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Covering major verdicts and appellate decisions in the copyright arena
By Mike Mullen and Matthew G. Miller | August 2, 2023
Federal courts, when evaluating cases pertaining to businesses that operate within the cannabis industry, must grapple with what is known as the "illegality doctrine." This doctrine states that courts will not assist a party in recovering "fruits of a crime," and thus cannabis owners in violation of the Controlled Substances Act (CSA) may be denied redress in federal courts.
7 minute read
By Riley Brennan | July 27, 2023
This complaint was first surfaced by Law.com Radar.
5 minute read
By Alaina Lancaster | July 24, 2023
The 26-page ruling aligns with similar opinions from the Second, Fourth and Tenth Circuits that found so-called "contributory infringement" requires willful and specific knowledge of the violation.
5 minute read
By Thomas Kjellberg and Robert W. Clarida | July 24, 2023
A discussion of 'Finch v. Casey' concerning 99 songs co-written by Richard Finch and Harry Wayne Casey—aka KC—while they were members of KC & The Sunshine Band in the 1970s. The case is "one of only a handful of cases touching on the interplay between the Copyright Act's statute of limitations, and its termination-of-transfer provisions."
9 minute read
By Avalon Zoppo | July 17, 2023
The appellate court panel will not have "the final word" on social media embedding, an intellectual property professor says.
4 minute read
By Jonathan Bick | July 11, 2023
The primary legal difficulty associated with AI training is the acquisition and use of training data without the consent of the owner of said training data.
6 minute read
By Dyan Finguerra-DuCharme and Nicholas Saady | July 11, 2023
Despite the uncertainty raised by the recent SCOTUS decision in Abitron v. Hetronic International, it sends a clear message to rights owners (whether they be businesses, brands or individuals): obtain and enforce your trademark rights on a global basis because the Lanham Act does not "rule the world."
8 minute read
By Riley Brennan | July 10, 2023
Comedian and actress Sarah Silverman, novelist Richard Kadrey, and horror writer Christopher Golden filed the class action complaint in the U.S. District Court for the Northern District of California against OpenAI and Meta Platforms for direct copyright infringement, vicarious copyright infringement, violations of 17 U.S.C. Section 1202(b) of the Digital Millennium Copyright Act, unjust enrichment, violations of the California and common law unfair competition laws, and negligence.
5 minute read
By Matthew Romano | July 5, 2023
The U.S. Court of Appeals for the First Circuit recently upheld a district court's decision, ruling that the prevailing defendants, Hasbro and Klamer, were not entitled to attorney fees in a copyright lawsuit from Markham Concepts regarding "The Game of Life."
4 minute read
By Allison Dunn | July 3, 2023
This complaint was first surfaced by Law.com Radar.
4 minute read
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