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December 20, 2016 |

Court Rules That NY Common Law Does Not Protect Pre-1972 Sound Recordings

No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled Tuesday.
18 minute read
July 29, 2016 |

Copyright Counsel Eager for Clarity on Fair Use for Viral Videos

Infringing someone's cat video is one thing, but licensing shops may be on shaky ground when it comes to police abuse clips.
8 minute read
June 01, 2016 |

Shout-Out: Irell Beats Golden Oldies Copyright Class

The songs may be old, but a team from Irell & Manella made some new copyright law this week, beating back a would-be class action against CBS Corp. and CBS Radio.
3 minute read
June 01, 2016 |

CBS Wins Fight Over Rights to Play Oldies

CBS has amped up the fight over sound recordings made prior to 1972 with a rare win in California. A federal judge in the Central District of California granted summary judgment on Monday in a case brought by four recording companies asserting rights over 174 sample song recordings, including “All I Have To Do Is Dream” by the Everly Brothers and Mahalia Jackson's “Go Tell It on the Mountain.”
6 minute read
March 27, 2016 |

Winston & Strawn, Boldly Going Where No Pro Bono Case Has Gone Before

When you say 'pro bono,' most lawyers might think of a death penalty appeal or assisting an undocumented immigrant or helping a tenant fight an eviction. Then there's Winston & Strawn's work for the makers of a 'Star Trek' fan film.
9 minute read
March 22, 2016 |

Second Circuit Examines Evolving Infringement Standard

In his Intellectual Property column, Stephen M. Kramarsky writes: The line between legitimate service and actionable infringement can get fairly blurry, sometimes making innovation a dangerous (and expensive) gamble. Nowhere is this more evident than in the developing fields of content delivery and cloud services.
23 minute read
February 24, 2016 |

ABS Entertainment, Inc. v. CBS Corp.

Common Law Copyright Claims Falling Outside CPLR §214(4) Three-Year Limit Period Dismissed
1 minute read
December 31, 2015 |

Heirs of New Hampshire Poet Sue 'Big Bang Theory' Producers

The heirs to a New Hampshire teacher who wrote a poem about a "soft kitty" eight decades ago said in a lawsuit Monday that characters on one of the highest-rated shows on television have periodically sung a lullaby involving that phrase.
3 minute read
December 03, 2015 |

Online TV Streaming Service Loses Latest Court Fight with Networks

Federal district judges in Washington and California have split on whether online television-streaming provider FilmOn X LLC is entitled to a cable license, setting the stage for appellate judges to again consider the legality of the service. Broadcasters defeated the company in Washington in follow-up litigation to the Supreme Court's Aereo ruling but lost in a California federal district court.
3 minute read
August 20, 2015 |

McKool Lawyer Works New Angle in Pre-1972 Music Suits

Robert Allen, who was part of a landmark case against Sirius XM Radio, is taking the copyright fight to broadcast stations.
3 minute read

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