Fox Television Stations, Inc., et al. v. Aereokiller, LLC, et al.: Ninth Circuit Holds FilmOn X Not a “Cable System” Entitled to Compulsory License; Implicates Federal Agency Deference Doctrines
In 2014, the United States Supreme Court, in American Broadcasting Companies v. Aereo, Inc., held that unlicensed re-broadcasts of copyrighted content over the Internet constituted public performances of copyrighted works in violation of content owners’ exclusive rights under the Copyright Act; as part of its discussion, the Court analogized services like Aereo’s to “cable services.” Emboldened
CDAS Wins Fair Use Ruling Over Facebook Livestream Birth Video
In a ruling from the bench, CDAS client Coed Media Group, LLC (“CMG”) succeeded in securing the dismissal of a copyright infringement lawsuit over a news story reporting on a man who live-streamed the birth of his son on Facebook. Plaintiff Kali Kanongataa accused CMG of infringing the copyright in his home movie when CMG
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C‐Corp vs. LLC – Tips for Choosing the Right Entity Structure for Your Business
Congratulations! After months of dreaming about turning your great idea into a real business, you have finally decided to take the plunge and form a company. After doing some initial research, you have decided to form your company as either a C-Corporation (“C-Corp”) or Limited Liability Company (“LLC”) since both entity structures offer personal liability
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: New York State’s Highest Court Finds No Public Performance Right for Pre-1972 Sound Recordings at Common Law
In a case of first impression, New York’s highest court ruled that New York common law does not include a right to control public performances of pre-1972 sound recordings. The ruling arises from a years-long legal battle between The Turtles, the 1960s rock band most famous for the hit song “Happy Together,” and Sirius XM,
CDAS is a Platinum Sponsor of INTA’s 2017 Brands and Fashion Conference
Cowan, DeBaets, Abrahams & Sheppard LLP is proud to be a Platinum Sponsor of INTA’s upcoming “Brands and Fashion” Conference, to be held in NYC March 22-23, 2017. The conference includes two full days of programming covering IP and brand protection strategies, retail trends, issues in advertising, and much more. CDAS is sponsoring the conference
Life is Beautiful, but Trademark Overreach is Not: Attempted Monopolization of Unused Trademarks Costs Mr. Brainwash His Ability to Sue
In a trademark and copyright infringement case brought by Amusement Art, LLC (“Amusement Art”), a company owned by artist Thierry Guetta, most commonly known as Mr. Brainwash, against Life is Beautiful, LLC (“LIB”), a California federal judge ruled that Amusement Art fraudulently utilized the trademark registration system to attempt to secure a monopoly over its
Copyright Termination: A Primer
I. WHAT DOES “COPYRIGHT TERMINATION” MEAN? Copyright termination refers to the termination of a grant—or transfer—of one’s copyright rights. Following termination, those rights that were transferred under the grant return to the creator of the copyrighted work. This termination right allows content creators to renegotiate the terms of their original agreements, or enter into new
Star Trek Fan Fiction Copyright Decision Stuns Usefulness of Summary Judgment on Substantial Similarity for Plaintiffs in Ninth Circuit
On Stardate Tuesday, January 3, 2017, Judge Klausner of the Central District of California filed the Court’s summary judgment decision in Paramount Pictures Corp. v. Axanar Productions, Inc., Case No. 2:15-CV-09938-RGK-E. The ruling, which denied the parties’ dueling motions, is the most important decision for the fictional universe in which Paramount’s Star Trek properties are
Second Circuit Affirms Dismissal of Louis Vuitton Infringement Claims in Parody Tote Bag Lawsuit
The Second Circuit Court of Appeals last week affirmed a district court’s dismissal of luxury brand Louis Vuitton Malletier, S.A.’s suit against My Other Bag, Inc., seller of canvas tote bags featuring the text “My Other Bag…” on one side and drawings meant to evoke luxury handbags on the other.
Negotiating Esports Content Deals: Looking Beyond YouTube
A major trend over the past fifteen years has been the evolution of major sports teams into true media companies. Whereas previously sports teams’ media presence was limited to appearances during live games on broadcast television, today’s top teams, from Real Madrid and Manchester United to the New York Yankees and Dallas Cowboys, are creating