Subscribe: LexisNexis® Mealey's™ Copyright Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_copyright.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
appeals  circuit court  circuit  court appeals  court  dist lexis  federal judge  federal  infringement  judge  lexis  new york 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Copyright Legal News

LexisNexis® Mealey's™ Copyright Legal News



Headline Copyright Legal News from LexisNexis®



 



New York Federal Judge Dismisses Declaratory Judgment Copyright Case
NEW YORK - In an April 17 ruling, a New York federal judge rejected a request by a plaintiff for intentional interference with contractual relations damages in connection with enforcement efforts by the agent for BMG Rights Management US LLC (Windstream Services LLC v. BMG Rights Management US LLC and Rightscorp Inc., No. 16-5015, S.D. N.Y., 2017 U.S. Dist. LEXIS 58204).



Wisconsin Federal Judge Denies Motion Mid-Trial In Copyright Case
MADISON, Wis. - An infringement plaintiff's motion for judgment as a matter of law (JMOL) on a defendant's assertion that two sets of copyrighted illustrations constitute a joint work was denied April 18 by a Wisconsin federal judge (Amy Lee Sullivan v. Flora Inc., No. 15-298, W.D. Wis., 2017 U.S. Dist. LEXIS 58774).



Claims In Trade Secrets Suit Substantially Survive Dismissal Motion
NEWARK, N.J. - A federal judge in New Jersey on April 17 substantially denied a motion to dismiss filed by defendants in a copyright infringement and misappropriation of trade secrets lawsuit, ruling that a company has properly pleaded its claims against a majority of the defendants in the action (Jorgensen & Co. v. Gary Sutherland, et al., No. 15-7373, D. N.J., 2017 U.S. Dist. LEXIS 59108).



Defaulting Web Host To Pay $62,624 In Damages, Fees On Copyright Claims
NEW YORK - A New York federal magistrate judge on April 21 recommended that a photographer be awarded $10,000 for each of five images infringed by web host Lycos Inc. - far less than the statutory maximum of $150,000 per infringed work originally sought in the case (Leif Skoogfors v. Lycos Inc., No. 16-2742, S.D. N.Y., 2017 U.S. Dist. LEXIS 61926).



New Legislation Proposes Changes To Register Of Copyrights Position
WASHINGTON, D.C. - A bill that would render the Register of Copyrights a presidential appointment subject to confirmation by the U.S. Senate was passed by a bipartisan U.S. House of Representatives on April 26 in a 378 to 48 vote.



Bill Tackles Transmission Of Sound Recordings Over Terrestrial Stations
WASHINGTON, D.C. - U.S. Rep. Darrell Issa, R-Calif., on April 5 introduced a bill aimed at restoring broadcasting rights to copyright owners whose songs are transmitted by terrestrial radio stations.



9th Circuit Affirms: Publicity Rights Claim Preempted By Copyright
SAN FRANCISCO - An order that granted a special motion to strike a common-law right of publicity claim pursuant to California's anti-SLAPP statute was not erroneous because the claims are preempted by Section 301 of the federal Copyright Act, 17 U.S.C. 101 et seq., the Ninth Circuit U.S. Court of Appeals ruled April 5 (Patrick Maloney, et al. v. T3Media Inc., No. 15-55630, 9th Cir., 2017 U.S. App. LEXIS 5894).



California Federal Judge Sides With Copyright Infringement Defendant
LOS ANGELES - On the heels of a March 9 recommendation by a California federal magistrate judge that a copyright infringement plaintiff should be sanctioned for failure to comply with a discovery order, a California federal judge on March 31 granted a defendant partial summary judgment with regard to 11 of 12 allegedly infringing fabric designs (Urban Textile v. Rue 21 Inc. and Mark Edwards Apparel Inc., No. 14-8285, C.D. Calif., 2017 U.S. Dist. LEXIS 49573).



9th Circuit Sides With Copyright Plaintiff In Fabric Design Case
SAN FRANCISCO - Where two works share an extrinsic similarity so strong that the works are near duplicates, district courts may properly conclude that no reasonable juror could find a lack of substantial similarity in the works' overall concept and feel, the Ninth Circuit U.S. Court of Appeals ruled April 3 (Unicolors Inc. v. Urban Outfitters Inc., No. 15-55507, 9th Cir., 2017 U.S. App. LEXIS 5675).



California Federal Judge: Concert Performances Not Part Of Copyright Claim
LOS ANGELES - Pop singer Katy Perry on April 3 prevailed in a dispute over her song "Dark Horse," when a California federal judge agreed that Perry's public performance of the work at concerts during her "Prismatic World Tour" cannot, at the summary judgment stage, form the basis of a copyright infringement claim (Marcus Gray, et al. v. Katy Perry, et al., No. 15-5642, C.D. Calif., 2017 U.S. Dist. LEXIS 50803).



Ohio Federal Judge Partly Grants Judgment In Architectural Design Case
CLEVELAND - A declaratory judgment plaintiff-franchisee prevailed in part on its request for summary judgment on April 12, when an Ohio federal judge agreed that there is no direct evidence that it infringed copyrighted architectural works and that the copyright owner failed to demonstrate substantial similarity (Robert L. Stark Enterprises Inc. v. Neptune Design Group LLC, No. 16-264, N.D. Ohio; 2017 U.S. Dist. LEXIS 55951).



9th Circuit Reverses Safe-Harbor Holding In Web Copyright Case
SAN FRANCISCO - Findings by a California federal judge that a copyright infringement defendant social media platform is entitled to safe-harbor immunity under Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. 512(c), were reversed and remanded April 7 by the Ninth Circuit U.S. Court of Appeals (Mavrix Photographs LLC v. LiveJournal Inc., No. 14-56956, 9th Cir.; 2017 U.S. App. LEXIS 6028).



New York Federal Judge Largely Sides With Amazon In Copyright Case
BROOKLYN, N.Y. - Citing the views of the U.S. Copyright Office, a New York federal judge on April 8 found that if a plaintiff's ambient songs are ultimately adjudged to be the same musical works as non-ambient songs, Amazon.com Inc. is not required to serve a copyright owner with additional notices of intent (NOIs) to obtain compulsory licenses (Yesh Music LLC, et al. v. Amazon.com Inc., et al., No. 16-1406, E.D. N.Y., 2017 U.S. Dist. LEXIS 54417).



Megaupload Executives Ask High Court To Hear Foreign Asset Forfeiture Case
WASHINGTON, D.C. - In an April 7 petition for certiorari, former executives with now-defunct file-sharing service Megaupload ask the U.S. Supreme Court to hear arguments over the U.S. government's application of laws governing the forfeiture of foreign-held assets by those deemed to be fugitives avoiding prosecution, arguing that their assets were wrongly seized in conjunction with a novel, untested theory of criminal copyright infringement (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



HBO Tells 9th Circuit 'Ballers' Copyright Suit Was Properly Dismissed
SAN FRANCISCO - Home Box Office Inc. (HBO) and others connected with the television show "Ballers" argue in an April 3 Ninth Circuit U.S. Court of Appeals appellee brief that the series is not substantially similar to a copyrighted work of two California writers, seeking affirmance of a trial court order dismissing the infringement suit (Everette Silas, et al. v. Home Box Office Inc., et al., No. 16-56215, 9th Cir.).



Usenet Provider Opposes 9th Circuit Rehearing Over Vicarious Liability
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel correctly found that it was not liable for its users' posting of copyrighted adult pictures, a usenet service provider asserts in an April 10 brief opposing an adult entertainment firm's petition for rehearing, arguing that the panel applied the correct standard for determining vicarious liability (Perfect 10 Inc. v. Giganews Inc., et al., No. 15-55500, 15-55523 and 15-56026, 9th Cir.).



Amici Urge 9th Circuit To Maintain Vicarious Copyright Liability Standard
PASADENA, Calif. - In an April 17 amicus curiae brief in the Ninth Circuit U.S. Court of Appeals, four internet and technology organizations oppose an adult entertainment firm's bid for rehearing its copyright infringement suit against a usenet provider, arguing that the existing panel ruling identified the proper causal connection standard for determining vicarious liability in online and technological contexts (Perfect 10 Inc. v. Giganews Inc., et al., No. 15-55500, 15-55523 and 15-56026, 9th Cir.).



Songwriter Appeals Sony's Attorney Fees Award In Copyright Suit To 1st Circuit
BOSTON - Despite rulings against him by a trial court and an appeals panel, a musician argues in an April 13 brief to the First Circuit U.S. Court of Appeals that Sony Corporation of America was improperly awarded attorney fees because it did not prevail on the underlying copyright infringement claims since the prior rulings deferred adjudication on the merits to an arbitrator (Luis Adrian Cortes-Ramos v. Sony Corporation of America, et al., No. 16-2441, 1st Cir.).



Divided Supreme Court Clarifies Separability Test In Copyright Case
WASHINGTON, D.C. - In divided decision, the U.S. Supreme Court on March 22 ruled that a feature incorporated into the design of a useful article is eligible for copyright protection when the feature can be perceived as a two- or three-dimensional work of art separate from the useful article and would qualify on its own or in some other tangible medium as a protectable pictorial, graphic or sculptural work (Star Athletica, LLC v. Varsity Brands, Inc., et al., No. 15-866, U.S. Sup.).



Supreme Court Declines To Hear Case On DMCA Safe Harbor For Pre-1972 Recordings
WASHINGTON, D.C. - The Second Circuit U.S. Court of Appeals' finding that Digital Millennium Copyright Act (DMCA) safe-harbor provisions apply to pre-1972 recordings will stand, as the U.S. Supreme Court on March 27 denied a group of record labels' petition for certiorari in their dispute with an online video-sharing service that they accused of infringing their copyrighted works (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup., 2017 U.S. LEXIS 2055).



TV Networks Prevail Before 9th Circuit In Copyright Case
SAN FRANCISCO - A service that captures copyrighted works broadcast over the air for online retransmission to paying subscribers without the consent of a copyright holder is not eligible for the compulsory license for "cable systems" provided for in Section 111 of the Copyright Act, 17 U.S.C. 101 et seq., the Ninth Circuit U.S. Court of Appeals ruled March 21 (Fox Television Stations Inc., et al. v. Aereokiller LLC, No. 15-56420, 9th Cir., 2017 U.S. App. LEXIS 4999).



5th Circuit: Contributory Copyright Claim Barred In Seismic Data Dispute
NEW ORLEANS - In a ruling issued March 10, the Fifth Circuit U.S. Court of Appeals found that the inapplicability of the Copyright Act, 17 U.S.C. 101 et seq., to extraterritorial conduct bars a contributory infringement claim when it is based upon the domestic authorization of entirely extraterritorial conduct (Geophysical Services Incorporated v. TGS-Nopec Geophysical Services, No. 15-20706, 5th Cir., 2017 U.S. App. LEXIS 4286).



9th Circuit Reinstates $450,000 Damage Award For Copyright Plaintiff
SAN FRANCISCO - A decision by jurors to award a sculptor $450,000 in actual damages stemming from the creation of seven knock-off sculptures was reinstated by the Ninth Circuit U.S. Court of Appeals on March 6 (Donald Wakefield v. Igor Olenicoff, No. 15-55649, 9th Cir., 2017 U.S. App. LEXIS 3953).



VR Companies File Post-Verdict Motions In Trade Secrets Suit
DALLAS - Two virtual reality (VR) technology companies asked a federal judge in Texas on Feb. 23 to issue a permanent injunction and a monetary judgment in their favor after a jury found that four defendants - including Facebook Inc. - violated the terms of a nondisclosure agreement and engaged in false designation in connection with their use of the companies' proprietary information to develop certain VR technology (ZeniMax Media Inc., et al. v. Oculus VR Inc., et al., No. 14-cv-1849, N.D. Texas, Dallas Div.).



Ohio Magistrate Won't Exclude Evidence As Sanction In Copyright Case
CLEVELAND - A copyright infringement plaintiff's request that evidence of expenses, deductions or allocations be excluded from the calculation of damages in connection with a defendant's alleged discovery abuses was denied March 7 by an Ohio federal magistrate judge (Design Basics LLC v. Petros Homes Inc., et al., No. 14-1966, N.D. Ohio, 2017 U.S. Dist. LEXIS 32066).



California Federal Judge Denies Cross-Motions On Copyright First-Sale Defense
SAN FRANCISCO - Competing motions for summary judgment on whether licensing agreements asserted in a third amended complaint (TAC) establish that disputed software is subject to the first-sale defense to allegations of copyright infringement were denied March 14 by a California federal judge (Microsoft Corp. v. A&S Electronics Inc., No. 15-3570, N.D. Calif., 2017 U.S. Dist. LEXIS 36477).



Oklahoma Federal Judge Weighs In On Copyright Dispute Over Registrations
OKLAHOMA CITY - Allegations that a licensee exceed the terms of its license to use various photographs of its own equipment and property will proceed, in light of a March 10 ruling by an Oklahoma federal judge which denied, in part, a motion for summary judgment (David McNeese v. Access Midstream Partners LP, No. 14-503, W.D. Okla.; 2017 U.S. Dist. LEXIS 34538).



5th Circuit: Volitional Conduct Needed For Direct Copyright Infringement
NEW ORLEANS - A Texas federal judge did not err in granting a defendant summary judgment on the question of direct copyright infringement because the judge properly found an absence of volitional conduct, the Fifth Circuit U.S. Court of Appeals ruled March 27 (BWP Media USA, et al. v. T&S Software Associates, No. 16-10510, 5th Cir., 2017 U.S. App. LEXIS 5340).



Indiana Federal Judge Says Copyright Claims Not Time-Barred
FORT WAYNE, Ind. - Efforts by a copyright infringement defendant to obtain summary judgment were unsuccessful on March 24 when an Indiana federal judge found that the U.S. Supreme Court's ruling in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), did not change the Seventh Circuit U.S. Court of Appeals' "discovery rule" for determining when an allegation of infringement has accrued (Design Basics LLC v. Westport Homes of Fort Wayne Inc., et al., No. 16-170, N.D. Ind., 2017 U.S. Dist. LEXIS 43060).



Panel: Architect Did Not Have 'Deemed Allowed' Claim That Constitutes Res Judicata
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 24 denied an architect's appeal seeking to reverse a ruling in favor of a home builder's insurer in a breach of contract dispute arising from an underlying $63,471,000 copyright infringement dispute, rejecting the architect's argument that an unobjected-to proof of claim in a bankruptcy case should be allowed and should become a final judgment when the bankruptcy case is closed (Kipp Flores Architects, LLC v. Mid-Continent Casualty Co., No. 16-20255, 5th Cir., 2017 U.S. App. LEXIS 5241).



Magistrate Criticizes Discovery Responses In Copyright Case, Scolds Entire District
NEW YORK - In a Feb. 28 ruling, a New York federal magistrate judge not only found a copyright and trademark defendant's discovery responses to be noncompliant with Federal Rule of Civil Procedure 34, he also took the opportunity to criticize attorneys throughout the district for continually failing to comply with December 2015 amendments to the rule (James H. Fischer v. Stephen T. Forrest Jr., et al., No. 1:14-cv-01304 and 1:14-cv-01307, S.D. N.Y., 2017 U.S. Dist. LEXIS 28102).



Manufacturer Asks Supreme Court To Decide If Copyright Act Preempts State Law Claim
WASHINGTON, D.C. - A manufacturer of butterfly valves on March 8 petitioned the U.S. Supreme Court to answer whether Section 301(a) of the Copyright Act preempts state law claims relating to ideas expressed in tangible media (Ultraflo Corp. v. Pelican Tank Parts Inc., et al., No. 16-1085, U.S. Sup.).



Musician Asks High Court To Decide Claim Preclusion Use In Copyright Lawsuit
WASHINGTON, D.C. - A musician in a Feb. 20 petition for writ of certiorari asks the U.S. Supreme Court to answer if "claim preclusion, a non-statutory defense is available without restriction to bar all remedies for civil copyright claims filed within the three-year statute of limitations prescribed by Congress, [17 U.S. Code Section 507(b)], 17 U.S.C. § 507(b)" (Syl Johnson v. UMG Recordings Inc., et al., No. 16-1052, U.S. Sup.).



Record Labels Say Split Exists On If DMCA Immunity Applies For Pre-1972 Sound Recordings
WASHINGTON, D.C. - There is a split between federal and state courts on whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA), 17 U.S. Code Section 512(c), provides for internet service providers also apply to sound recordings from before 1972, record labels argue in their March 7 reply brief with the U.S. Supreme Court (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup.).



Accused File-Sharer Calls Declaratory Judgment Counterclaim Useful
CINCINNATI - Even though a copyright holder dismissed its infringement claim against him, a man accused of downloading adult movies tells the Sixth Circuit U.S. Court of Appeals in a March 10 reply brief that his declaratory judgment counterclaim should proceed because a continued threat of liability exists (Malibu Media LLC v. David Ricupero, No. 16-3628, 6th Cir.).



Software Support Firm Appeals $41.2M Jury Verdict In Oracle Copyright Suit
SAN FRANCISCO - Appealing a $41.2 million jury verdict in a copyright infringement suit, a software support company argues in a March 10 reply brief to the Ninth Circuit U.S. Court of Appeals that licenses by Oracle USA Inc. "expressly authorize third-party support and the copies necessary to provide it" and that it was authorized access to download support materials (Oracle USA Inc., et al. v. Rimini Street Inc. and Seth Ravin, Nos. 16-16-832 & 16-16905, 9th Cir.).



Washington Federal Jury: Zillow Infringed Copyrights, Owes $8.2 Million
SEATTLE - Following an eight-day trial, a Washington federal jury on Feb. 9 deemed Zillow Inc. a direct and contributory infringer of 28,125 images belonging to a photography studio (VHT Inc. v. Zillow Group Inc., No. 15-1096, W.D. Wash.).



2nd Circuit Remands Dispute Over Pre-1972 Works, Orders Dismissal
NEW YORK - A December 2016 holding by the New York Court of Appeals that there is no right of public performance for creators of pre-1972 sound recordings under New York common law is determinative of claims that the subscription radio service Sirius XM Radio Inc. committed copyright infringement, the Second Circuit U.S. Court of Appeals ruled Feb. 16 (Flo & Eddie Inc. v. Sirius XM Radio Inc., No. 15-1164, 2nd Cir., Court, 2017 U.S. App. LEXIS 2770).



Sua Sponte Rejection Of Copyright Claims Reversed By 9th Circuit
SAN FRANCISCO - A decision by a California federal judge to grant, sua sponte, summary judgment on behalf of myriad fashion industry defendants accused of infringing copyrighted textile designs was reversed by the Ninth Circuit U.S. Court of Appeals on Feb. 15 (Acmet Inc. v. The Wet Seal Inc., et al., No. 15-55928, 9th Cir., 2017 U.S. App. LEXIS 2682).



California Federal Judge: Plaintiff Not Barred From Calling Products Similar
LOS ANGELES - A defense motion in limine seeking to prevent a plaintiff from referring to an allegedly infringing jewelry line as "similar" to a jewelry line made by the plaintiff was denied Feb. 6 by a California federal judge (Brighton Collectibles LLC v. Believe Production Inc., No. 15-579, C.D. Calif., 2017 U.S. Dist. LEXIS 16594).



9th Circuit: Computer Program Copyright Does Not Extend To Program Output
SAN FRANCISCO - A California federal judge properly rejected claims by the owner of a copyrighted computer-aided design (CAD) program that its copyright extends to images and files produced by the program, the Ninth Circuit U.S. Court of Appeals ruled Feb. 9 (Design Data Corp. v. Unigate Enterprise Inc., et al., Nos. 14-16701, No. 14-17317, 9th. Cir., 2017 U.S. App. LEXIS 2333).



New York Federal Judge Denies Effort To Add Copyright Claim
NEW YORK - International Business Machines (IBM) Corp. on Feb. 6 won summary judgment on allegations that it committed breach of contract and breach of the duty of good faith and fair dealing; in the same ruling, a New York federal judge agreed with a New York federal magistrate judge that the plaintiff in the case should not be granted leave to add a claim of copyright infringement against IBM (MPI Tech A/S v. International Business Machines Corporation, No. 15-4891, S.D. N.Y., 2017 U.S. Dist. LEXIS 16432).



District Of Columbia Federal Judge Awards $3 Million In Copyright Case
WASHINGTON, D.C. - Following a December ruling that Poland's national public television broadcasting company committed copyright infringement, a District of Columbia federal judge on Feb. 14 ordered the defendant to pay $3.06 million in damages (Spanski Enterprises Inc. v. Telewizja Polska S.A., No. 12-957, D. D.C, 2017 U.S. Dist. LEXIS 20465).



Judge Dismisses Software Diagnostic Hacking Claims For Lack Of Jurisdiction
DETROIT- A Michigan federal judge on Feb. 13 granted a motion filed by the CEO of an electronic company and a Chinese corporation to dismiss claims for copyright infringement and trade secret misappropriation, finding that the court lacked jurisdiction over them because their conduct did not constitute purposeful availment (Ford Motor Co., et al. v. Autel Us Inc., et al., No. 14-13760, E.D. Mich., 2017 U.S. Dist. LEXIS 19595).



New York Magistrate Judge: Deny Sanctions In Copyright, Trademark Case
NEW YORK - A request for sanctions pursuant to 28 U.S.C. 1927 by a prevailing copyright and trade dress infringement defendant should be denied, according to a Feb. 13 ruling by a New York federal magistrate judge, who found that plaintiff's counsel did not commit fraud upon by failing to quickly correct perjured depositions (Crown Awards Inc. v. Trophy Depot Inc., No. 15-1178, S.D. N.Y., 2017 U.S. Dist. LEXIS 20393).



Utah Federal Judge: No Copyright Preemption On Conspiracy Claim
SALT LAKE CITY - Allegations that a counterclaim defendant interfered with a counterclaimant's contractual rights and prospective business relations are sufficient to defeat the counterclaim defendant's effort to invoke copyright preemption, a Utah federal judge ruled Feb. 21 (Advanced Recovery Systems LLC v. American Agencies LLC, No. 13-283, D. Utah, 2017 U.S. Dist. LEXIS 24001).



California Federal Magistrate Denies Motion To Compel In Pokemon Copyright Case
SAN FRANCISCO - A Canadian cloud-based e-commerce platform will not need to respond to a subpoena sought by The Pokemon Company International Inc. in connection with Pokemon's allegations a retailer committed copyright infringement, a California federal magistrate judge ruled Feb. 22 (The Pokemon Company International Inc. v. Shopify Inc., No. 16-80272, N.D. Calif., 2017 U.S. Dist. LEXIS 24987).



Home Builders: High Court Should Deny Review Of Intervest In Copyright Suit
WASHINGTON, D.C. - In a dispute over an architectural floor plan, home builders in a Feb. 6 brief respond that the U.S. Supreme Court should not consider whether Intervest Construction Inc. v. Canterbury Estate Homes Inc. should be overruled because architectural works are protectable under the Copyright Act but that protection is limited by statute (Home Design Services Inc. v. Turner Heritage Homes Inc., et al., No. 16-858, U.S. Sup.).



Oracle Appeals Java Fair Use Ruling To Federal Circuit In Google Copyright Suit
WASHINGTON, D.C. - In a Feb. 10 appellant brief in the Federal Circuit U.S. Court of Appeals, Oracle America Inc. asserts error in a trial court's finding that Google Inc.'s copying of certain elements of its Java technology constituted fair use, arguing that the court failed to consider Google's misrepresentations and harm to the Java market (Oracle America Inc. v. Google Inc., No. 17-1118 and 17-1202, Fed. Cir.).



Video-Streaming Firm's Filtering Service Violates DMCA, Studios Tell 9th Circuit
SAN FRANCISCO - Several movie studios tell the Ninth Circuit U.S. Court of Appeals in a Feb. 8 appellee brief that a video-streaming service provider blatantly violated the Digital Millennium Copyright Act (DMCA) by circumventing the technological protection measures (TPMs) on DVD and Blu-ray copies of their movies to offer edited versions to customers, also arguing that the defendant's defenses under the Family Movie Act (FMA) are incompatible with that statute's purposes (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).



University, Publishers Argue Fair Use In Electronic Works Posting In 11th Circuit
ATLANTA - On the second appeal regarding the alleged copyright infringement of educational materials by electronic posting of their excerpts by Georgia State University (GSU) faculty, the university argues in a Feb. 6 appellee brief that a trial court judge correctly determined fair use of the works at issue by finding that the postings had not led to market substitution of the works (Cambridge University Press, et al. v. Georgia State University, et al., No. 16-15726, 11th Cir.).



Amicus Curiae Filers Support Supreme Court Review Of Intervest In Copyright Suit
WASHINGTON, D.C. - In a dispute over an architectural floor plan, amicus curiae filers who are involved in the development, creation and marketing of "architectural works" in a Feb. 6 brief argue in support of the U.S. Supreme Court considering a petition to decide if Intervest Construction Inc. v. Canterbury Estate Homes Inc. should be overruled in light of conflicting precedent from other appellate courts, which hold that architectural works are entitled to the same protection as other copyrightable, original works under the Federal Copyright Act (Home Design Services Inc. v. Turner Heritage Homes Inc., et al., No. 16-858, U.S. Sup.).



Video-Sharing Site Opposes Review On DMCA Immunity For Pre-1972 Sound Recordings
WASHINGTON, D.C. - A video-sharing website argues in a Feb. 16 opposition brief that the U.S. Supreme Court should not decide whether the safe harbor protections from copyright infringement liability that the Digital Millennium Copyright Act (DMCA), 17 U.S. Code Section 512(c), provides for internet service providers apply to sound recordings from before 1972 (Capitol Records LLC, et al. v. Vimeo LLC, et al., No. 16-771, U.S. Sup.).



VidAngel Tells 9th Circuit Studios Do Not Have Exclusive Streaming Rights
SAN FRANCISCO - Defending its right to stream "filtered" copies of movies for its customers in a Feb. 22 reply brief in the Ninth Circuit U.S. Court of Appeals, VidAngel Inc. argues that it has not violated any of the movie studio plaintiffs' exclusive rights under the Copyright Act (Disney Enterprises Inc., et al. v. VidAngel Inc., No. 16-56843, 9th Cir.).