Posts Tagged "copyright"

Ideas on Intellectual Property Law – Aug/Sept 2019

Patterson Thuente IP is pleased to present the August/September issue of Ideas on Intellectual Property Law. We encourage you to read through it for ideas on how to best protect your intellectual property.

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Music platform hits a sour note

Resale of digital music violates Copyright Act The introduction of digital works has raised a variety of questions about how the Copyright Act applies in the modern age. But one thing is now clear: Neither the first-sale doctrine nor the fair use defense allows the resale of copyrighted digital music files.

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Stairway back to court

Erroneous jury instructions trip up copyright verdict The 2016 ruling by a trial court in a copyright infringement case over Led Zeppelin’s classic rock anthem “Stairway to Heaven” garnered a lot of attention. The U.S. Court of Appeals for the Ninth Circuit has now sent the case back to the trial court (which ruled in the band’s favor), shedding some valuable light on how to prove copyright infringement of music in the process.

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Factual compilation qualifies for “thin” copyright

More and more of our personal information is collected every day, but some of the most valuable consumer data continues to be pairings of names and addresses. Companies build massive databases that compile this information — but are these compilations protected by copyright? It depends.

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Photogs lose DMCA case over metadata removal

More than two decades after its enactment, portions of the Digital Millennium Copyright Act (DMCA) continue to confound both copyright holders and accused infringers. What, for example, must a copyright holder establish to win a lawsuit over removal of copyright management information (CMI)? The U.S. Court of Appeals for the Ninth Circuit provided some clarity on the issue in a case involving digital photographs.

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Patterson Thuente IP 2019 Best Lawyers

Patterson Thuente IP is pleased to once again announce that four of our lawyers have been named to the 2019 Edition of The Best Lawyers in America. Congratulations to the following attorneys:

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D.C. Circuit tunes in to streaming content copyright issues

Streaming media has opened up a vast landscape of previously unavailable content for many. It’s also triggered an array of novel copyright infringement questions. In a case involving the streaming of content originating abroad into the United States, the D.C. Circuit Court of Appeals has tackled two previously unsettled questions about the scope of infringement liability under the Copyright Act.

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Selling access to clips of copyrighted programming isn’t fair use

In an era that features hundreds of television channels and interactive, interconnected media, video clips have become a hot item. Not surprisingly, though, the sale of such clips by third parties raises copyright infringement concerns, as demonstrated by a recent case heard by the Second Circuit Court of Appeals.

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Can licenses limit competitors’ use?

Copyright ruling hits third-party software support providers Purchasers of software know that it’s not just the license that can take a bite out of their wallets — it’s also the costly maintenance contracts. Smelling an opportunity, third-party providers have begun offering licensees cheaper maintenance and support alternatives. But one software company has struck back, and the favorable ruling it obtained in its copyright infringement lawsuit against a third-party provider may make it harder for such businesses to compete.

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Will innocent, immaterial inaccuracies defeat copyright registration?

Mistakes happen — but, thanks to a new ruling by the Eleventh Circuit Court of Appeals, mistakes in a copyright registration application don’t necessarily doom the resulting registration. According to a recent case, the registration will be upheld unless it contains material inaccuracies and the registrant intended to conceal relevant information from the Copyright Office.

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