Defendants posted articles online without authorization, which articles were from a news journal. Plaintiff brought an action for copyright infringement. The district court dismissed the action because the plaintiff lacked standing, and the Ninth Circuit affirmed because the plaintiff was not the legal or beneficial owner of the copyright under 17 U.S.C. § 501(b). Righthaven LLC […]
U.S. Supreme Court Holds Copyright Not Infringed.
An academic textbook publisher, who often assigns rights to publish its English language textbooks abroad, states in those books that they are not to be taken into the United States without permission. A Thai student moved to the United States to study mathematics. He asked friends and family to purchase copies of textbooks in Thailand, where […]
Court Enjoins Internet Company From Facilitating Downloads Of Copyright-Protected Works.
Defendants maintained websites which film studios plaintiffs contend facilitated internet users to download copyright-protected works. A federal district court issued an injunction based upon “contributory copyright infringement.” The trial court also held defendants were not entitled to any of the safe harbor provisions contained in the Digital Millennium Copyright Act [DMCA; 17 USC § 512]. The […]
No Copyright Infringement Over A Seven-Second Clip From The Ed Sullivan Show.
At the end of the first act of the musical Jersey Boys, a seven second clip from the old Ed Sullivan show is shown on a screen. The clip was used without permission of the holder of the license who brought an action for copyright infringement. The musical’s production company claimed their use of the clip amounted to […]
Ninth Circuit Relaxes Standard For Personal Jurisdiction Based On Internet Postings.
The Ninth Circuit, in opinions written by Judge William Fletcher, made it easier to subject defendants to local jurisdiction based on activities on the internet. In CollegeSource, Inc. v. AcademyOne, Inc. (Ninth Cir.; August 8, 2011) 653 F.3d 1066, [2011 DJDAR 11896], defendant, a Pennsylvania corporation posted material collected by plaintiff on its website. Defendant […]
Summary Judgment Affirmed-No Valid Transfer Of Copyright.
The author of a work called The Match was also the owner of a copyright for the work. The lawyer for an entertainment agency proposed certain terms to the lawyer for the copyright owner and sent a writing: “Let me know if this is okay and we’ll send paperwork.” The lawyer for the owner of […]
Laches Applied In Copyright Claim Based On Retired Boxer Jake La Motta In Raging Bull.
Works were registered with the Copyright Office in 1976 and assigned to a production company and then acquired by MGM who used them to make the film Raging Bull based on the life of a retired boxer, Jake LaMotta. Plaintiff acquired the renewal rights in the works and renewed the copyrights in 1991. In 2009, […]