WNET v. Aereo: Split Appellate Panel Rules That “Remote-Storage DVR” Decision Insulates Provider of Internet Streaming from Liability
On April 1, 2013, the U.S. Court of Appeals for the Second Circuit handed down a 2-1 decision affirming a lower court’s ruling that a broadcast television retransmission system was unlikely to be liable for copyright infringement due to the Second Circuit’s holding in Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121
Tory Burch Sinks Fashion Pirates
Luxury fashion brand Tory Burch scored a victory in the Northern District of Illinois Eastern Division, as the court granted its motions for a temporary restraining order, domain name transfer order and other relief against a syndicate of Chinese counterfeiters selling counterfeit goods across the internet. The unnamed defendants were using hundreds of interactive websites
Columbia Pictures Industries v. Fung: IsoHunt Found Liable for Contributory Infringement
The United States Court of Appeals for the Ninth Circuit substantially affirmed a district court judgment in favor of several film studios in Columbia Pictures Industries v. Fung, holding on March 21st, 2013 that the defendant was liable for contributory copyright infringement because its bittorrent hosting service, known as isoHunt, induced third parties to download
Kirtsaeng v. John Wiley & Sons: Supreme Court Applies First Sale Doctrine to Foreign-published Books Despite Publisher’s Geographic Import Restrictions
In the recent case of Kirtsaeng v. John Wiley & Sons, the Supreme Court held that the first sale doctrine, codified in Section 109(a) of the Copyright Act, applies to copyrighted works manufactured overseas. Kirtsaeng, a Thai national studying mathematics in the United States, made himself thousands of dollars reselling textbooks on eBay that had
Aereo Update: Eleanor M. Lackman Quoted in Law360
CDAS Partner Eleanor M. Lackman was quoted by Law 360 in the wake of the most recent Second Circuit decision in WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc. The Second Circuit’s decision may hold significant repercussions for the cable television industry. Within the article, Eleanor observes that the decision places Aereo in an
Oscilloscope Picks Up Lotfy Nathan’s “12 O’Clock Boys”
Oscilloscope Laboratories announced today that it has acquired all North American rights 12 O’CLOCK BOYS, directed and produced by CDAS Partner Marc H. Simon’s client Lotfy Nathan. The film tells the story of the 12 O’Clock Boys, a notorious urban dirt bike pack in Baltimore. Converging in groups and invading the streets, they dangerously–yet magnificently–make their presence
Associated Press v. Meltwater: Associated Press Scores Significant Copyright Victory
The Associated Press scored a significant victory this past week in a case indicating that the scales may be beginning to tip in favor of content owners in the battle over online copyright infringement. In Associated Press v. Meltwater, the United States District Court for the Southern District of New York granted plaintiff The Associated
Central Park Five: Judge Blocks City’s Subpoena
Renowned documentary filmmaker Ken Burns and his film company, Florentine Films, won a significant legal victory recently as a Magistrate Judge ruled that they do not have to produce unused material from his documentary The Central Park Five to New York City. On February 19, 2013, Magistrate Judge Ronald Ellis ruled that Burns and Florentine
“Wish You Would Step Back From That Ledge (And Sign This) My Friend”
A recent lawsuit between two members of a 1990’s and early aughts alternative rock band whose debut album sold over 6 million copies in the U.S. should open the eyes of new artists to the importance of getting partnership agreements, and not just lyrics, written down on paper.
Effie Film v. Murphy: Second Victory for Emma Thompson Film
In February, we discussed Effie Film, LLC v. Pomerance, in which the Southern District of New York held that the Emma Thompson scripted film Effie did not infringe upon the copyrights in two screenplays by another writer on a similar historical subject. The upcoming film won another victory in the Southern District this week in