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Features

Angry Fed. Judge Throws Out Song Infringement Suit Image

Angry Fed. Judge Throws Out Song Infringement Suit

Celia Ampel

A Miami company's decision to defend a small-potatoes copyright case all the way to trial paid off when the case was dismissed after a few hours — by an angry federal judge.

Features

Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers Image

Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers

J. Alexander Lawrence & Abigail L. Colella

The Fourth Circuit Court of Appeals is gearing up to hear argument in <i>BMG Rights Management v. Cox Communications</i>, one of the first attempts by the music industry to hold an ISP liable for unauthorized peer-to-peer file sharing by its subscribers.

Features

Can Instagram Post of Photo Become Transformative? Image

Can Instagram Post of Photo Become Transformative?

Andrew Denney

An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for "appropriation artist" Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.

Features

Supreme Court Rules on Design of a Useful Article Image

Supreme Court Rules on Design of a Useful Article

Samantha Barber

Fashion, furniture, and other design-oriented companies will take note of the Supreme Court's recent decision in <i>Star Athletica, L.L.C. v. Varsity Brands, Inc.</i>, which resolved a division among the federal circuits on the issue of the separability of designs of useful articles under the Copyright Act.

Features

<i>Decision of Note</i><br>Suit Seeking Public Doman Status for 'Buck Rogers' Can Move Forward Image

<i>Decision of Note</i><br>Suit Seeking Public Doman Status for 'Buck Rogers' Can Move Forward

P.J. D'Annunzio

Team Angry Filmworks' lawsuit seeking public domain status for science fiction hero "Buck Rogers" adventures is set to blast off now that the U.S. District Court for the Western District of Pennsylvania denied a request to dismiss filed by the trust that licenses Rogers material.

Features

<b><i>Online Extra</b></i><br>Free Online Access to Georgia's Legal Code Violates Copyright, Judge Says Image

<b><i>Online Extra</b></i><br>Free Online Access to Georgia's Legal Code Violates Copyright, Judge Says

R. Robin McDonald

One day after a federal judge in Atlanta ruled that the state of Georgia may copyright its official legal code and pursue infringers, a California public records activist who had made Georgia's code available for free to the general public began work on an appeal.

Features

Pre-1972 Recordings Case Against Sirius In GA Hits Spotlight Image

Pre-1972 Recordings Case Against Sirius In GA Hits Spotlight

Katheryn Hayes Tucker & Zack Needles

A few days before the Second Circuit published its decision ordering the dismissal of Flo & Eddie's closely watched class-action lawsuit against Sirius XM Radio over the use by the satellite provider of pre-1972 sound recordings, the Georgia Supreme Court heard arguments in a class action case against iHeartMedia over its use of pre-1972 sound recordings.

Features

New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film Image

New York Court Sees No Fair Use in <i>Star-Trek</i> Inspired Fan Film

Neil J. Rosini & Michael I. Rudell

The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.

Features

Paul McCartney's Suit over Songs' Recapture Rights Image

Paul McCartney's Suit over Songs' Recapture Rights

Stan Soocher & Scott Graham

Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.

Features

Copyright Challenge to 'We Shall Overcome' Proceeds Image

Copyright Challenge to 'We Shall Overcome' Proceeds

Kyle-Beth Hilfer

As 2017 commences, political protest against injustice is as relevant as ever in the United States. At the same time, a lawsuit concerning the copyright rights to the powerful anthem We Shall Overcome may proceed to trial. In November 2016, the case survived a motion to dismiss the copyright infringement claims.

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