A recent court order from the United States District Court for the Eastern District of Virginia—and a resulting jury verdict – may be instructive to internet service providers (“ISPs”) when it comes to their “repeat infringer” policies under the DMCA. The Court found Cox Communications (“Cox”) was…
Bud Abbott and Lou Costello were a vaudeville comedic juggernaut. Among the duo’s many accomplishments during their heyday was the creation of “Who’s on First?” which is still widely considered one of the most famous comedy routines of all time. But the heirs of Abbott…
Jeffrey Koons is well-known to artists, auction houses, and copyright enthusiasts. His works of art have fetched substantial sums of money, including one that recently sold for more than $58 million—the most expensive work of art by a living artist sold at auction. Some of…
Republican Presidential hopeful Donald Trump is “Not Gonna Take It”. He recently received permission from Dee Snider to use Twisted Sister’s 1984 hit “We’re Not Gonna Take It” in his campaign. Trump sought permission after being admonished by Steven Tyler of Aerosmith, R.E.M., and Neil…
Last year in American Broad. Cos., Inc. v. Aereo, Inc., the Supreme Court dealt a significant victory to the broadcast industry when it concluded that Aereo’s online streaming services infringed the broadcasters’ copyrighted works. The crux of the case was whether Aereo publicly performed the…
As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a “notice and takedown”…
The popular music app company Pandora Media Inc. has opened quite a musical box. It has been in litigation over what are known and loved as the “oldies.” Various record labels such as Capitol Records and Sony Music sued Pandora in New York on April 17,…
The Digital Millennium Copyright Act (DMCA), enacted in 1998, prohibits users of copyrighted works from circumventing technological measures placed on those works (e.g., encryption), subject to limited exemptions. Some of the exemptions are permanent, such as reverse engineering to ensure interoperability. Other exemptions are revisited…
Longstanding interpretation of the Copyright Act establishes that recipes are not copyrightable. The reasoning for this determination is twofold: cooking ingredients are considered statements of fact, and instructions for food preparation are deemed merely functional directions. A recent appellate court involving a plaintiff with the…
In a closely-watched dispute stretching back to 2007, the Ninth Circuit Court of Appeals handed down an important copyright “fair use” decision in Lenz v. Universal. It all began in 2007 when a woman known as Ms. Stephanie Lenz was inspired by her toddler…
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
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