Bit Parts
January 31, 2013
Copyright Ownership Issue Properly Sent to Jury<br>1981 Merchandising Royalties Underpayment Claim Can Proceed<br>Replacement Rollers Members' Breach Claim Is Dismissed
Warner Bros. Wins Copyright Battle over Superman
January 31, 2013
O'Melveny & Myers scored a big win for Warner Brothers Entertainment Inc. in January 2013 in the company's ugly copyright battle with the heirs to the creators of Superman. The U.S. Court of Appeals for the Ninth Circuit decided that the heirs of now-deceased Superman co-creator Jerry Siegel signed away their rights to the Man of Steel in a 2001 agreement with Warner Brothers.
Evolving Court Views on Requests for ISP User Identities
January 31, 2013
When copyright suits are instituted over file-sharing infringements that take place over the Internet, the copyright owner may not know much about who the infringers are. Even in the best case, a plaintiff is unlikely to start with much more than an Internet Protocol (IP) address ' the number that identifies a computer or group of computers that may have been used to download or share all or part of an infringing file.
No Substantial Similarity in Photo Used in TV Movie
January 31, 2013
The U.S. Court of Appeals for the First Circuit ruled that two television production companies didn't violate a photographer's copyright when they used an image they created that was similar to his photo ' depicting an imposter, who called himself Clark Rockefeller, and his daughter ' in a made-for-TV movie.
7th Circuit Backs Use of Fan Footage in Joan Rivers Film
January 31, 2013
The U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit by a fan whose 16-second backstage discussion with the comedienne Joan Rivers was included in the documentary <i>Joan Rivers: A Piece of Work</i>.
Valuing a Celebrity's Right of Publicity
January 31, 2013
Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.
Video Privacy Law and Online Services
January 31, 2013
The Video Privacy Protection Act (VPPA), passed by Congress in 1988, has reemerged as consumer video rentals have migrated from brick-and-mortar video stores to online subscription services, or sites that allow digital streaming of TV shows and movies over the Internet.
Internet Memes and Intellectual Property Risks
December 27, 2012
Internet memes ' those attention-getting images, videos, and catchy phrases that whip across the Internet via e-mail and social media ' have long been a part of online culture. But while a corporate strategy of exploiting memes can be highly entertaining and can capture consumers' attention, using these online assets can be risky if intellectual property rights are infringed in their dissemination.
Bit Parts
December 27, 2012
Reality TV Shows May be Substantially Similar<br>Suit Can Proceed Against Sponsor of Planned Awards Show<br>Translation of Russian Agreement Allows Copyright Claim to Be Reinstated
Counsel Concerns
December 27, 2012
Damages Assessed Against Lawyer with Share of Royalty Company for Fraudulent Transfer of Assets<br>No Judicial Estoppel against Law Firm in Malpractice Suit over Multimedia Patents
