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Covering major verdicts and appellate decisions in the copyright arena
By Charles Toutant | April 26, 2023
"I think there are folks out there, given how the internet is, who probably say, 'Hey, that's a cool picture.' I don't know if most people know they are violating the law," plaintiffs lawyer Jonathan O'Boyle said.
4 minute read
By Amanda O'Brien | April 17, 2023
Local firms are preparing for an approaching wave of regulation and scrutiny by both federal and state governments. Pharmacy benefit managers (PBMs) and the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) are under the spotlight.
6 minute read
By Aaron Dunn and Chris King | April 12, 2023
The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process.
10 minute read
By ALM Staff | April 11, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Peter Brown | April 10, 2023
As the COVID-19 pandemic caused public institutions, including libraries, to shut down, the Internet Archive launched the National Emergency Library (NEL) to operate until the end of the national emergency. The NEL offered access to millions of digitized books on its database, including thousands of contemporary works still under copyright. Four major book publishers filed suit in the Southern District seeking to enjoin IA and its free library system from infringing the publishers' copyrights for their books. This article discusses the case Hachette Book Group v. Internet Archive, where District Judge John Koeltl rejected all of IA defenses and granted the publishers' motion for summary judgment to enjoin IA's infringing activities.
7 minute read
By ALM Staff | April 3, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Allison Dunn | March 31, 2023
The judge declined, however, to grant the defendants' request for sanctions against plaintiffs counsel Mathew Kidman Higbee and his firm Higbee & Associates, which specializes in copyright law.
5 minute read
By Allison Dunn | March 24, 2023
"Photographers are in this impossible position of being snobs about their work and not posting, to being labeled opportunists and copyright trolls because they take offense when people copy their image without getting paid," said David C. Deal, founder and principal attorney at The Law Office of David C. Deal in Charlottesville, Virginia. "At no point are we ever going to apologize for getting compensated for the work."
8 minute read
By Jeff Brabec and Todd Brabec | March 13, 2023
Part One of a Two Part Article Analysis of the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
10 minute read
By Michael A. Mora | February 28, 2023
"You're going to see more discovery over when the party who filed the lawsuit discovered the infringement or should have discovered the infringement with reasonable diligence," said Will Trueba, a partner at Trueba & Suarez.
4 minute read
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