Recent Court Views on "Making Available" Controversy in Copyright Infringement
July 01, 2020
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.
Does Insurance Policy Cover Media Office COVID-19 Closure?
July 01, 2020
According to news reports, and judging from the plethora of lawsuits filed seeking insurance coverage for lost income incurred as a result of the COVID-19 pandemic, insurance companies are for the most part denying claims for business interruption losses. The type of insurance claim at issue may make a difference.
Statute of Limitations In Copyright Ownership Disputes: Questions from the Everly Brothers Case
July 01, 2020
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.
Commentary: Claims Filing Time Issues on Copyright Ownership from Everly Bros. Case
July 01, 2020
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.
Counsel Concerns: Ice Cube's Big3 Suit Against League's Lawyers Ends Quietly
July 01, 2020
Three-on-three basketball league Big3, co-owned by hip hop artist and actor Ice Cube, quietly abandoned a lawsuit accusing the law firm Quinn Emanuel Urquhart & Sullivan of putting its lucrative relationship with the Republic of Qatar ahead of its attorney-client obligations to the fledgling sports project.
Recent Court Views on "Making Available" Controversy In Copyright Infringement
July 01, 2020
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.
Defense Counsel Discuss Outcome in Dance Steps Case
July 01, 2020
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.
Bit Parts
July 01, 2020
Right of Publicity Laws Don't Pierce CDA Immunity Shield
Second Circuit Affirms Dismissal of Wolf of Wall Street Defamation Suit
Federal Appeals Courts Weight in On Accruals for Copyright Infringement vs. Ownership Claims
June 01, 2020
The U.S. Copyright Act states that a civil copyright action must be filed within three years of its accrual. How this applies to copyright infringement and to copyright ownership claims, including in the same case, isn't always clear. But two recent federal appeals courts decisions have provided guidance on the differences in accrual for each of these copyright claims.
Davis Wright Forms Entertainment Industry Reopening Advisory Group
June 01, 2020
As millions of Americans turned to television and movies for diversion and comfort amid the coronavirus pandemic and resulting business shutdowns, the companies that create that content were left scratching their heads about how to resume business safely when they are allowed. Davis Wright Tremaine launched a new group in hopes of providing the answers.
