Top 10 Copyright Rulings of 2016 Every year, Law 360 publishes their Top 10 copyright cases from the past year. Music, film, art and entertainment are often involved in copyright cases, which is why they can gain media attention both locally and nationally.
Appellate court extends EMCA safe harbor The Second Circuit Court of Appeals recently ruled on the hotly debated issue of whether the Digital Millennium Copyright Act’s (DMCA’s) safe harbor provision applies to sound recordings created before 1972. That’s when Congress first extended copyright protections to such recordings. With Capitol Records, LLC v. Vimeo, LLC, the Second Circuit is the first federal appellate court to tackle the question, and its opinion no doubt brought a huge sigh of relief from Internet service providers.
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The right to copyright protection is bestowed by federal law, while the right of publicity from the use of one’s name or likeness is bestowed by state law. So which prevails when these rights come into conflict? In Dryer v. The National Football League, the Eighth Circuit Court of Appeals shed some light on how that answer should be determined.
The Internet has been a boon to entertainment and information sharing. But it also presents a difficult environment for copyright owners trying to control their content. Recently, the U.S. Court of Appeals for the Ninth Circuit imposed an additional burden on copyright holders who want to protect their material under the Digital Millennium Copyright Act (DMCA).
The strength of a company’s intellectual property portfolio often drives the value of corporate transactions. Regardless of whether you are the target company or the buyer in a business transaction involving IP, the due diligence process should be designed to reveal the value of the intangible assets—patents, trademarks, copyrights and trade secrets.
Things found in nature are generally considered in the public domain and not subject to copyright protection. Yet the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a flooring design based on the natural aging of wood was indeed copyrightable.
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