Quirk v. Sony Pictures Entertainment, Inc.: Court “Rushes” to Grant Summary Judgment
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
Ninth Circuit Says “Good Riddance” to Copyright Infringement Lawsuit Against Green Day
The Ninth Circuit recently nixed a street artist’s copyright infringement lawsuit against Green Day, finding that the band’s unauthorized incorporation of the artist’s work, Scream Icon, into its concert video backdrop was sufficiently transformative to be considered a fair use under copyright law. Dereck Seltzer v. Green Day, Inc., et al., Case No. 2:10-cv-02103.
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Seminar Series Event: The Alternative Paradigm for Independent Film
Thanks to all those who attended Monday’s Signature Seminar Series event “The Alternative Paradigm for Independent Film: Emerging Issues for Producers, Financiers and Distributors” hosted by CDAS Partners Frederick Bimber, Susan Bodine and Marc Simon. We’d also like to express our particular appreciation to our panelists Marc Schiller, Molly Thompson and Mark Urman.
“Focus on IP Law: A Conversation with Eleanor M. Lackman, Mary E. Rasenberger, & Nancy Wolff.”
CDAS Partners Eleanor M. Lackman, Nancy E. Wolff and Mary E. Rasenberger are interviewed as part of the Copyright Alliance’s “Focus on IP Law” series. In the interview they discuss their practices, the value of copyright and their work as part of the Copyright Alliance Legal Advisory Board. You can read the interview here.
Fourth Circuit Holds That Clicks May Transfer Copyright: Metropolitan Regional Information Systems, Inc., v. American Home Realty Network, Inc.
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
Update on Networks v. Aereo: Denial of En Banc Review, New Lawsuits Filed, and More
When we last updated you on the status of the Aereo case in the New York federal courts, we reported that on April 1, 2013, a split panel of the Second Circuit had affirmed the New York federal district court’s denial of an injunction against internet television re-broadcaster Aereo, despite a vigorous dissent from Judge
Midnight in Paris: Faulkner Quote Dispute Now In The Past
After reading the book and watching the film at issue, the U.S. District Court for the Northern District of Mississippi granted Sony Picture Classics Inc.’s (“Sony”) motion to dismiss Faulkner Literary Rights, LLC’s (“Faulkner”) copyright infringement action based on a paraphrase of a nine word quote from a William Faulkner’s work in the Woody Allen
Marshall Thompson v. Getty Images: Determining a “Commercial Purpose”
Getty Images successfully defeated a claim by Marshall Thompson, singer and sole living member of the “Chi-Lite”, alleging that the online posting of his photo for possible licensing, was a violation of his right of publicity under Illinois Right of Publicity Act (IRPA), despite a contrary ruling (in a factually similar case) in Illinois in
More Than a Registrar: “Parked Pages” Program Leads Court to Deny Domain Name Registrar GoDaddy.com Safe Harbor Protection from Claims under the Anticybersquatting Consumer Protection Act (ACPA)
On June 21, 2013, a Central District of California court refused to extend ACPA safe harbor protection to popular domain name registrar GoDaddy.com, finding that it intended to profit from the registration and maintenance of various domain names that encompassed plaintiff Academy of Motion Pictures Arts and Sciences’ OSCAR, OSCARS, OSCAR NIGHT, ACADEMY AWARD and
Oprah’s Use of “Own Your Power” Trademark Rebuffed on Appeal
Overturning a lower court decision, the Second Circuit determined, in Kelly-Brown v. Winfrey, that Oprah must defend a trademark infringement lawsuit despite her argument that the trademark fair use doctrine shielded her production company’s use of the slogan “Own Your Power” in connection with its publications and other media offerings.