In Neri v. Monroe, 11-CV-429-SLC, 2014 WL 793336 (W.D. Wis. Feb. 26, 2014), the Western District of Washington smashed the hopes of a glass artist by sharply dismissing a pro se copyright action she brought against a design firm, among others, who displayed photos of an entrance hall of a private residence which incorporated her

A recent decision from the U.S. Court of Appeals for the Third Circuit clarifies when the countdown starts for authors hoping to bring a declaratory judgment claim for joint authorship under the Copyright Act.  In Brownstein v. Lindsay, the Third Circuit held that an authorship claim arises and accrues when a plaintiff’s status as an

A change to New York labor law regulations (Part 186) may have onerous implications for photographers and the stock photography industry who shoot child models  As of November 22, 2013, “print and runway” models are now included among the artistic or creative services that require a permit when using child performers. Previously, the regulations only

The U.S. District Court for the Southern District of New York granted summary judgment in favor of a film financier based upon statute of frauds and bona fide purchase defenses in McDonald v. Brown. The Southern District’s decision provides reassurance to parties who obtain rights to creative projects without knowledge of prior legal claims, and

Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc. This spring, the U.S. Supreme Court will hear arguments in a case that could have significant impacts on several segments of the television industry. While it may seem unusual that a dispute centered on dime-sized antennas would capture the attention of the high

The drama continues to unfold in the world of Internet retransmission of broadcast TV.  As we reported here, the Second Circuit on July 16 denied en banc rehearing of its holding that internet re-broadcaster Aereo did not violate TV networks’ public performance rights, despite vigorous dissents from Judges Chin and Wesley.  On September 5, the U.S.

On September 6, 2013, the Second Circuit narrowed the potential venues for asserting copyright infringement cases when it affirmed the Eastern District of New York’s dismissal of Troma Entertainment’s copyright infringement lawsuit against California residents Lance H. Robbins and King Brett Lauter for lack of personal jurisdiction (decision here). Defendants Robbins and Lauter had allegedly

A federal court in Washington gave some “Peace of Mind” to former members of legendary rock band Boston when it denied Boston’s band leader a preliminary injunction in a trademark dispute.  Plaintiff Donald Thomas Scholz (“Scholz”) is the founder and band leader of Boston, and undisputed owner of all of Boston’s trademarks.  Fran Migliaccio and

In Quirk v. Sony Pictures Entertainment, Inc., the Northern District of California granted summary judgment in favor of movie studio Sony Pictures and its co-defendants. In determining that author Joe Quirk had failed to show a genuine issue as to any material fact as to copyright infringement or implied-in-fact contract claims arising from a motion picture

On July 19th, 2013, the Fourth Circuit held for the first time that copyright interests can be transferred electronically under Section 204 (a) of the Copyright Act. The Fourth Circuit’s decision adds to a growing body of law suggesting that an electronic “click” or “tap” can constitute a “signed writing” for purposes of transferring copyright