In this episode of The Briefing by the IP Law Blog, Weintraub Tobin attorneys Scott Hervey and Josh Escovedo discuss copyright litigation around the “Jersey Boys” — a musical and movie about The Four Seasons– involving an unpublished biography by one of the band members. The Intellectual Property Law Blog provides insight in connection with… Continue Reading
Category Archives: Copyright Law
Subscribe to Copyright Law RSS FeedDistrict Court Applies Different Requirement for Similarity of Accused and Asserted Works Under DMCA Versus the Copyright Act
Posted in Copyright Law, IPIn Kirk Kara Corp. v. Western Stone & Metal Corp. et al, 2-20-cv-01931 (CDCA 2020-08-14, Order) (Dolly M. Gee), the Central District of California denied Defendant’s motion to dismiss Plaintiff’s claims for copyright infringement, finding sufficient substantial similarity between the copyrighted works and the accused works had been alleged. However, the Court granted Defendant’s motion… Continue Reading
Second Circuit Frames Novel Issue of Photographer’s Claim of Copyright Infringement and DMCA Violation
Posted in Copyright Law, IPThe facts in Mango v. BuzzFeed are fairly straight forward. Mango is a freelance photographer who licensed a photograph to the New York Post. The Post included the photo in a story and below the photo included Mango’s name – an attribution known in the publishing industry as a “gutter credit”. Three months after the… Continue Reading
“Birds of a Feather” – The Ninth Circuit Confronts “Single Unit of Publication” Copyright Issue
Posted in Copyright Law, IPUnicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works that Unicolor sells to certain customers. Unicolors withholds marketing them to the general public for a set period of time. In order… Continue Reading
Inside Out: The Ninth Circuit Holds The Moodsters are No Batman
Posted in Copyright Law, IP(This article was republished with permission by ABA Business Law Today on 6/2/2020, available here.) Certain literary or graphic characters may, in some cases, enjoy copyright protection. Think James Bond – or Batman and even his Batmobile. Recently, the Ninth Circuit was called upon to determine whether the Moodsters, “anthropomorphized characters representing human emotions,” are subject to the… Continue Reading
Burbank High School Jumps with Glee over Copyright Victory
Posted in Copyright Law, IPBurbank High School runs a music program that reportedly provided the inspiration for the hit TV show, Glee. It is nationally known for the competitive show choirs its students participate in as part of the program. To defray the costs of fielding several choirs, a non-profit booster club was formed to help fundraise for the… Continue Reading
Patent, Trademark, and Copyright Deadlines Extended Due to COVID-19
Posted in Copyright Law, IP, Patent Law, Trademark LawOn March 31, 2020, the U.S. Patent and Trademark Office announced that, pursuant to the Coronavirus Aid, Relief, and Economic Security Act, certain deadlines for patent and trademark applications would be extended. The CARES Act authorizes the PTO to toll, waive, or modify any patent or trademark deadline in effect during the COVID-19 emergency. The… Continue Reading
SCOTUS Rules That North Carolina is Protected from Copyright Infringement Claims by Sovereign Immunity
Posted in Copyright Law, IPThe Supreme Court of the United States has held that the state government is free to infringe copyrights without fear of retribution. In Allen v. Cooper, the Supreme Court decided whether the state of North Carolina could be held liable under the Copyright Act for infringing filmmaker Frederick Allen’s copyright relating to Queen Anne’s Revenge…. Continue Reading
Lil Nas X Takes His Horse to the Old Town Road and Moves to Dismiss Producers’ Copyright Infringement Action Concerning “Rodeo”
Posted in Copyright Law, IPLil Nas X broke onto the scene in spectacular fashion when he released the viral sensation “Old Town Road,” featuring Billy Ray Cyrus. Old Town Road broke the prior record for most consecutive weeks at No. 1 on the Billboard Hot 100 charts and eventually resulted in Lil Nas X receiving a Grammy award. Unfortunately,… Continue Reading
Is a Copyright Notice Sufficient Evidence a Textbook Is a Printed Publication for Institution of Inter Partes Review?
Posted in Copyright Law, IP, Patent LawTo use a textbook or other reference to challenge the validity of a patent in a petition for inter partes review (“IPR”), the textbook must have been “publicly accessible” prior to the date of the challenged patent to qualify as a printed publication. Is a copyright notice sufficient evidence that a textbook was publicly accessible?… Continue Reading
Disney Seeks to Stop the Rise of Infringing Baby Yoda Goods on Etsy
Posted in Copyright Law, Entertainment Law, IPWhen Disney chose to delay the production and release of merchandise related to The Child—commonly referred to as Baby Yoda—from its hit series, The Mandalorian, it created a significant opportunity for unlicensed fans to create and sell such merchandise. According to statements released by the Walt Disney Company, it intentionally delayed the production of Baby… Continue Reading
Player/Haters May Be Original Afterall
Posted in Copyright Law, IPIn the early 2000’s, an all-girl band called 3LW performed a song called “Playas Gon’ Play,” which was written by Sean Hall and Nathan Butler. “Playas Gon’ Play” was initially released in May, 2001 and rose to number 81 on the Billboard’s Hot 100 chart. The album on which “Playas Gon’ Play” appeared sold over… Continue Reading
Order in Netflix Lawsuit is a Reminder of the Bounds of Copyright Protection
Posted in Copyright Law, Entertainment Law, IPVirginia Vallejo, a well known Colombian journalist and media personality, authored the memoir “Loving Pablo, Hating Escobar”. The book is a factual account of her romantic relationship with Pablo Escobar and a chronicle of the rise of the Colombian drug cartel. Vallejo claimed that certain scenes in the television series Narcos infringed the copyright in… Continue Reading
What Happens When the Intellectual Property Laws Clash with the Antitrust Laws?
Posted in Copyright Law, IP, Patent Law, Trademark LawShould a company be required to license its patents to a competitor? That’s one question that arises when intellectual property law and antitrust law intersect. The Sherman Act, section 1, prohibits concerted action (agreements, combinations, or conspiracies) that restrain trade. Four types of conduct are per se unlawful; i.e., illegal regardless of the reason. They… Continue Reading
Counterculturalist Banksy to Defend His Intellectual Property in a European Cancellation Proceeding
Posted in Copyright Law, IP, Trademark LawIf you’re familiar with Banksy, you know he’s the epitome of counterculturalism. For those of you who aren’t familiar with Banksy, he is an anonymous England-based street artist, vandal, political activist, and film director who has been active since the 1990s. His satirical street art and subversive epigrams combine graffiti and dark, sometimes morbid, humor…. Continue Reading
Supreme Court Ruling In Pirate Ship Copyright Case Could Sink State Immunity
Posted in Copyright Law, IPThe Supreme Court is set to hear the case of Allen v. Cooper which addresses the constitutionality of the Copyright Remedy Clarification Act (“CRCA”). The purpose of the CRCA is to abrogate sovereign immunity enjoyed by States and State actors under the Eleventh Amendment for claims of copyright infringement. The CRCA provides as follows:
Potential Copyright Owners Beware: Make Sure Your Copyright Registrations Are Accurate!
Posted in Copyright Law, IPNormally, a copyright registration certificate constitutes “prima facie evidence of the validity of a copyright and of the facts stated in the certificate.” 17 U.S.C. §410(c). But what happens if that certificate contains knowingly inaccurate information? The purported copyright owner could face not only invalidation of the copyright, but the inability to pursue copyright infringement… Continue Reading
Dr. Seuss and Fair Use, What 20+ Years Will Do!
Posted in Copyright Law, IPOver twenty years ago, the Ninth Circuit decided the case of Dr. Seuss Enterprises., LP v. Penguin Books USA, Inc. That case involved a copyright infringement lawsuit brought by Dr. Seuss over a book entitled The Cat NOT in the Hat! A Parody by Dr. Juice. This book was about the O.J. Simpson trial presented in… Continue Reading
Supreme Court: File Your Copyright Application!
Posted in Copyright Law, Intellectual Property Litigation, IPThis week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California. Until now, the law in the Ninth Circuit was that a copyright owner could file suit for infringement as soon as they filed a copyright application in the Copyright Office. However, in… Continue Reading
Fresh Prince’s Alfonso Ribiero Denied Copyright Registration for the Carlton Dance
Posted in Copyright LawAs we previously wrote on this blog, Alfonso Ribiero, better known as Carlton Banks from the Fresh Prince of Bel Air filed suit against multiple videogame publishers, including the publisher of NBA 2K and Fortnite for featuring avatars that perform his signature “Carlton Dance.” Ribiero’s case, however, may have just encountered a dispositive roadblock. Last… Continue Reading
In-Game “Carlton Dance” Routine Triggers Lawsuit From Fresh Prince Actor Alfonso Ribeiro
Posted in Copyright Law, Entertainment Law, Intellectual Property LitigationActors gain notoriety for different reasons. For some, it’s due to a physical characteristic or an iconic character portrayal. For Alfonso Ribeiro, it’s a dance. The dance, which has become known worldwide as the “Carlton Dance,” is a corny dance number performed by Ribeiro’s character Carlton Banks on the 90’s sitcom “The Fresh Prince of… Continue Reading
Royalties, Preemption and Attorney’s Fees
Posted in Copyright Law, IPThe Ninth Circuit recently was called upon to decide awarding attorney’s fees in a case where artists were suing for unpaid royalties under the California Resale Royalties Act (“CRRA”). In the case, Close v. Sotheby’s, Inc. (decided December 3, 2018), the Ninth Circuit ordered that the Plaintiff-artists be required to pay attorney’s fees to the… Continue Reading
SCOTUS Will Decide What the Copyright Act Means by “Registered.”
Posted in Copyright Law, IP, IP Law Blog Lawyers In The NewsAny work that is entitled to copyright protection automatically receives protection when it is fixed in a tangible medium of expression. However, in order to benefit from the Copyright Act, the owner must “register” his or her work with the United States Copyright Office. Put another way, in order to protect against copyright infringement, the… Continue Reading
THE ESSENTIAL PURPOSE OF THE SHORT FORM COPYRIGHT ASSIGNMENT
Posted in Copyright Law, IP, IP Law Blog Lawyers In The NewsRecently, a client asked why we included a short form option agreement and a short form assignment agreement as an exhibit to a long form literary option agreement. I am sure that many a corporate transactional attorney has similarly wondered why a short form copyright assignment agreement is included within the package of numerous M&A… Continue Reading
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