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Features

Why Second Circuit Found No Fair Use in 'TVEyes' Case Image

Why Second Circuit Found No Fair Use in 'TVEyes' Case

Crystal Genteman & Chris Bussert

Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24 hours a day, seven days a week. That's exactly what media-monitoring service TVEyes did. Fox News filed suit against TVEyes, claiming copyright infringement of 19 of its hour-long programs and alleging that TVEyes would divert Fox News's viewership and its ability to license its news clips to third parties.

Features

Copyright Law in the Age of Twitter Image

Copyright Law in the Age of Twitter

Shari Claire Lewis

<b><i>A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications</b></i><p>The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.

Features

Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i> Image

Walking the Fine Line of Fair Use: The Second Circuit's Decision in <i>Fox News v. TVEyes</i>

Crystal Genteman & Chris Bussert

Only a small fraction of television news broadcasts are made available online. For a party to monitor and view all news coverage of an event, it would essentially have to watch and record all news broadcasts 24/7. That's exactly what media-monitoring service TVEyes did. There was no dispute that TVEyes had copied Fox News's content. Instead, the issue was whether TVEyes's service constituted fair use.

Features

The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment Image

The Sixth Circuit Creates a New Standard for Unmasking an Anonymous Copyright Infringer Post-Judgment

Richard Raysman & Elliot A. Magruder

On Nov. 28, 2017, the Court of Appeals for the Sixth Circuit issued its opinion in <i>Signature Mgmt. Team, LLC v. Doe</i>. The case involved a John Doe defendant's effort to remain anonymous even after having been adjudicated liable for copyright infringement of plaintiff's business training manual.

Features

9th Cir. Appellate Arguments; FL Sup. Ct. Ruling on Pre-'72 Recordings Image

9th Cir. Appellate Arguments; FL Sup. Ct. Ruling on Pre-'72 Recordings

Scott Graham & Celia Ampel

Just a few days after the Florida Supreme Court ruled the state's common law doesn't provide pre-1972 sound recordings with rights to public performance royalties, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments on whether remasterings inject pre-1972 sound recordings with federal copyright protection.

Features

How Defendant's Prior Conduct Can Impact Copyright Cases Image

How Defendant's Prior Conduct Can Impact Copyright Cases

Nicholas J. Boyle & Richard A. Olderman

In the context of a copyright case, a defendant's prior bad acts and prior conduct are more useful to a plaintiff than is typical in civil litigation. In many instances, copyright infringement lawsuits are brought against defendants who have been sued before for infringement, or related misconduct, or who have been the subject of allegations or informal complaints, or who simply have experience in copyright matters.

Features

Oral Appellate Arguments in 'Blurred Lines' Copyright Case Image

Oral Appellate Arguments in 'Blurred Lines' Copyright Case

Scott Graham

Lawyers for Marvin Gaye's heirs and recording artists Pharrell Williams and Robin Thicke were singing past each other in court in October. But it wasn't clear which side was making the most headway with the appellate court.

Features

EU Push to Filter 'Illegal' Content Raises Alarms in Silicon Valley Image

EU Push to Filter 'Illegal' Content Raises Alarms in Silicon Valley

Ben Hancock

The European Commission (EU) is ramping up pressure on tech companies to more aggressively use automated filtering to scrub "illegal" content from the Internet, a move that is drawing criticism from some lawyers and free speech activists in Silicon Valley.

Features

Children Book Versions of Classic Novels Not Fair Use Image

Children Book Versions of Classic Novels Not Fair Use

Vincent Peppe

In 2016, Frederik Colting and Melisa Medina planned to launch a series of 50 children's books, each book summarizing a great novel. They called their colorfully illustrated summaries KinderGuides. In January 2017, the owners of the copyrights to the novels filed a copyright infringement suit against Colting and Medina, resulting in a useful tale for lawyers who advise publishers on either side of such a dispute.

Features

Books Rights Win For Daughter of Steinbeck's Widow Image

Books Rights Win For Daughter of Steinbeck's Widow

Ben Hancock

Susan Kohlmann, managing partner of Jenner & Block's New York office, has secured a shutout win for the stepdaughter of John Steinbeck in the latest installment of a long-running legal feud over book rights that has divided the late author's progeny.

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