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LexisNexis® Mealey's™ Copyright Legal News



Headline Copyright Legal News from LexisNexis®



 



Federal Circuit Sides With Oracle, Orders New Trial On Copyright Damages
WASHINGTON, D.C. - A California federal judge erroneously denied Oracle America Inc. judgment as a matter of law (JMOL) with regard to Google Inc.'s invocation of fair use as a defense to Oracle's claims of copyright infringement, the Federal Circuit U.S. Court of Appeals ruled March 27 (Oracle America Inc. v. Google Inc., Nos. 17-1118, -1202, Fed. Cir.).



Divided 9th Circuit Sides With Gaye's Children In 'Blurred Lines' Copyright Case
SAN FRANCISCO - In a March 21 ruling, a divided Ninth Circuit U.S. Court of Appeals largely affirmed a California federal judge's handling of a high-profile copyright dispute involving the 2013 hit song "Blurred Lines" and Marvin Gaye's "Got To Give It Up," which the panel agreed was infringed (Pharrell Williams, et al. v. Frankie Christian Gaye, et al., No. 15-56880, 16-55089 and 16-55626, 9th Cir.).



D.C. Circuit: Foreign Broadcasters Can Be Held Liable Under Copyright Act
WASHINGTON, D.C. - In a March 2 ruling, the District of Columbia U.S. Circuit Court of Appeals in what it deemed a question of first impression affirmed findings by a District of Columbia federal judge that the owner of a foreign website, acting abroad, commits an infringing "performance" under the Copyright Act when it uploads copyrighted video content for on-demand viewing in the United States (Spanski Enterprises Inc. v. Telewizja Polska S.A., No. 17-7051, D.C. Cir., 2018 U.S. App. LEXIS 5331).



11th Circuit Upholds Dismissal Of Karaoke Company's Lanham Act Case
ATLANTA - The 11th Circuit U.S. Court of Appeals on March 13 found that a karaoke disc jockey's display of the "Sound Choice" service mark as part of his karaoke accompaniment tracks is unlikely to confuse consumers into believing that the DJ is associated or affiliated with the mark owner (Phoenix Entertainment Partners LLC v. Casey Road Food and Beverage LLC, et al., No. 17-13043, 11th Cir., 2018 U.S. App. LEXIS 6486).



Split Judgment Issued In Authors' Copyright, Online Defamation Suit
SALT LAKE CITY - An author whose novel was copied by another author was granted summary judgment on the matter of copyright infringement liability in a March 9 ruling; however, a Utah federal judge found that online postings and comments about the plaintiff constituted unactionable opinion, granting judgment to the defendant on defamation claims (Rachel Nunes v. Tiffanie Rushton, No. 2:14-cv-00627, D. Utah, 2018 U.S. Dist. LEXIS 39380).



Trade Secret, Trademark And Copyright Claims Survive Dismissal Motions
DETROIT - Ford Motor Co. has shown that its competitor and its U.S. distributor in the automobile diagnostics industry stole certain of its trade secret and copyrighted source code and used the information to reverse-engineer its competing diagnostic tools in violation of state and federal law and illegally used Ford's trademarked logos in the process, a federal judge in Michigan ruled Feb. 26 in denying the defendants' motions to dismiss (Ford Motor Co. v. Launch Tech Co. Ltd., No. 17-12906, E.D. Mich., 2018 U.S. Dist. LEXIS 29923).



2nd Circuit: FedEx Did Not Infringe Materials Covered By Public License
NEW YORK - Allegations that FedEx Office and Print Services Inc. committed infringement when it reproduced various copyrighted works at the request of school district licensees for noncommercial purposes were properly dismissed, the Second Circuit U.S. Court of Appeals ruled March 21 (Great Minds v FedEx Office and Print Services Inc., No. 17-808, 2nd Cir., 2018 U.S. App. LEXIS 7035).



11th Circuit Confirms Res Judicata Ruling In Copyright, Lanham Act Case
ATLANTA - A decision by a Florida federal judge to dismiss, on res judicata grounds, allegations of copyright infringement and violations of the Lanham Act, 15 U.S.C. 1125 et seq., was not erroneous, the 11th Circuit U.S. Court of Appeals ruled March 22 (Eric Ferrier v. James V. Atria, No. 17-11261, 11th Cir., 2018 U.S. App. LEXIS 7467).



Federal Trade Secret Misappropriation Claim Found To Be Insufficient
SAN FRANCISCO - A software company has failed to provide sufficient detail to show that its competitor and several former employees violated the Defend Trade Secrets Act (DTSA) by misappropriating its trade secret information to get its competing product to market before the company, a federal judge in California ruled March 23 in granting in part a defendant's motion to dismiss (Vendavo Inc. v. Price f[x] AG, et al., No. 17-6930, N.D. Calif., 2018 U.S. Dist. LEXIS 48637).



Sony Prevails Before 9th Circuit In Copyright Dispute Over 'Elysium'
SAN FRANCISCO - Finding no error in a California federal judge's determination that a plaintiff failed to establish access by Sony Pictures Entertainment Inc. to an allegedly infringed screenplay, the Ninth Circuit U.S. Court of Appeals on March 1 affirmed summary judgment in favor of the film studio (Steve K. Wilson Briggs v. Sony Pictures Entertainment Inc., et al., No. 14-17175, 9th Cir., 2018 U.S. App. LEXIS 5243).



Rehearing Request In Oracle, Rimini Street Copyright Case Denied
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals announced March 2 that it will not revisit a January 2018 ruling that a third-party software support company infringed Oracle USA Inc.'s copyrights when it relied on a single customer license to service other unlicensed customers, rejecting the software support company's assertion of a circuit split on the question of whether nontaxable costs are authorized by the Copyright Act, 17 U.S.C. 505 (Oracle USA Inc., et al. v. Rimini Street Inc., et al., Nos. 16-16832 & 16-16905, 9th Cir., 2018 U.S. App. LEXIS 5514).



9th Circuit Partly Reverses Dismissal In Dispute Over Copyrighted Software
SAN FRANCISCO - Allegations that a Dutch company committed copyright infringement when it continued to use a licensor's software after the parties' agreement expired were improperly dismissed on grounds of lacking personal jurisdiction, the Ninth Circuit U.S. Court of Appeals ruled March 13 (DEX Systems Inc. v. Deutsch Post AG, et al., No. 16-56044, 9th Cir., 2018 U.S. App. LEXIS 6231).



New York Federal Judge Won't Reconsider Jurisdiction Ruling In Counterfeiting Case
NEW YORK - A Texas-based website accused of infringing the copyrights and trademarks of textbook maker McGraw-Hill Global Education Holdings LLC and others was denied reconsideration on March 5 of an earlier ruling that rejected the website's assertion of lacking personal jurisdiction (McGraw-Hill Global Education Holdings LLC, et al., v. Mehul Mathrani, et al., No. 16-8530, S.D. N.Y., 2018 U.S. Dist. LEXIS 35541).



9th Circuit Upholds Judgment, Denial Of Fees In Copyright Dispute
SAN FRANCISCO - A California federal judge did not err in finding that the owner and operator of a website that posts pornographic pictures and video clips qualified for the safe harbor defense set forth in the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c), because the infringing material was posted online at the direction of users and the copyright holder failed to establish a genuine issue of fact as to actual knowledge, a divided Ninth Circuit U.S. Court of Appeals ruled March 14 (Ventura Content Ltd. v. Motherless Inc., et al., Nos. 13-56332, -56970, 9th Cir., 2018 U.S. App. LEXIS 6307).



McGraw-Hill Tells High Court Photo Licensor Lacks Standing To Bring Copyright Suit
WASHINGTON, D.C. - In a March 13 opposition brief, McGraw-Hill Global Education Holdings LLC asks the U.S. Supreme Court to deny a photo licensor's petition for certiorari, arguing that lower courts correctly found that the petitioner's nonexclusive licenses with photographers did not create standing to pursue copyright infringement claims over the licensed pictures (DRK Photo v. McGraw-Hill Global Education Holdings LLC, et al., No. 17-1170, U.S. Sup.).



Copyright, Contract Issues Argued In High Court Architectural Design Dispute
WASHINGTON, D.C. - With the filing of a March 7 reply, briefing concluded in the petition stage of an appeal to the U.S. Supreme Court in which a restaurant owner and an architectural firm debate the application of the Architectural Works Copyright Protection Act (AWCPA) in a dispute over whether an implied license permitted the purported use of copyrighted architectural plans after the plan designer's involvement with a construction project ended (Frost-Tsuji Architects v. Highway Inn Inc., et al., No. 17-1025, U.S. Sup.).



Fair Use Of Dr. Seuss' 'Grinch' By Playwright Debated In 2nd Circuit
NEW YORK - In a March 26 reply brief, Dr. Seuss Enterprises L.P. (DSE), which holds the rights to all of Dr. Seuss' works, tells the Second Circuit U.S. Court of Appeals that a New York playwright's use of elements from "How the Grinch Stole Christmas!" in a purported parody infringed the famous children's author's copyrights and did not constitute fair use (Matthew Lombardo, et al. v. Dr. Seuss Enterprises L.P., No. 17-2952, 2nd Cir.).



Media-Monitoring Service Seeks Rehearing Of Fair Use Ruling For Fox News
NEW YORK - Less than a month after a Second Circuit U.S. Court of Appeals panel found its online media-monitoring service to not be fair use and, thus, infringing of Fox News Network LLC's copyrighted content, TVEyes Inc. on March 20 petitioned the court for rehearing en banc, seeking reconsideration of the panel's market harm analysis (Fox News Network LLC v. TVEyes Inc., No. 15-3885, 2nd Cir.).



2nd Circuit Deems Online Media-Monitoring Service To Not Be Fair Use
NEW YORK - Although a Second Circuit U.S. Court of Appeals panel majority on Feb. 27 found certain functions of a web-based media monitoring and archiving service to be somewhat transformative, the service's effect on the potential market for Fox News Network LLC to offer a similar service defeated the service provider's fair use defense against copyright infringement claims, the majority ruled (Fox News Network LLC v. TVEyes Inc., No. 15-3885, 2nd Cir., 2018 U.S. App. LEXIS 4786).



Copyright Claims Against Nike Properly Dismissed, 9th Circuit Rules
SAN FRANCISCO - An Oregon federal judge did not err in dismissing allegations that Nike Inc. infringed a copyrighted photograph of Michael Jordan when it commissioned its own photograph of Jordan in a similar pose, according to a Feb. 27 decision by the Ninth Circuit U.S. Court of Appeals (Jacobus Rentmeester v. Nike Inc., No. 15-35509, 9th Cir., 2018 U.S. App. LEXIS 4817).



Divided 2nd Circuit: Assignment Did Not Confer Standing In Copyright Case
NEW YORK - Allegations that John Wiley & Sons Inc. exceeded the terms of its license to use certain photographs in textbooks and other educational materials were properly rejected on summary judgment because the plaintiff in the action - a purported assignee of the photographers' rights to sue - lacks standing to maintain an infringement action, a divided Second Circuit U.S. Court of Appeals ruled Feb. 16 (John Wiley & Sons Inc. v. DRK Photo, No. 15-1134, 2nd Cir., 2018 U.S. App. LEXIS 3758).



New York Federal Judge Denies Attorney Fee Award In Copyright Case
NEW YORK - A voluntary dismissal by a copyright infringement plaintiff two months after filing suit did not render a defendant in the action a prevailing party, a New York federal judge ruled Feb. 22 (Matthew McDermott v. Monday Monday LLC, No. 17-9230, S.D. N.Y., 2018 U.S. Dist. LEXIS 28664).



Costs Awarded In New York Copyright Case; Judge Says Both Sides Unreasonable
ALBANY, N.Y. - A New York federal judge on Feb. 7 awarded two prevailing copyright infringement defendants $38,247.89 in costs but deferred a ruling on the amount of attorney fees to be reimbursed and instead ordered additional briefing (Universal Instruments Corporation v. Micro Systems Engineering Inc., No. 13-831, N.D. N.Y., 2018 U.S. Dist. LEXIS 19662).



9th Circuit Affirms Dismissal Of 'Ballers' Copyright Case Against HBO
SAN FRANCISCO - In a Feb. 22 memorandum, the Ninth Circuit U.S. Court of Appeals ruled that a California federal judge did not abuse his discretion in taking judicial notice of the actual accused episodes of "Ballers" when assessing the merits of a copyright infringement action involving the HBO series (Everette Silas, et al. v. Home Box Office Inc., et al., No. 16-56215, 9th Cir., 2018 U.S. App. LEXIS 4417).



Efforts To Save Lee Statue With Copyright Claim Fail In Texas Federal Court
DALLAS - In a Feb. 7 ruling, a Texas federal judge rejected an attempt to prevent the city of Dallas from removing a statue of Gen. Robert E. Lee from city property on grounds that the removal would constitute copyright infringement (Hiram Patterson, et al. v. Mike Rawlings, No. 17-2361, N.D. Texas, 2018 U.S. Dist. LEXIS 19873).



Judge Refuses To Grant Preliminary Injunction In Dispute Over Infringement Claims
SYRACUSE, N.Y. - A New York federal judge on Feb. 21 denied a manufacturer insured's motion for a preliminary injunction seeking to require an insurer to pay its defense in an underlying copyright, trademark and patent infringement lawsuit brought by GoPro Inc. (360Heros, Inc. v. Mainstreet America Assurance Company, No. 17-549, N.D. N.Y., 2018 U.S. Dist. LEXIS 27443).



Judge Refuses To Dismiss Support Wear Maker's UCL, Infringement Claims
SAN FRANCISCO - A California federal judge on Feb. 15 denied a maternity wear company's motion for judgment on the pleadings, finding that it would be premature to dismiss another company's claims for trademark infringement and that its claim for violation of California's unfair competition law (UCL) was not preempted (Blanqi LLC v. Bao Bei Maternity, et al., No. 3:17-cv-05759, N.D. Calif., 2018 U.S. Dist. LEXIS 26069).



Plaintiff Partly Prevails In New York Copyright Dispute Over Embedded Tweets
NEW YORK - Breitbart News Network, Time Inc. and other online publishers were dealt a blow Feb. 15 when a New York federal judge ruled that tweets embedded in news stories can form the basis of a copyright infringement claim (Justin Goldman v. Breitbart News Network Inc., et al., No. 17-3144, S.D. N.Y., 2018 U.S. Dist. LEXIS 25215).



9th Circuit: Dolphin Drawing Is An Unprotectable Idea 1st Found In Nature
SAN FRANCISCO - A California federal judge properly granted a defendant summary judgment on allegations that a pen and ink depiction of two dolphins crossing underwater was infringed, the Ninth Circuit U.S. Court of Appeals ruled Feb. 2 (Peter A. Folkens v. Wyland Worldwide LLC, et al., No. 16-15882, 9th Cir., 2018 U.S. App. LEXIS 2768).



2nd Circuit Affirms: Forum Non Conveniens Dooms Copyright Claim
NEW YORK - In a summary order released Feb. 26, the Second Circuit U.S. Court of Appeals agreed with a New York federal judge that Singapore is the proper forum for adjudicating allegations of copyright infringement stemming from the unauthorized display of photographs by Singapore resident Lee Kar Yin (The Wave Studio LLC v. General Hotel Management Ltd., et al., No. 17-1018, 2nd Cir., 2018 U.S. App. LEXIS 4596).



Kentucky Federal Judge Denies Universal Music Bid To Dismiss Copyright Case
LOUISVILLE, Ky. - Assertions by Universal Music Group Inc. that personal jurisdiction over it is lacking in Kentucky were rejected Feb. 13 by a Kentucky federal judge, who instead ruled that the copyright case against the music publisher can proceed for now (Leroy Mitchell v. Capitol Records LLC, et al., No. 15-174, W.D. Ky., 2018 U.S. Dist. LEXIS 23351).



VidAngel Defends UCL, Antitrust Claims Against Studios To 9th Circuit
SAN FRANCISCO - In its third appeal to the Ninth Circuit U.S. Court of Appeals in a copyright dispute with several movie studios, video-filtering service provider VidAngel Inc. argues in a Feb. 12 brief that a trial court improperly dismissed its counterclaims under the Sherman Act and California's unfair competition law (UCL), despite its ample pleadings of the studios' collusive actions (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 17-56665, 9th Cir.).



Composer's Assignee Tells 2nd Circuit Italian Film Scores Were Not Works For Hire
NEW YORK - Arguing about differences in Italian and U.S. copyright law, a composer's copyright assignee tells the Second Circuit U.S. Court of Appeals in a Feb. 14 brief that a trial court incorrectly concluded that film scores written on commission in Italy are equivalent to works for hire in the United States (Ennio Morricone Music Inc. v. Bixio Music Group Ltd., No. 17-3595, 2nd Cir.).



Photo Licensor Asserts Standing To Bring Copyright Suit To Supreme Court
WASHINGTON, D.C. - In a Feb. 2 petition for certiorari, a licensor of stock photos asks the U.S. Supreme Court to review the standards by which a copyright assignee may sue for infringement on behalf of the copyright holder (DRK Photo v. McGraw-Hill Global Education Holdings LLC, et al., No. 17-1170, U.S. Sup.).



Jay-Z Asks 2nd Circuit To Affirm Dismissal Of Logo Copyright Suit
NEW YORK - Shawn Carter, better known as rapper Jay-Z, and related parties ask the Second Circuit U.S. Court of Appeals in a Feb. 20 brief to affirm a trial court's disposal of a Bronx man's copyright infringement and contract related to his purported designing of a logo more than 20 years ago, citing a lack of evidence and timeliness (Dwayne D. Walker, Jr. v. Shawn Carter, et al., No. 17-2483, 2nd Cir.).



4th Circuit: Contributory Copyright Infringement Requires Proof Of Willful Blindness
RICHMOND, Va. - In a Feb. 1 ruling, the Fourth Circuit U.S. Court of Appeals upheld a Virginia federal judge's determination that two internet service providers (ISPs) are not entitled to a safe-harbor defense to allegations of contributory copyright infringement, but vacated and reversed a jury's $25 million statutory damage award upon finding that jurors were presented with erroneous instructions (BMG Rights Management [US] LLC, et al. v. Cox Communications Inc., et al., No. 16-1972, 17-1352 and 17-1353, 4th Cir., 2018 U.S. App. LEXIS 2487).



9th Circuit Partly Affirms, Partly Reverses In Oracle, Rimini Copyright Case
SAN FRANCISCO - In a Jan. 8 decision, the Ninth Circuit U.S. Court of Appeals upheld a Nevada federal judge's determination that a third-party software support company committed copyright infringement when it relied on a license granted to one customer to copy software from the Oracle USA Inc. website to provide services to other customers who had no such license (Oracle USA Inc., et al. v. Rimini Street Inc., et al., Nos. 16-16-832 & 16-16905, 9th Cir., 2018 U.S. App. LEXIS 463).



Government Stance On Registration Vs. Application Sought By Supreme Court
WASHINGTON, D.C. - In its Jan. 8 orders list, the U.S. Supreme Court moved one step closer to resolving a circuit split on whether a copyright infringement lawsuit may commence only upon receipt of a copyright registration or earlier, when an application for copyright is filed (Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC, et al., No. 17-571, U.S. Sup.).



5th Circuit Affirms: Assignment Extinguishes Standing In Copyright Case
NEW ORLEANS - A Texas federal judge did not err in dismissing, on standing grounds, counterclaims of copyright infringement by various Tejano recording artists, the Fifth Circuit U.S. Court of Appeals ruled Jan. 4 (Hacienda Records L.P. v. Ruben Ramos, et al., No. 16-41180, 5th Cir., 2018 U.S. App. LEXIS 211).



Kansas Federal Judge Won't Refer Case To Register Of Copyrights
KANSAS CITY, Kan. - In a Jan. 17 ruling, a Kansas federal judge denied a motion to refer to the Register of Copyrights allegations by an infringement defendant that a copyright registration for the Oil Daily publications is invalid (Energy Intelligence Group Inc., et al., v. CHS McPherson Refinery Inc., No. 16-1015, D. Kan., 2018 U.S. Dist. LEXIS 7048).



California Federal Judge Orders YouTube, Google To Show Cause For Removal
LOS ANGELES - A recent removal by YouTube LLC and Google Inc. of a purported copyright action to California federal court and subsequent request for dismissal prompted a California federal judge on Jan. 22 to enter an order to show cause for why the case should not be returned to Los Angeles County Superior Court (Akiko Kijimoto v. YouTube LLC, et al., No. 17-8184, C.D. Calif., 2018 U.S. Dist. LEXIS 9918).



Fee Award Recommended In Copyright Dispute Over Beatles Footage
NEW YORK - In a Jan. 25 report and recommendation, a New York federal magistrate judge found that a copyright infringement dispute over footage of the Beatles performing at Shea Stadium in 1965 was unreasonable (Sid Bernstein Presents LLC v. Apple Corps Limited, et al., No. 16-7084, S.D. N.Y., 2018 U.S. Dist. LEXIS 13335).



10-Year MP3tunes Copyright Suit Settles For $39 Million
NEW YORK - A New York federal judge on Jan. 26 approved an agreement and consent judgment, settling a decade-long copyright infringement lawsuit brought by a group of record labels and music publishers against the founder of now-defunct online music-sharing service MP3tunes LLC, assessing an agreed-upon $39 million judgment against the defendant and adjourning the case (Capitol Records LLC, et al. v. MP3tunes LLC, et al., No. 1:07-cv-09931, S.D. N.Y.).



U2 Wins Dismissal Of New York Copyright Dispute Over Guitar Solo
NEW YORK - A composer and musician's allegation that the band U2 infringed his copyright during a guitar solo on the song "The Fly" is both "vague and sweeping," a New York federal judge ruled Jan. 30 (Paul Rose v. Paul David Hewson, p/k/a Bono, et al., No. 17-1471, S.D. N.Y., 2018 U.S. Dist. LEXIS 14840).



BitTorrent Copyright Case Rejected In Oregon On Standing Grounds
PORTLAND, Ore. - The author of the screenplay for the motion picture "Fathers & Daughters" is not the "legal owner" of the film, with standing to sue for infringement, because the exclusive rights to the work were transferred in a license granted within a distribution agreement, an Oregon federal judge ruled Jan. 17 (Fathers & Daughters Nevada LLC v. Lingfu Zhang, No. 16-1443, D. Ore., 2018 U.S. Dist. LEXIS 7435).



Counterclaim Of Copyright Invalidity Stricken As Redundant By Federal Judge
CHICAGO - A counterclaim seeking a declaration of copyright invalidity is "unnecessary" in light of affirmative defenses of fair use, first sale, acquiescence and license raised in response to allegations of copyright infringement, an Illinois federal judge ruled Jan. 23 (Maui Jim Inc. v. SmartBuyGlasses Optical Limited, No. 16-9788, N.D. Ill., 2018 U.S. Dist. LEXIS 10093).



Insurer Has No Duty To Pay For Independent Counsel In Copyright Suit, Panel Says
CHICAGO - An Illinois appeals panel on Jan. 22 affirmed a lower court's ruling that a commercial general liability insurer has no obligation to reimburse its insured for more than $16,000 in independent counsel fees incurred in an underlying copyright infringement dispute, rejecting the insured's contention that a conflict of interest entitled it to independent counsel (Bean Products, Inc. v. Scottsdale Insurance Co., No. 1-17-0421, Ill. App., 1st Dist., Div. 1, 2018 Ill. App. Unpub. LEXIS 89).



Fair Use Finding In Copyright Case Appealed By Dr. Seuss Enterprises
NEW YORK - In a Dec. 21 appellant brief to the Second Circuit U.S. Court of Appeals, Dr. Seuss Enterprises L.P. (DSE) - owner of the rights to the Dr. Seuss literary works - argues that a New York federal judge erred in deeming a play featuring the popular Seuss character Cindy-Lou Who a fair use of DSE's "How the Grinch Stole Christmas" copyright (Matthew Lombardo, et al. v. Dr. Seuss Enterprises L.P., No. 17-2952, 2nd Cir.).



Jay-Z, Others Erroneously Prevailed In Copyright Case, Appellant Tells 2nd Circuit
NEW YORK - Claims of copyright infringement surrounding the "Roc-A-Fella" logo should have proceeded but were instead disposed of on summary judgment, the alleged creator of the logo told the Second Circuit U.S. Court of Appeals on Nov. 20 (Dwayne D. Walker, Jr. v. Shawn Carter, et al., No. 17-2483, 2nd Cir.).



Oksana Baiul Petitions High Court Over Copyright Act Preemption
WASHINGTON, D.C. - In a Jan. 22 petition for certiorari, Olympic figure skater Oksana Baiul asks the U.S. Supreme Court to consider whether the complete preemption doctrine of Section 301 of the Copyright Act can be applied to state law claims that merely touch on copyright law (Oksana Baiul, et al. v. NBC Sports, et al., No. 17-1033, U.S. Sup.).



Architectural Firm Seeks Review Of Copyright Law Protecting Building Designs
WASHINGTON, D.C. - In a Jan. 19 petition for certiorari, an architectural firm asks the U.S. Supreme Court to review the rights and affections provided to authors of architectural works under the Architectural Works Copyright Protection Act (AWCPA), asserting that lower court rulings failed to enforce its rights by finding that a former client had an implied license in disputed design plans (Frost-Tsuji Architects v. Highway Inn Inc., et al., No. 17-1025, U.S. Sup.).