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Features

Sparks From En Banc Arguments In Song Suit Against Led Zeppelin Image

Sparks From En Banc Arguments In Song Suit Against Led Zeppelin

Scott Graham

There was much harmony along with a few discordant notes as an en banc panel of the U.S. Court of Appeals for the Ninth Circuit took up the copyright case involving Led Zeppelin's "Stairway to Heaven."

Features

Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use' Image

Fourth Circuit Rules that Website's Unauthorized Posting of Stock Photograph Was Not 'Fair Use'

Michael W. Mitchell & Edward Roche 

The decision in Brammer v. Violent Hues sheds some light on when re-posting will be a "fair use" and when it will give rise to liability.

Features

Analysis of Warhol Art Fair Use Ruling Image

Analysis of Warhol Art Fair Use Ruling

Robert W. Clarida & Robert J. Bernstein

The U.S. District Court for the Southern District of New York held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use.

Features

9th Circuit Says End Steinbeck Copyright Fight Image

9th Circuit Says End Steinbeck Copyright Fight

Alaina Lancaster

In a nearly half-century-long legal dispute over the rights to John Steinbeck's works, the Ninth Circuit affirmed a district court's $5 million compensatory damages award against the author's daughter-in-law but vacated punitive damages against the heir.

Features

Seeing Green: Protecting Brands In the Cannabis Industry Image

Seeing Green: Protecting Brands In the Cannabis Industry

David S. Gold

Branding is not a new concept, nor are the various intellectual property laws that protect brands. What is new to most is how this burgeoning industry can take advantage of those laws within the context of state and federal restrictions.

Features

The Interaction of International Law and U.S. Copyright–Assignment Terminations Image

The Interaction of International Law and U.S. Copyright–Assignment Terminations

Stan Soocher

That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.

Features

Photographs on the Internet: Circuit Courts Examine Copyright Infringement Image

Photographs on the Internet: Circuit Courts Examine Copyright Infringement

Kyle-Beth Hilfer

Two recent circuit court cases clarified copyright infringement of photographs on the Internet. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.

Columns & Departments

IP News Image

IP News

Howard Shire & Christine Weller

<i>Mercedes Benz USA LLC v. Bombardier</i>

Features

Hey! That's My Move! Image

Hey! That's My Move!

Erin Hennessy, Annie Allison & Logan Kotler

Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.

Features

High Court's View of 'Full Costs' in Copyright Litigation Image

High Court's View of 'Full Costs' in Copyright Litigation

Scott Graham

A unanimous U.S. Supreme Court, led by Justice Brett Kavanaugh, held that the phrase “full costs” in §505 of the Copyright Act means all of the costs specifically enumerated in the general cost-shifting statutes, such as transcripts and fees for court-appointed experts and interpreters.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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