual Harassment Statute Personal Manager's Lawsuit in New York Against Former In-House Counsel Can Move Forward

Features

States Win Some and Lose Some on Copyright Front at Supreme Court This Term Image

States Win Some and Lose Some on Copyright Front at Supreme Court This Term

Jason Bloom

The Supreme Court decided two copyright cases this term, both involving states. This article discusses the cases and their likely impact on copyright law going forward.

Features

Copyright Considerations In Artificial Intelligence Image

Copyright Considerations In Artificial Intelligence

Shaleen J. Patel & Sushmitha Rajeevan

In the process of creating new content, AI, which has moved into the entertainment industry, may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.

Features

Weighing the Benefits: How Much Weight Will Your Survey Have in Court? Image

Weighing the Benefits: How Much Weight Will Your Survey Have in Court?

Rene Befurt, Marie Warchol & Anthony Nasr

As consumer surveys become increasingly common forms of evidence in matters involving copyright, patent or trademark infringement, so too do Daubert challenges that attempt to disqualify that evidence. However, getting admitted into court is no guarantee of success — you are not over the entire Daubert hurdle just yet. The next step is ensuring that your survey is convincing the fact finders that your survey's results are dependable and useful.

Features

Recent Court Views on "Making Available" Controversy in Copyright Infringement Image

Recent Court Views on "Making Available" Controversy in Copyright Infringement

Stan Soocher

Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

Features

Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case Image

Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case

J. Alexander Lawrence

Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

Features

Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case Image

Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case

J. Alexander Lawrence

Don and Phil Everly's flawless harmonies that resulted in a string of hits in the 1950s and '60s regrettably ended in acrimony. The Sixth Circuit recently issued a decision in a dispute between Phil's heirs and Don over copyright ownership of the No. 1 hit "Cathy's Clown," in which concurring Judge Eric E. Murphy raised important questions about when the statute of limitations should begin to run in copyright cases and whether courts have been correctly applying the law.

Features

Recent Court Views on "Making Available" Controversy In Copyright Infringement Image

Recent Court Views on "Making Available" Controversy In Copyright Infringement

Stan Soocher

Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.

Features

Defense Counsel Discuss Outcome in Dance Steps Case Image

Defense Counsel Discuss Outcome in Dance Steps Case

Jenna Greene

Kirkland & Ellis has notched a win in cutting-edge litigation that questions the protectability of dance steps, what constitutes choreography and the relationship between copyright, and right of publicity and trademark law.

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