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Preview: LexisNexis® Mealey's™ Copyright Legal News

LexisNexis® Mealey's™ Copyright Legal News



Headline Copyright Legal News from LexisNexis®



 



Supreme Court Denies Certiorari In Dancing Baby Copyright Case
WASHINGTON, D.C. - Following a May amicus brief from the U.S. government urging that certiorari be denied in a longstanding copyright dispute over a viral video, the U.S. Supreme Court on June 19 indicated that it will not hear the case (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Supreme Court Denies Certiorari In Copyright Preemption Case
WASHINGTON, D.C. - In its June 19 orders list the U.S. Supreme Court announced that it will not review a Fifth Circuit U.S. Court of Appeals holding that Section 301(a) of the Copyright Act, 17 U.S.C. 301(a), 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.).



High Court Denies MP3Tunes Founder's Jurisdictional Challenge In Copyright Suit
WASHINGTON, D.C. - In its June 19 order list, the U.S. Supreme Court denied a petition for certiorari by the founder of now-defunct online music-sharing service MP3Tunes LLC, who argued that neither he nor his former company had sufficient contacts with New York to establish personal jurisdiction over him in a copyright infringement lawsuit brought by a group of record labels (Michael Robertson v. EMI Christian Music Group, et al., No. 16-1227, U.S. Sup., 2017 U.S. LEXIS 3969).



7th Circuit Affirms: House Plans Dissimilar, Access Not Proven
CHICAGO - A Wisconsin federal judge did not err in granting a copyright infringement defendant summary judgment in connection with allegations that it infringed four copyrighted house designs, the Seventh Circuit U.S. Court of Appeals ruled June 6 (Design Basics LLC v. Lexington Homes, Inc., No. 16-3817, 7th Cir., 2017 U.S. App. LEXIS 9985).



Copyright Defendant Zillow Partly Prevails Following Adverse $8.2 Million Verdict
SEATTLE - Jurors who in February deemed Zillow Inc. an infringer of 28,125 copyrighted images did not hear sufficient evidence from which to conclude that Zillow failed to take "simple measures" to remove the works from its "Zillow Digs" mobile app, a Washington federal judge ruled June 20 (VHT Inc. v. Zillow Group Inc., No. 15-1096, W.D. Wash.; 2017 U.S. Dist. LEXIS 95010).



9th Circuit Upholds Copyright, Trademark Judgment And Award
SAN FRANCISCO - A $1.95 million statutory damage award issued in favor of copyright and trademark infringement plaintiff Microsoft Corp. will stand, in light of a June 27 ruling by the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Buy More Inc., et al., No. 15-56544, 9th Cir., 2017 U.S. App. LEXIS 11454).



No Irreparable Harm Showing Leads To Denial Of Injunction In Trade Secrets Suit
WEST PALM BEACH, Fla. - A software company has failed to show that it will suffer irreparable harm unless an injunction is issued preventing defendants in a misappropriation of trade secrets and copyright infringement lawsuit from continuing to misappropriate the company's confidential and proprietary information a federal judge in Florida ruled June 12 in denying the company's motion for preliminary injunction (Compulife Software Inc. v. Moses Newman, et al., No. 16-81942, S.D. Fla., 2017 U.S. Dist. LEXIS 89674).



Illinois Federal Judge: State Law Claims Are Preempted By Copyright Act
CHICAGO - Allegations by the heir of songwriter Calvin Carter that various music publishers committed contributory and vicarious copyright infringement by licensing to third parties the performance rights to Carter's work will proceed, an Illinois federal judge ruled June 9 (Tollie Carter v. ARC/Conrad Music LLC, et al., No. 16-6786, N.D. Ill., 2017 U.S. Dist. LEXIS 88509).



Texas Magistrate Judge Primarily Rejects Effort To Dismiss Copyright Claims
AUSTIN, Texas - Allegations by a stock photography agency that McGraw-Hill Global Education Holdings LLC and McGraw-Hill School Education Holdings LLC (McGraw-Hill, collectively) exceeded the scope of their license to use certain photographs in textbooks and other publications should largely proceed, a Texas federal magistrate judge ruled June 12 (Bob Daemmrich Photography Inc. v. McGraw-Hill Global Education Holdings LLC, et al., No. 15-1098, W.D. Texas, 2017 U.S. Dist. LEXIS 89550).



New York Federal Judge Rejects Bid For Dismissal Of Copyright Claims
NEW YORK - Efforts by Justin Timberlake and other defendants to dismiss a request for copyright infringement damages occurring before Feb. 17, 2013, were denied June 13 by a New York federal judge (PK Music Performance Inc. v. Justin Timberlake, et al., No. 16-1215, S.D. N.Y., 2017 U.S. Dist. LEXIS 90562).



Copyright Claim Over Reposted Skyline Photo Dismissed Against Government Official
INDIANAPOLIS - A photographer failed to establish any individual liability against the director of a government agency related to the unauthorized posting of a copyrighted photograph, an Indiana federal judge ruled June 12, granting dismissal of infringement and unfair competition claims against the official (Richard N. Bell v. David N. Powell, et al., No. 1:16-cv-02491, S.D. Ind., 2017 U.S. Dist. LEXIS 89587).



Federal Judge Refuses To Transfer Coverage Suit Over Intellectual Property Claims
SEATTLE - A Washington federal judge on June 13 denied a general liability insurer's motion to transfer the venue of an insured's lawsuit seeking coverage for underlying claims that it violated Microsoft Inc.'s intellectual property rights and committed wrongful business practices (TekVisions Inc. v. The Hartford Casualty Insurance Co., No. 16-1946, W.D. Wash., 2017 U.S. Dist. LEXIS 91583).



Professional Services Exclusion Does Not Apply, Federal Judge Reiterates
CHICAGO - An Illinois federal judge on June 21 denied insurers' motion to reconsider an earlier ruling that a professional services exclusion does not apply to bar coverage for an underlying lawsuit alleging that a consulting company insured conspired with a competitor's former employee to use the competitor's copyrighted material and other confidential information (Caveo, LLC v. Citizens Insurance Company of America, Inc., et al., No. 15-6200, N.D. Ill., 2017 U.S. Dist. LEXIS 95432).



DOJ Defends Seizing Of Foreign Megaupload Assets To Supreme Court
WASHINGTON, D.C. - In a June 7 brief in the U.S. Supreme Court, the U.S. Department of Justice (DOJ) opposes a petition for certiorari by former executives of the now-defunct file-sharing service Megaupload, arguing that a trial court properly deemed them fugitives and ordered seizure of their foreign-held assets in accordance with the Civil Asset Forfeiture Reform Act (CAFRA) (Finn Batato, et al. v. United States of America, No. 16-1206, U.S. Sup.).



YouTube User Says High Court Review Of DMCA Fair Use Is Needed
WASHINGTON, D.C. - In a May 19 supplemental brief in the U.S. Supreme Court, filed in response to an amicus curiae brief filed by the U.S. government, a woman whose video was removed from YouTube for purported copyright violation, argues that her petition for certiorari should be granted to ensure that the safe harbor parameters of the Digital Millennium Copyright Act (DMCA), such as fair use, "are properly construed" (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Vacating Of Fees, Sanctions In Copyright Suit Over Film Appealed To 2nd Circuit
NEW YORK - In a June 16 appellant brief to the Second Circuit U.S. Court of Appeals, a film production firm argues that a trial court's remand order, which vacated a previous award of attorney fees and sanctions against a director and his attorney in a copyright dispute over a short film, was based on a misinterpretation of an earlier Second Circuit ruling that had recommended reconsideration of just a small portion of the award (16 Casa Duse LLC v. Alex Merkin, et al., No. 17-0625, 2nd Cir.).



California Federal Judge: Jokes Entitled To 'Thin' Copyright Protection
SAN DIEGO - Conan O'Brien and myriad other defendants associated with the "Conan" show on May 12 won a partial summary judgment that various copyrighted jokes O'Brien allegedly infringed are entitled only to "thin" protection, but in the same ruling, a California federal judge denied O'Brien summary judgment with regard to willfulness (Robert Alexander Kaseberg v. Conan O'Brien, et al., No. 15-1637, S.D. Calif., 2017 U.S. Dist. LEXIS 72921).



Federal Circuit: Patent, Copyright, Trademark Claims Properly Rejected
WASHINGTON, D.C. - A Washington federal judge did not err in rejecting allegations that Amazon.com Inc. infringes the intellectual property of others through its online marketplace and "Fulfillment by Amazon" service, the Federal Circuit U.S. Court of Appeals ruled May 23 (Milo & Gabby LLC, et al. v. Amazon.com Inc., No. 16-1290, Fed. Cir., 2017 U.S. App. LEXIS 8932).



11th Circuit Weighs In On Copyright Registration Requirement
ATLANTA - In a May 18 ruling, the 11th Circuit U.S. Court of Appeals concluded that copyright registration occurs when the Register of Copyrights registers a work, and not merely when an application for a registration is filed (Fourth Estate Public Benefit Corporation v. Wall-Street.com LLC, No. 16-13726, 11th Cir., 2017 U.S. App. LEXIS 8766).



Indiana Federal Judge Dismisses Copyright Claims Over Educational Program
FORT WAYNE, Ind. - Citing the existence of "many deficiencies" in a complaint for contributory copyright infringement, an Indiana federal judge on May 22 dismissed the action in a dispute over the "Transitioning Into Responsible Students" (TIRS) educational program (Angela Brooks-Ngwenya v. Bart Peterson, et al., No. 16-193, N.D. Ind., 2017 U.S. Dist. LEXIS 77007).



Warner Bros. Wins Dismissal Of Copyright Claims Over Show Song
LOS ANGELES - A California federal judge on May 1 agreed with Warner Bros. Entertainment and a co-defendant that a request for statutory damages and attorney fees stemming from the excerpted use of a copyrighted song in the intro to the show "Lucifer" fails as a matter of law because the work in question was unpublished at the time it was first used (Robert J. Marderosian, et al. v. Warner Bros. Entertainment, et al., No. 17-1062, C.D. Calif., 2017 U.S. Dist. LEXIS 66173).



Copyright, Lanham Act Claims Partly Dismissed In Dispute Over Bobblehead
SAN DIEGO - Allegations that the sellers of a Hillary Clinton bobblehead doll committed false advertising by falsely claiming an association with the Trump organization fail to plead proximate causation because the claims lack evidence of lost sales or reputational damage, a California federal judge ruled May 8 (Bobbleheads.com LLC v. Wright Brothers Inc., et al., No. 16-2790, S.D. Calif., 2017 U.S. Dist. LEXIS 70050).



Artist's Wife's Testimony Excluded As Unreliable In Copyright Infringement Case
ATLANTA - A restaurant owner was awarded summary judgment in Georgia federal court on May 18 on an artist's copyright infringement claims over a drawing he did of the restaurant, with the artist also losing his bid to have his wife testify as an expert witness (Floyd Anthony Fey v. Panacea Management Group LLC, et al., No. 1:16-cv-2851, N.D. Ga., 2017 U.S. Dist. LEXIS 75637).



New York Federal Judge Sides With Copyright Defendants In Music Row
NEW YORK - Myriad copyright infringement defendants won a summary judgment on May 30 from a New York federal judge that any liability for their appropriation of a spoken-word criticism of non-jazz music is barred by the doctrine of fair use (The Estate of James Oscar Smith, et al. v. Cash Money Records Inc., No. 14-2703, S.D. N.Y., 2017 U.S. Dist. LEXIS 82240).



Defendants Win Summary Judgment In Copyright Dispute Over Photographs
NASHVILLE, Tenn. - A student and his college accused of copyright infringement in connection with an assignment that made use of stock photography are entitled to summary judgment, a Tennessee federal judge ruled April 28 (TC Reiner v. Ryon Nishimori, et al., No. 15-241, M.D. Tenn., 2017 U.S. Dist. LEXIS 65070).



Trademark, Copyright Defendants Awarded $922,309 In Attorney Fees
LOS ANGELES - A trademark and copyright dispute over the phrase "Life is Beautiful" rejected on summary judgment due to a lack of similarity and a plaintiff's unclean hands yielded a $922,309 attorney fee award on May 23 by a California federal judge (Amusement Art LLC v. Life is Beautiful LLC, et al., No. 14-8290, C.D. Calif., 2017 U.S. Dist. LEXIS 79135).



Pennsylvania Federal Judge Won't Reconsider Copyright Ruling
HARRISBURG, Pa. - Efforts by a defendant to secure reconsideration of a March order that adopted a Pennsylvania federal magistrate judge's recommendation to deny summary judgment on a copyright infringement claim were unsuccessful on May 1 (Crestwood Membranes Inc. d/b/a i2M v. Constant Services Inc., No. 15-537, M.D. Pa., 2017 U.S. Dist. LEXIS 66105).



Judge Overrules Plaintiff's Objections To Order In Trade Secrets Suit
HOUSTON - A federal judge in Texas on May 2 overruled objections filed by a plaintiff in a misappropriation of trade secrets lawsuit in response to a federal magistrate judge's order allowing defendants to view certain confidential expert reports, finding that the plaintiff failed to show that the order was "clearly erroneous or is contrary to law" (Dresser-Rand Co. v. Schutte & Koerting Acquisition Co., et al., No. 12-184, S.D. Texas, 2017 U.S. Dist. LEXIS 66424).



New York Federal Judge Retains Jurisdiction Over Copyright, Trademark Case
NEW YORK - Efforts by a defendant to obtain dismissal for lack of jurisdiction and improper venue of allegations that it infringed copyrighted and trademarked fine jewelry designs were rejected May 4 by a New York federal judge, who found that personal jurisdiction exists in the case (Verragio Inc. v. SK Diamonds, No. 16-6931, S.D. N.Y., 2017 U.S. Dist. LEXIS 68422).



Panel Affirms Ruling In Insurer's Favor In Copyright Infringement Coverage Suit
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 2 affirmed a lower federal court's ruling in favor of an insurer in coverage dispute arising from underlying copyright infringement claims, finding that the insured failed to connect its construction of copyright-infringing homes to its advertising (Highlands Holdings Inc. v. Mid-Continent Casualty Co., No. 16-14981, 11th Cir., 2017 U.S. App. LEXIS 7724).



Government Opposes Certiorari In Dispute Over YouTube Video Takedown
WASHINGTON, D.C. - In a May 4 amicus curiae brief in the U.S. Supreme Court, the U.S. government voiced its opposition to a YouTube user's petition for certiorari, opining that a Ninth Circuit U.S. Court of Appeals ruling on good faith related to a copyright holder's Digital Millennium Copyright Act (DMCA) takedown notice does not conflict with existing case law, also stating that key issues regarding the copyright owner's "mental state" were not properly before the lower courts (Stephanie Lenz v. Universal Music Corp., et al., No. 16-217, U.S. Sup.).



Pharrell Williams, Robin Thicke Argue 'Blurred Lines' Does Not Infringe Gaye Song
SAN FRANCISCO - Even though musicians Pharrell Williams and Robin Thicke admit to being inspired by the "groove" and "feel" of a 1977 Marvin Gaye song when writing their 2013 hit song "Blurred Lines," in an April 24 brief to the Ninth Circuit U.S. Court of Appeals, they argue that a jury's finding of copyright infringement was improperly based on noncopyrightable musical elements and not on the song's lead sheet (Pharrell Williams, et al. v. Frankie Christian Gaye, et al., No. 15-56880, 16-55089 and 16-55626, 9th Cir.).



Abbott, Costello Heirs Assert 'Who's On First?' Copyright Interest To High Court
WASHINGTON, D.C. - In an April 18 petition for certiorari in the U.S. Supreme Court, heirs of Abbott and Costello assert their copyright interests in the legendary comedy duo's iconic "Who's on First?" routine, arguing that renewal of unitary copyrights in two films containing the routine preserved its copyright, which was ultimately transferred to them (TCA Television Corp., et al. v. Kevin McCollum, et al., No. 16-1258, U.S. Sup.).



Oracle, Google Square Off Before Federal Circuit In Fair Use Appeal
WASHINGTON, D.C. - A California federal jury's finding in May 2016 that Google Inc.'s incorporation of the Java structure, sequence and organization (SSO) in its Android operating system was a fair use was proper and should not be disturbed, Google told the Federal Circuit U.S. Court of Appeals on May 22 (Oracle America Inc. v. Google Inc., Nos. 17-1118, -1202, Fed. Cir.).



'Used' Digital Music Seller Tells 2nd Circuit It Makes No Infringing Copies
NEW YORK - In a May 19 reply brief in the Second Circuit U.S. Court of Appeals, a digital music reseller insists that it does not make infringing copies of "used" music files that it purchases from users of its service, asking the court to vacate a copyright infringement liability judgment against it (Capitol Records LLC, et al. v. ReDigi Inc., et al., No. 16-2321, 2nd Cir.).



Sony Defends Attorney Fees To 1st Circuit In Dispute Over Ricky Martin Song
BOSTON - In a May 24 appellee brief to the First Circuit U.S. Court of Appeals, Sony Corporation of America argues that a trial court properly deemed it the prevailing party and awarded it attorney fees in a songwriter's copyright infringement suit, in light of an arbitration clause that precluded the plaintiff from bringing such a suit (Luis Adrian Cortes-Ramos v. Sony Corporation of America, et al., No. 16-2441, 1st Cir.).



Songwriter Asks High Court To Review Authorship Dispute Over Usher Song
WASHINGTON, D.C. - A man who claims that he did not receive proper co-writing credit for a song that was adapted and recorded by recording artist Usher (a/k/a Usher Terry Raymond IV) filed a petition for certiorari on May 1, asking the U.S. Supreme Court to find that he was wrongly denied a determination of authorship by a trial court and an appeals court (Daniel Marino v. Usher [a/k/a Usher Terry Raymond IV], et al., No. 16-1332, U.S. Sup.).



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.).