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Tag Archives: copyright infringement

The Fabric of Copyright Infringement: Obtaining Summary Judgment on Copying Element

Posted in Copyright Law

Generally, the issue of copyright infringement presents issues of fact to be decided by a jury.  However, when evidence that a design is so “substantially similar” to a copyrighted design, the trial court can find infringement as a matter of law and grant summary judgment to the copyright owner.  The Ninth Circuit recently approved of… Continue Reading

“It’s In The Game” – Proof Issues In Software Copyright Infringement Cases

Posted in Copyright Law, Entertainment Law, Patent Law, Web/Tech

A recent Ninth Circuit decision in Antonick v. Electronic Arts, Inc. (filed Nov. 22, 2016), shows some of the proof issues that a plaintiff may encounter in prosecuting claims for copyright infringement in connection with software.  A jury found in favor of plaintiff’s claims of infringement; however, the trial court granted the defendant’s motion for… Continue Reading

Ninth Circuit Rejects Current Status of Music Sampling Copyright Infringement And Sets Circuit Split For The Supreme Court

Posted in Copyright Law

On June 2, 2016 the Ninth Circuit issued an opinion in a music sampling Copyright infringement case that sets up a split between the Ninth Circuit and the Sixth Circuit which will likely send the issue to the Supreme Court.   At issue in the Ninth Circuit case was a claim of infringement based on Madonna’s… Continue Reading

Copyright Infringement and the First Sale Defense

Posted in Copyright Law

The Ninth Circuit’s recent decision in the case of Dolby Systems, Inc. v. Christenson, focuses primarily on the issue of which party bears the initial burden of proof with regard to a “first sale” defense in a copyright infringement action. As the reader will see, however, this case really provides a cautionary tale as to… Continue Reading

When Copying is Not Copyright Infringement

Posted in Copyright Law

A longstanding battle between Google and the authors of published books has been resolved (at least for now) in favor of Google. The Second Circuit Court of Appeals has held that Google’s use of copyrighted books in its Library Project and Google Books website, without the permission of the authors, is fair use and therefore… Continue Reading

Will Lenz v. Universal Make Online Copyright Enforcement More Challenging for Copyright Owners

Posted in Copyright Law

Pending before the 9th Circuit is a case which may change the landscape for online copyright protection. The case, Lenz v. Universal, may make it more difficult for copyright owners to protect against infringement in today’s environment of hyper infringement. Defenders of Lenz argue that this case represents the quest for a legitimate balance between… Continue Reading

The Blurred Lines of an Infringement Action

Posted in Copyright Law

Many of you may be familiar with the pop hit “Blurred Lines” by Robin Thicke, Clifford Harris, more popularly known as T.I., and Pharrell Williams (the “Composers”).  If it does not sound familiar by title, perhaps you may recall it for its controversial nudity laden music video, or the fact that it was the song… Continue Reading

New Jersey Woman Refuses to “Let It Go.”

Posted in Uncategorized

You don’t have to be a Disney enthusiast like myself to be familiar with its latest blockbuster franchise, Frozen.  To date, the film has grossed over 1.2 billion dollars in worldwide box office revenue, making it the highest-grossing animated film of all time, and the fifth highest-grossing film overall.  The fact is, Frozen has taken… Continue Reading

When is Enough Really Enough? The Importance of Experts in Music Copyright Infringement Actions

Posted in Copyright Law, Entertainment Law

On June 17, 2014, a federal judge in Illinois granted summary judgment to Stefani Joanne Germanotta against plaintiff, Rebecca Francescatti, in a copyright infringement matter because he found that no reasonable trier of fact could find that Ms. Germanotta’s song, “Judas,” is substantially similar to Ms. Francescatti’s song, “Juda.”  You may wonder, why you should… Continue Reading