PT030000 Relatedresources 2016CopyrightDevelopments

2016 COPYRIGHT DEVELOPMENTS
Prepared for the American Bar Association’s

Copyright Division
by Joshua L. Simmons, Chair
TABLE OF CONTENTS
I. COPYRIGHT DECISIONS ..............................................................................................1

U.S. Supreme Court ...........................................................................................................1
D.C. Circuit.........................................................................................................................1
First Circuit ........................................................................................................................3
Second Circuit ....................................................................................................................7
Court of Appeals for the Second Circuit..................................................................7
District of Connecticutt ..........................................................................................11
Eastern District of New York ................................................................................12
Northern District of New York ..............................................................................12
Southern District of New York ..............................................................................13
Third Circuit ....................................................................................................................27
Fourth Circuit ..................................................................................................................32
Court of Appeals for the Fourth Circuit .................................................................32
Eastern District of Maryland ..................................................................................33
Eastern District of North Carolina .........................................................................36
Middle District of North Carolina..........................................................................36
Eastern District of Virginia ....................................................................................38
Southern District of West Virginia ........................................................................39
Fifth Circuit ......................................................................................................................39
Court of Appeals for the Fifth Circuit....................................................................39
Eastern District of Louisiana .................................................................................40
Middle District of Louisiana ..................................................................................41
Southern District of Mississippi.............................................................................42
Southern District of Texas .....................................................................................43
Western District of Texas ......................................................................................45
Sixth Circuit .....................................................................................................................47
Court of Appeals for the Sixth Circuit ...................................................................47
Western District of Kentucky ................................................................................48
Eastern District of Michigan .................................................................................49
Northern District of Ohio .......................................................................................52
Southern District of Ohio .......................................................................................53
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Joshua L. Simmons
joshua.simmons@kirkland.com
Middle District of Tennessee .................................................................................54

Seventh Circuit .................................................................................................................56
Court of Appeals for the Seventh Circuit ..............................................................56
Central District of Illinois ......................................................................................57
Northern District of Illinois ...................................................................................58
Northern District of Indiana ...................................................................................62
Southern District of Indiana ...................................................................................63
Eastern District of Wisconsin ................................................................................63
Western District of Wisconsin ...............................................................................66
Eighth Circuit ...................................................................................................................68
Ninth Circuit.....................................................................................................................71
Court of Appeals for the Ninth Circuit ..................................................................71
District of Arizona .................................................................................................75
Central District of California .................................................................................77
Eastern District of California .................................................................................85
Northern District of California...............................................................................88
Southern District of California.............................................................................102
District of Hawai‘i ...............................................................................................104
District of Nevada ................................................................................................105
District of Oregon ................................................................................................106
Western District of Washington...........................................................................107
Tenth Circuit ..................................................................................................................109
Court of Appeals for the Tenth Circuit ................................................................109
District of Colorado .............................................................................................110
District of Kansas.................................................................................................113
Western District of Oklahoma .............................................................................114
District of Utah ....................................................................................................115
Eleventh Circuit .............................................................................................................116
Court of Appeals for the Eleventh Circuit ...........................................................116
Northern District of Alabama ..............................................................................119
Middle District of Florida ....................................................................................120
Southern District of Florida .................................................................................122
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Federal Circuit ...............................................................................................................123
II. COPYRIGHT-RELATED LEGISLATION ...............................................................125

House ...............................................................................................................................125
H.R. 644: Trade Facilitation and Trade Enforcement Act of 2015 .....................125
H.R. 1644: Supporting Transparent Regulatory and Environmental
Actions in Mining Act .........................................................................................125
H.R. 4829: Trade Protection Not Troll Protection Act ........................................125
H.R. 4865: Nanotexhnology Advancement and New Opportunities Act ............125
H.R. 4948: Artist-Museum Partnership Act of 2015 ...........................................125
H.R. 4909: National Defense Authorization Act for Fiscal Year 2017 ...............126
H.R. 5051: Open Government Data Act ..............................................................126
H.R. 5325: Legislative Branch Appropriations Act, 2017...................................126
H.R. 5657: H-1B and L-1 Visa Reform Act of 2016 ...........................................127
H.R. 5757: Copyright Alternative in Small-Claims Enforcement Act of
2016......................................................................................................................128
H.R. 6496: Fairness for American Small Creators Act .......................................129
H.Res. 722: Expressing the Sense of the House of Represenatives
Supporting the Federal Workforce.......................................................................129
Senate ..............................................................................................................................129
S. 779: Fair Access to Science and Technology Research Act of 2015 ..............129
S. 2648: Comprehensive Resources for Entrepreneurs in the Arts to
Transform the Economy Act of 2016 ..................................................................130
S. 2793: SBIR and STTR Reauthorization and Improvement Act of 2016 .........130
S. 2837: Commerce, Justice, Science, And Related Agencies
Appropriations Act of 2017 .................................................................................130
S. 2812: SBIR and STTR Reauthorization and Improvement Act of 2016 .........130
S. 2852: Open Government Data Act ..................................................................131
S. 2859: College Access Act of 2016 ..................................................................131
S.2955: Legislative Branch Appropriations Act, 2017 ........................................131
III. COPYRIGHT OFFICE .................................................................................................133

The Making Available Right in the United States Report .........................................133
Informational Technology Modernization Plan..........................................................133
Section 1201 Study .........................................................................................................138
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Joshua L. Simmons
Section 512 Study ...........................................................................................................145

Software-Enabled Consumer Products Study.............................................................157
Mandatory Deposit of Electronic Books and Sound Recordings Available
Only Online Study..........................................................................................................159
Library and Archives Exceptions Study ......................................................................161
Reduced Fee for Designating Agent Under the DMCA Study ..................................161
Appointment of Register of Copyrights .......................................................................162
Rulemakings ...................................................................................................................163
New and Reconsidered Procedures ..............................................................................165
Notices of Intent to Audit ..............................................................................................166
Events ..............................................................................................................................166
Barbara A. Ringer Copyright Honors Program .........................................................166
IV. COPYRIGHT ROYALTY BOARD ............................................................................167

Determinations of Rates and Terms .............................................................................167
Adjustment of Rates ......................................................................................................168
Distributions of Royalty Funds .....................................................................................169
Request for Comments ..................................................................................................170
Proceedings of the Copyright Royalty Board..............................................................170
Notices of Intent to Audit ..............................................................................................172
V. OTHER AGENCIES .....................................................................................................173

Internet Policy Task Force ............................................................................................173
Intellectual Property Enforcement Coordinator ........................................................174
Customs and Border Patrol ..........................................................................................174
VI. COPYRIGHT IN THE NEWS .....................................................................................175

January 2016 ..................................................................................................................175
February 2016 ................................................................................................................218
March 2016 .....................................................................................................................257
April 2016 .......................................................................................................................307
May 2016 .........................................................................................................................356
June 2016 ........................................................................................................................402
July 2016 .........................................................................................................................448
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August 2016 ....................................................................................................................493
September 2016 ..............................................................................................................534
October 2016...................................................................................................................583
November 2016 ...............................................................................................................631
December 2016 ...............................................................................................................676
VII. JOURNAL OF THE COPYRIGHT SOCIETY OF THE USA ................................709

Vol. 63, No. 2 (Spring 2016) ..........................................................................................709
VIII. COPYRIGHT LAW JOURNAL ARTICLES.............................................................711

January 2016 ..................................................................................................................711
February 2016 ................................................................................................................713
March 2016 .....................................................................................................................716
April 2016 .......................................................................................................................722
May 2016 .........................................................................................................................730
June 2016 ........................................................................................................................731
July 2016 .........................................................................................................................736
August 2016 ....................................................................................................................739
September 2016 ..............................................................................................................743
October 2016...................................................................................................................747
December 2016 ...............................................................................................................753
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ABA Copyright Division
http://apps.americanbar.org/dch/committee.cfm?com=PT030000
I. COPYRIGHT DECISIONS
U.S. Supreme Court
KIRTSAENG V. JOHN WILEY & SONS, INC.

No. 15-375, 2016 WL 3317564 (U.S. Jun. 16, 2016)
Section 505 of the Copyright Act provides that a district court "may ... award a reasonable
attorney's fee to the prevailing party." . . . The question presented here is whether a court, in
exercising that authority, should give substantial weight to the objective reasonableness of the
losing party's position. The answer, as both decisions below held, is yes-the court should. But the
court must also give due consideration to all other circumstances relevant to granting fees; and it
retains discretion, in light of those factors, to make an award even when the losing party
advanced a reasonable claim or defense. Because we are not certain that the lower courts here
understood the full scope of that discretion, we return the case for further consideration of the
prevailing party's fee application.
D.C. Circuit
ALLIANCE OF ARTISTS AND RECORDING COMPANIES, INC. V. GENERAL MOTORS

COMPANY
No. 14-CV-1271 (KBJ), 2016 WL 695983 (D.D.C. Feb. 19, 2016)
The Audio Home Recording Act of 1992 (“AHRA”), 17 U.S.C. §§ 1001 et seq., requires
manufacturers, importers, and distributers of “digital audio recording devices” (“DARDs”) to
incorporate certain copying control technology into their devices and pay a set royalty amount
for each device. The AHRA is part of federal copyright law, and a non-profit organization called
the Alliance of Artists and Recording Companies (“AARC”) assists the U.S. Copyright Office in
enforcing the AHRA's provisions by, among other things, collecting AHRA royalties and
distributing them to featured recording artists and sound recording copyright owners. . . . In the
instant action, the AARC contends that automobile suppliers DENSO International America,
Clarion Corporation of America, and Mitsubishi Electric Automotive America have developed
certain audio technology that car manufacturers General Motors Company, Inc., Ford Motor
Company, and FCA US (collectively, “Defendants”) have been installing in certain car models
since 2008.1 The AARC believes these audio devices qualify as DARDs for AHRA purposes; its
five-count complaint seeks an injunction, a declaratory judgment, and monetary damages,
claiming that Defendants should be paying royalties and implementing copying control
technology when vehicles equipped with these devices are made and marketed, and that
Defendants have violated the AHRA because they have done no such thing to date. . . .
Before this Court at present are a motion to dismiss that Ford and Clarion have filed jointly
under Federal Rule of Civil Procedure 12(b)(6), and a motion for judgment on the pleadings that
General Motors has submitted pursuant to Rule 12(c). (See ECF Nos. 30, 48.) Both dispositive
motions make essentially the same argument: that none of the devices at issue, as described in
the complaint, satisfies the AHRA's multifaceted DARD definition, and thus the statute's
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mandated royalty payments and technology limits do not apply. This Court largely agrees with
these defendants' interpretation of the statute for the reasons explained below, but it also
concludes that the allegations that the AARC makes regarding the devices at issue are sufficient
to survive the Rule 12 motions. Accordingly, and as set forth in the separate order that
accompanies this Memorandum Opinion, these motions will be DENIED.
SPANSKI ENTERPRISES, INC. V. TELEWIZJA POLSKA S.A.

No. 12-CV-957 (TSC), 2016 WL 7030970 (D.D.C. Dec. 2, 2016)
Plaintiff Spanski Enterprises, Inc. ("SEI") sued Defendant Telewizja Polska, S.A. ("TVP") for
copyright infringement under 17 U.S.C. § 101 et seq., alleging that TVP displayed television
show episodes in the United States over which Plaintiff holds exclusive rights. . . . Based on
these findings of fact and conclusions of law, the court concludes that Plaintiff has sustained its
burden of proof on its copyright claim, and that judgment must therefore be entered in favor of
SEI. Specifically, the court finds that Plaintiff has carried its burden of establishing by a
preponderance of the evidence that: (1) SEI was the exclusive licensee and owner of valid
copyrights over 51 TVP Polonia episodes discussed herein; (2) TVP infringed SEI's exclusive
copyright on the 51 shows by making them available in the U.S. via the website www.tvp.pl
from the period of December 2011 to March 1, 2012; (3) TVP's infringement was volitional and
intentional, and not due to a failure of its geoblocking system or an effort at circumventing
geoblocking by SEI; and (4) Defendant did not carry its burden of establishing by a
preponderance of the evidence that SEI should be equitably estopped from bringing this claim.
SPANSKI ENTERPRISES, INC. V. TELEWIZJA POLSKA S.A.

No. 12-CV-957 (TSC), 2016 WL 7191555 (D.D.C. Dec. 12, 2016)
Plaintiff Spanski Enterprises, Inc. ("SEI") sued Defendant Telewizja Polska, S.A. ("TVP") for
copyright infringement under 17 U.S.C. § 101 et seq., alleging that TVP displayed television
show episodes in the United States over which Plaintiff holds exclusive rights. . . .
Based upon the evidence presented at trial, and having reviewed the parties' submissions, the
court makes the findings of fact and conclusions of law set forth below. Based on these findings
of fact and conclusions of law, the court concludes that Plaintiff has sustained its burden of proof
on its copyright claim, and that judgment must therefore be entered in favor of SEI.
Specifically, the court finds that Plaintiff has carried its burden of establishing by a
preponderance of the evidence that: (1) SEI was the exclusive licensee and owner of valid
copyrights over 51 TVP Polonia episodes discussed herein; (2) TVP infringed SEI's exclusive
copyright on the 51 shows by making them available in the U.S. via the website www.tvp.pl
from the period of December 2011 to March 1, 2012; (3) TVP's infringement was volitional and
intentional, and not due to a failure of its geoblocking system or an effort at circumventing
geoblocking by SEI; and (4) Defendant did not carry its burden of establishing by a
preponderance of the evidence that SEI should be equitably estopped from bringing this claim.
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First Circuit
JANE DOE NO. 1 V. BACKPAGE.COM, LLC

No. 15-1724, 2016 WL 963848 (1st Cir. Mar. 14, 2016)
This is a hard case—hard not in the sense that the legal issues defy resolution, but hard in the
sense that the law requires that we, like the court below, deny relief to plaintiffs whose
circumstances evoke outrage. The result we must reach is rooted in positive law. Congress
addressed the right to publish the speech of others in the Information Age when it enacted the
Communications Decency Act of 1996(CDA). See 47 U.S.C. § 230. Congress later addressed the
need to guard against the evils of sex trafficking when it enacted the Trafficking Victims
Protection Reauthorization Act of 2008 (TVPRA), codified as relevant here at 18 U.S.C. §§
1591, 1595. These laudable legislative efforts do not fit together seamlessly, and this case
reflects the tension between them. Striking the balance in a way that we believe is consistent
with both congressional intent and the teachings of precedent, we affirm the district court's order
of dismissal. The tale follows. . . .
The last leg of our journey takes us to a singular claim of copyright infringement. Shortly after
the institution of suit, Doe # 3 registered a copyright in one of the photographs used by her
traffickers. In the second amended complaint, she included a claim for copyright infringement.
The court below dismissed this claim, reasoning that it identified no redressable injury. . . . Doe #
3 challenges this ruling.
Assuming (without deciding) that Backpage could be held liable for copyright infringement, the
scope of Doe # 3's potential recovery is limited by the fact that she did not register her copyright
until December of 2014—after the instant action had been filed. By then, Backpage was no
longer displaying the copyrighted image. Given the timing of these events, Doe # 3 cannot
recover either statutory damages or attorneys' fees under the Copyright Act. . . . Any recovery
would be restricted to compensatory damages under 17 U.S.C. § 504(b), which permits a
successful suitor to recover “the actual damages suffered by ... her as a result of the infringement,
and any profits of the infringer that are attributable to the infringement and are not taken into
account in computing the actual damages.”
The prospect of such a recovery, however, is purely theoretical: nothing in the complaint raises a
plausible inference that Doe # 3 can recover any damages, or that discovery would reveal such
an entitlement.
CHAWLA V. SUBRAMANIAN
No. CV 13-40113-TSH, 2016 WL 111412 (D. Mass. Jan. 11, 2016)
Plaintiff, Anil Chawla (“Chawla”) has filed suit against Swathi Subramanian (“Subramanian”)
and Swaraag, Inc. alleging claims for infringement of intellectual property rights (trademarks),
harassment, fraud and defamation. Chawla's claims relate to Defendants' alleged interference
with his operation of Boston Sargam (“Sargam”)1, an organization formed for the purpose of
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organizing cultural events showcasing the talents of the South Asian Community. More
specifically, Chawla alleges that Subramanian, who was a board member of Sargam along with
himself and Tej Singh (“Singh”): (1) unilaterally and without proper appointed herself as
president of Sargam and filed false documents with the Secretary of State reflecting this change;
(2) changed Sargam's designated address with the Internal Revenue Service, the Secretary of
State and PayPal from Chawla's address to a P.O. Box address to which she had greater access;
(3) kept information important to the organization from Chawla and other core members; (4)
took responsibility away from core members and assigned them to people who answered only to
her; (5) refused to share financial information with Chawla and kept he and other core members
in the dark regarding profits and expenses relating to events and unilaterally having his name
stricken as an authorized signer on the Sargam's bank account; (6) unilaterally changed the
password permitting access to the website, www.bostonsargam.org.; (7) reserved domain names
similar to “bostonsargam.org” in an attempt to dilute and sabotage Sargam's activities by holding
similar events and activities to those of Sargam; (8) representing to facility owners that she was
acting on behalf of Sargam, while in reality, she was blocking Chawla from acting on Sargam's
behalf; and (9) violating Sargam's/Chawla's copyrights by copying style and contents from
bostonsargam.org and using it on other websites controlled by her.
This Memorandum of Decision and Order addresses, Defendant Swathi Subramanian's and
Swaraag Inc.'s Motion For Summary Judgment (Docket No. 70), which is denied for the reasons
set forth below. . . .
The Court again has grave doubts as to whether Chawla has a valid claim under the DMCA.
First, it is unclear as to whether Chawla, in his individual capacity, has the right to bring this
claim. Additionally, given the allegations in the Amended Complaint, it does not appear that
Chawla complied with the statutory prerequisites to obtaining relief. However, Defendants do
not address this claim in their motion for summary judgment and therefore, at present, the claim
survives.
ICONICS, INC. V. MASSARO

No. CV 11-11526-DPW, 2016 WL 199407 (D. Mass. Jan. 15, 2016)
This litigation began as a dispute between Iconics, a software company, and its former employee,
defendant Simone Massaro, over copyright infringement. During the travel of the case, it has
metastasized to include ten causes of action and multiple defendants, although copyright is still
at its heart. Motions for summary judgment based on the statute of limitations are now before
regarding five causes of action against two defendants: Simone Massaro and Chris Volpe.
Specifically, the motions are directed at the following: certain copyright infringement allegations
(Count I)1, certain trade secret allegations (Count II)2, the claim of intentional interference with
contractual relations (Count IV), the claim concerning removal and alteration of copyright
management information (Count V) and the civil RICO claim (Count IX). Defendants do not
currently assert a statute of limitations defense with respect to the other counts. They also do not
assert a statute of limitations defense for claims against defendants BaxEnergy GmbH,
BaxEnergy Italia S.r.L, or Vento Industries, Inc. . . .
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For the reasons set forth above, I GRANT IN PART and DENY IN PART Defendants' motion
for summary judgment. I deny the motion in so far as it seeks summary judgment on the statute
of limitations grounds for claims against Simone Massaro. I grant summary judgment based on
the statute of limitations grounds for the trade secrets, intentional interference with contractual
relations and DMCA claims against Christopher Volpe, as well as the copyright infringement
claims related to Volpe Industries, but deny summary judgment as to him for the civil RICO
claims and the copyright infringement claims related to BaxEnergy.
PINA V. RIVERA
No. CV 11-2217 (GAG), 2016 WL 868190 (D.P.R. Mar. 7, 2016)
Plaintiffs Rafael Pina (“Pina”), World Management Latino Corp., and World Music Latino Corp
filed the present Complaint on December 16, 2011, alleging breach of contract and copyright
infringement by Defendant Tony Feliciano Rivera (“Feliciano”). (Docket No. 13.) On December
4, 2013, Plaintiffs and Defendant Feliciano entered into a Confidential Settlement Agreement
(“Settlement Agreement”).1 (Docket No. 93.) Accordingly, this Court dismissed the claims
against Feliciano, but retained jurisdiction to enforce the Settlement Agreement. (Docket No.
95.) Plaintiffs now move for a preliminary injunction enjoining Feliciano's alleged violations of
the Settlement Agreement. (Docket Nos. 129; 130.) . . .
Pending before the Court is Feliciano's Objection to Magistrate Judge Bruce McGiverin's R&R
on Plaintiff's Motion for Preliminary Injunction. (Docket No. 183.) Feliciano timely objected to
the Magistrate Judge's R&R and requests that the Court deny Plaintiff's Motion for Preliminary
Injunction. Id. Defendant argues that Judge McGiverin relied on a flawed interpretation of the
CSA, and the Puerto Rico Civil Code provisions that govern it. Id. at 1. Feliciano contends he is
not bound by the terms of the agreement until 2018, and that he has already satisfied the full
judgment award of $500,000. Id. at 14. Yet, Defendant concedes that the CSA supersedes any
other agreements and binds both parties. Id. at 1.
After reviewing the R&R and the applicable law, the Court hereby ADOPTS Magistrate Judge
McGiverin's R&R at Docket No. 176 in its entirety and GRANTS Plaintiffs' Motion for
Preliminary Injunction at Docket Nos. 129 and 130.
HASSETT V. HASSELBECK
No. CA 14-14760-GAO, 2016 WL 1242530 (D. Mass. Mar. 29, 2016)
On December 30, 2014, pro se plaintiff Susan Hassett filed a complaint against defendant
Elisabeth Hasselbeck alleging conversion. Hassett claims that a book by Hasselbeck featuring
gluten-free recipes amounts to a conversion of Hassett's earlier published book with a similar
theme. Hassett seeks $1,000,000 in damages. Hasselbeck has moved to dismiss the complaint.
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Hassett alleges she is the author of a book entitled Living with Celiac Disease (“Living”), for
which she obtained a copyright in March 2008. She alleges she mailed a copy of Living to
Hasselbeck in April 2008 and that Hasselbeck received the book several days later.
In 2009, Hasselbeck published The G Free Diet. Hassett, then represented by counsel, brought
suit against Hasselbeck, her publisher, and her ghost writer, alleging copyright infringement with
respect to The G Free Diet. Hassett v. Hasselbeck, C.A. 09-11063-JLT (D. Mass.). In November
2009, the case was dismissed pursuant to Local Rule 4(m) for want of prosecution.
Soon thereafter, Hassett, acting pro se, brought essentially the same suit. Hassett v. Hasselbeck,
C.A. 09-12034-MLW (D. Mass.). Hassett alleged that the defendants published and distributed
The G Free Diet, which she claimed was “substantially similar” to her copyrighted book. The
defendants moved to dismiss the complaint on the ground that the purported similarities
identified by Hassett were not copyrightable and failed to support an infringement claim. The
court treated the defendants' motion to dismiss as a motion for summary judgment and, after
careful analysis, granted summary judgment for the defendants. The court held that, after the
elements of Living not eligible for copyright protection were identified and eliminated from
consideration, a rational factfinder would be compelled to conclude that no substantial similarity
existed between the two books. Hassett v. Hasselbeck, 757 F. Supp. 2d 73, 77-78 (D. Mass.
2010). The First Circuit affirmed. Hassett v. Hasselbeck, No. 11-1111, slip op. at 1-2 (1st Cir.
Nov. 7, 2011).
In 2012, Hasselbeck published a second book, Deliciously G-Free. Hassett then brought this
complaint against Hasselbeck for conversion, arguing that Hasselbeck improperly used Living to
write Deliciously G-Free. She claims that Hasselbeck “converted [Hassett's] book” by using
Hassett's “framework structure,” “text,” “recipes,” “information,” and “compilation of research”
when writing Deliciously G-Free. (Compl. ¶¶ 4, 10, 11 (dkt. no. 1).) . . .
For all these reasons, Hassett's allegations are insufficient to sustain a claim that Hasselbeck
unlawfully appropriated her protected expression. In particular, she has failed to adequately
plead facts that plausibly show that Hasselbeck's Deliciously G-Free is substantially similar to
Hassett's Living. The purported similarities alleged by Hassett arise out of the general ideas,
facts, functional directions, and aspects of the works customary to the genre, none of which are
copyrightable. Once these unprotected elements are filtered from consideration, it is implausible
on these allegations that Hassett could show that the two works are substantially similar in the
eyes of a reasonable, ordinary observer.
SUSTAINABLE SOURCING, LLC V. BRANDSTORM, INC.

No. 12-CV-30093-MAP, 2016 WL 3064055 (D. Mass. May. 31, 2016)
This case centers on the competing intellectual property claims of two companies that sell
Himalayan pink salt. Defendants have moved for summary judgment on Count I (copyright
infringement) and Count II (false advertising) of Plaintiff's Amended Complaint. . . . Plaintiff has
moved for summary judgment on Count I and on all five counts of Defendants' counterclaim. . . .
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In 2006, Plaintiff created the photograph at the core of the copyright dispute (the "Image") and
used it in its marketing efforts. The Image shows a box of Plaintiff's pink salt, surrounded by
bowls of berries and salt. One of Defendants' employees (not surprisingly, no longer employed
by them) foolishly copied the Image, mostly leaving the photograph unchanged, but replacing
Plaintiff's product with a depiction of Defendants' product (the "Altered Image"). Defendants
thereafter used the Altered Image in their online and print catalogues. It was only after Plaintiff
learned of Defendants' blatant copying that Plaintiff obtained a copyright registration of the
Image (Registration VA 0001812255) on May 1, 2012.
Based on these undisputed facts, which Defendants concede, Plaintiff is entitled to judgment as
to liability on Count I of its amended complaint, the copyright claim.
SOFT-AID, INC. V. SAM-ON-DEMAND, LLC

No. 14-CV-10419-LTS, 2016 WL 5402739 (D. Mass. Sep. 27, 2016)
After de novo review of Magistrate Judge Boal's Report and Recommendation, Doc. No. 140,
and both parties' objections, Doc. Nos. 146, 147, and replies to those objections, Doc. Nos. 149,
150, the Court ADOPTS the Report and Recommendation with the exception of the analysis of
copyright infringement (Count I) at to the statement of work template ("SOW") (TXu-1-867-
104) and the software by machine query computer code (TXu-1-867-067). . . .
Plaintiff has provided copies of its certificates of copyright registration for both copyrights, thus
shifting the burden to Defendant to produce evidence that the copyright is not valid. . . .
Defendant has not met its burden.
Second Circuit
Court of Appeals for the Second Circuit
SIMMONS V. STANBERRY
No. 14-3106-CV, 2016 WL 187997 (2d Cir. Jan. 15, 2016)
Plaintiff Tyrone Simmons appeals from a judgment of the United States District Court for the
Eastern District of New York (Irizarry, J.) dismissing his suit on grounds of untimeliness.
Simmons, who is a writer and performer of hip-hop music, brought this suit against hip-hop
producer William C. Stanberry, Jr., the well-known rapper Curtis Jackson (who performs under
the name 50 Cent), and various corporate entities involved in the production and distribution of
the 2007 song “I Get Money,” which was produced by Stanberry and recorded by Jackson. . . .
Kwan controls this case. As in Kwan, more than three years prior to Simmons's filing of his suit,
Stanberry had made clear to him that he rejected Simmons's assertion of an interest in the
copyright and had gone on to exploit the copyrighted work in a manner of which Simmons was
on notice. Simmons's assertion of his claim of a copyright interest was therefore time-barred. As
in Kwan, furthermore, he could not revive the time-barred claim of ownership of a copyright
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interest by relying on the defendants' continued exploitation of the copyright within three years
of his filing suit.
CBS BROADCASTING INC. V. FILMON.COM, INC.

No. 14-3123-CV, 2016 WL 611903 (2d Cir. Feb. 16, 2016)
FilmOn.com, Inc. (“FilmOn”) and FilmOn's Chief Executive Officer, Alkiviades David
(“David”), appeal from an August 15, 2014 judgment entered in the United States District Court
for the Southern District of New York (Buchwald, J.) pursuant to a decision holding FilmOn and
David in contempt of an August 8, 2012 Consent Order of Judgment and Permanent Injunction
(the “Injunction”). The Injunction prohibited FilmOn from distributing copyrighted content
owned by Plaintiffs–Appellees (collectively, the “Plaintiffs”)—a group of television networks
including CBS Broadcasting Inc., NBC Studios LLC, Fox Television Stations, Inc., and ABC
Holding Company Inc. On July 7, 2014, the district court ordered FilmOn and David to show
cause why the district court should not hold FilmOn in contempt for violating the Injunction
because FilmOn had used its Teleporter technology (“Teleporter System”) to distribute the
Plaintiffs' copyrighted television programs without the Plaintiffs' permission. The district court
found that FilmOn had violated the Injunction and held both FilmOn and David in civil
contempt, sanctioned FilmOn $90,000, and awarded the Plaintiffs attorneys' fees. On appeal,
FilmOn and David argue that the district court abused its discretion when it held them in
contempt, sanctioned FilmOn, and awarded the Plaintiffs attorneys' fees. For the reasons stated
below, we affirm the district court's decision.
FLO & EDDIE, INC. V. SIRIUS XM RADIO, INC.

No. 15-1164-CV, 2016 WL 1445100 (2d Cir. Apr. 13, 2016)
This case presents a significant and unresolved issue of New York copyright law: Is there a right
of public performance for creators of sound recordings under New York law and, if so, what is
the nature and scope of that right? Because this question is important, its answer is unclear, and
its resolution controls the present appeal, we reserve decision and certify this question to the
New York Court of Appeals.
CAPITOL RECORDS, LLC V. VIMEO, LLC

No. 141048104910671068, 2016 WL 3349368 (2d Cir. Jun. 16, 2016)
This is an interlocutory appeal on certified questions from rulings of the United States District
Court for the Southern District of New York (Abrams, J.). interpreting the Digital Millennium
Copyright Act of 1998 ("DMCA"). . . . We affirm the district court's rulings in part and vacate in
part. (i) On the first question-whether the safe harbor protects service providers from
infringement liability under state copyright laws-we conclude it does and accordingly vacate the
district court's grant of partial summary judgment to Plaintiffs on this question. (ii) As to whether
some viewing by a service provider's employee of a video that plays all or virtually all of a
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recognizable copyrighted song is sufficient to establish red flag knowledge, disqualifying the
service provider from the benefits of the safe harbor, we rule that, under the standard set forth in
Viacom International, Inc. v. YouTube, Inc., 676 F.3d 19, 26 (2012), it does not. We therefore
remand for reconsideration of the various denials of summary judgment in Vimeo's favor. (iii)
On whether Plaintiffs showed a general policy of willful blindness that disqualifies Vimeo from
claiming protection of the safe harbor, we agree with the district court's ruling in Vimeo's favor.
EMI BLACKWOOD MUSIC INC. V. KTS KARAOKE, INC. DBA KTSKARAOKE.COM

No. 15-2308-CV, 2016 WL 3917723 (2d Cir. Jul. 20, 2016)
Plaintiffs-Appellees EMI Blackwood Music Inc., EMI April Music Inc., Colgems-EMI Music
Inc., EMI Gold Horizon Music Corp., EMI U Catalog Inc., EMI Unart Catalog Inc., Jobete
Music Co., Inc., and Stone Diamond Music Corporation (together, "EMI") are music publishers
that own or administer the copyrights or exclusive rights under copyright of numerous musical
compositions. . . .
On appeal, KTS argues that the dismissal with prejudice entitles it to an award of attorneys' fees
as the prevailing party in the litigation. It further argues that the district court abused its
discretion because its denial of KTS's motion was based on an erroneous determination of law
because the dismissal itself constituted a ruling in favor of KTS. . . .
Assuming that the settlement agreement here both materially altered the legal relationship
between the parties and bore such a judicial imprimatur, we cannot find that KTS was a
prevailing party. After all, the settlement only effected this shift in the parties' legal relationship
upon KTS's insurer's payment of more than $1 million to EMI. It is thus EMI that could be said
to have attained a favorable result. This Court has been offered no support for KTS's assertion
that simply "a dismissal with prejudice constitutes a decision on the merits in favor of the
defendant." . . . KTS points to our decision in Chase Manhattan Bank, N.A. v. Celotex Corp., . . .
as authority. But this case stands instead for the proposition that "[a] voluntary dismissal with
prejudice is an adjudication on the merits for purposes of res judicata." . . . That does not mean
that a voluntary dismissal with prejudice, pursuant to a settlement agreement, renders a
defendant a prevailing party in a copyright action for purposes of attorneys' fees when, as here,
said defendant's insurer has paid substantial sums to achieve this result. The district court acted
well within its discretion to deny this request for fees.
URBONT V. SONY MUSIC ENTERTAINMENT

No. 15-1778-CV, 2016 WL 4056395 (2d Cir. Jul. 29, 2016)
In this copyright case, Plaintiff-Appellant Jack Urbont brought suit to enforce his claimed
ownership rights in the "Iron Man" theme song against what he alleges is infringement by
Defendants Sony Music Entertainment ("Sony"), Razor Sharp Records, and Dennis Coles, a/k/a
Ghostface Killah. In the proceedings below, Defendants-Appellees Sony and Razor Sharp
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Joshua L. Simmons
Records challenged Urbont's ownership of the copyright by arguing that the Iron Man theme
song was a "work for hire" created at the instance and expense of Marvel Comics ("Marvel").
The district court agreed, and it determined that Urbont failed to present sufficient evidence to
rebut the presumption that Marvel was, in fact, the copyright owner. The court dismissed
Urbont's New York common law claims for copyright infringement, unfair competition, and
misappropriation on the basis that those claims were preempted by the Copyright Act.
We hold that although the district court properly determined that the appellees had standing to
raise a "work for hire" defense to the plaintiff's copyright infringement claim, the court erred in
concluding that Urbont failed to raise issues of material fact with respect to his ownership of the
copyright. We further conclude that the district court properly dismissed Urbont's state law
claims as preempted by the Copyright Act. We thus vacate the district court's summary judgment
ruling with respect to plaintiff's Copyright Act claim and remand for further proceedings
consistent with this opinion. We affirm the district court's ruling dismissing Urbont's state law
claims.
SMITH V. BARNESANDNOBLE.COM, LLC

No. 15-3508, 2016 WL 5845690 (2d Cir. Oct. 6, 2016)
Plaintiff Cheryl Smith appeals from the judgment of the United States District Court for the
Southern District of New York (Carter, J.), dismissing her complaint on summary judgment.
Smith alleged direct and contributory copyright infringement by defendant Barnesandnoble.com,
LLC ("Barnes & Noble" or "defendant"). The defendant, under license, uploads books and book
samples to digital "lockers" that the defendant maintains for its individual customers. When the
license granted by Smith was terminated, the defendant did not delete a sample of Smith's book.
Because the allegedly infringing conduct was authorized by the contracts at issue, we affirm the
district court.
TCA TELEVISION CORP. V. MCCOLLUM

No. 16-134-CV, 2016 WL 5899174 (2d Cir. Oct. 11, 2016)
In this action for copyright infringement, plaintiffs, successors-in-interest to the estates of

William "Bud" Abbott and Lou Costello, appeal from a judgment of dismissal entered in the
United States District Court for the Southern District of New York (George B. Daniels, Jr., Judge
) in favor of defendants, who include the producers of Hand to God and the play's author . . . .
Plaintiffs assert that the district court erred in concluding from the amended complaint that
defendants' use of a portion of the iconic Abbott and Costello comedy routine, Who's on First?,
in Act I of Hand to God was so transformative as to establish defendants' fair use defense as a
matter of law. See Fed. R. Civ. P. 12(b)(6). Defendants here not only defend the district court's
fair use determination but also argue that affirmance is warranted, in any event, by plaintiffs'
failure to plead a valid copyright interest. The district court rejected that argument. . . .
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For the reasons explained herein, we conclude that defendants' verbatim incorporation of more
than a minute of the Who's on First? routine in their commercial production was not a fair use of
the material. Nevertheless, we affirm dismissal because plaintiffs fail plausibly to allege a valid
copyright interest.
EMI CHRISTIAN MUSIC GROUP, INC. V. MP3TUNES, LLC

No. 14-4369-CV(L), 14-4509-CV(XAP), 2016 WL 6211836 (2d Cir. Oct. 25, 2016)
In this appeal we principally consider the requirement of the Digital Millennium Copyright Act
("DMCA") safe harbor that an internet service provider "adopt[ ] and reasonably implement[ ]" a
policy to terminate "repeat infringers." 17 U.S.C. § 512. Plaintiffs-appellees-cross-appellants are
all record companies and music publishers. They filed this copyright infringement lawsuit
against MP3tunes, LLC and its founder and Chief Executive Officer Michael Robertson, alleging
that two internet music services created by MP3tunes infringed their copyrights in thousands of
sound recordings and musical compositions. The two services are MP3tunes.com, which
primarily operated as a locker service for storing digital music, and sideload.com, which allowed
users to search for free music on the internet.
On summary judgment, the United States District Court for the Southern District of New York
(Pauley, J.) granted partial summary judgment to the defendants, holding that MP3tunes had a
reasonably implemented repeat infringer policy under § 512. A jury ultimately returned a verdict
in favor of the plaintiffs, but the District Court partially overturned the verdict.
For reasons we explain below: (1) we VACATE the District Court's grant of partial summary
judgment to the defendants based on its conclusion that MP3tunes qualified for safe harbor
protection under the DMCA because the District Court applied too narrow a definition of "repeat
infringer"; (2) we REVERSE the District Court's grant of judgment as a matter of law to the
defendants on claims that MP3tunes permitted infringement of plaintiffs' copyrights in pre-2007
MP3s and Beatles songs because there was sufficient evidence to allow a reasonable jury to
conclude that MP3tunes had red-flag knowledge of, or was willfully blind to, infringing activity
involving those categories of protected material; (3) we REMAND for further proceedings
related to claims arising out of the District Court's grant of partial summary judgment; and (4)
we AFFIRM the judgment in all other respects.
District of Connecticutt
EAST POINT SYSTEMS, INC. V. MAXIM

No. 3:13-CV-00215 (VAB), 2016 WL 1118237 (D. Conn. Mar. 22, 2016)
Plaintiffs, East Point Systems, Inc., Thomas Margarido, Jason Margarido and Paul Taff, brought
this action against Defendants, Steven Maxim, S2K, Inc., Maxim Enterprises, Inc., Maxim Field
Service Supply, Inc. (collectively, the “Maxim Defendants”), Edwin Pajemola, and Cleveland
Field Systems, LLC (collectively, the “Pajemola Defendants”). The Court held a four-day bench
trial, and now sets forth its findings of fact and conclusions of law under Federal Rule of Civil
Procedure 52(a)(1).
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Joshua L. Simmons
As explained below, the Court finds for the Maxim Defendants on Counts One through Eight,
and Ten through Fourteen. The Court finds for Plaintiffs on Count Nine and orders S2K, Inc. to
sell its shares of East Point Systems, Inc. for $57,000. The Court also finds for Plaintiffs on
Count Fifteen and establishes a constructive trust over any Field Navigator software in the
Maxim Defendants' possession containing Field-Comm.net database tables.
The Court finds for Plaintiffs on Counts Eleven through Thirteen against the Pajemola
Defendants and awards $750,000 in damages and an additional $100,000 in punitive damages, as
well as reasonable costs and attorney's fees. The Court also finds for Plaintiffs on Count Fifteen
and imposes a constructive trust on any Field Navigator software in the Pajemola Defendants'
possession containing Field-Comm.net database tables. Finally, the Court permanently enjoins
the Pajemola Defendants from using or otherwise disposing of such software. . . .
Assuming arguendo that the Field Navigator software that Maxim Defendants used infringed
Plaintiffs' copyright, Plaintiffs did not prove that their claimed actual damages occurred as a
result of the infringement. As discussed supra, Plaintiffs did not show that their revenue declined
as a result of MEI's use of Field Navigator as opposed to CFS's licensing activities. Moreover, as
to the Maxim Defendants, Plaintiffs did not prove that any Field-Comm.net elements were
present in the software that CFS licensed to A&M and Berghorst. Finally, Plaintiffs failed to
prove adequately their actual damages . . . and while the statute allows a copyright owner to
“present proof only of the infringer's gross revenue” in establishing the infringer's additional
profits not taken into account in computing actual damages, 17 U.S.C. §§ 504(a)(1), (b),
Plaintiffs did not prove that any Maxim Defendant received revenue from Field Navigator. Count
Fourteen fails against the Maxim Defendants. . . .
Plaintiffs relied solely on Pajemola Defendants' profits as the measure of their actual damages,
see Pls.' Mem. Supp. Mot. Def. Judg. at 18, ECF No. 152-1, and did not show that they suffered
damages not reflected in those profits.
Eastern District of New York
MARSHALL V. MARSHALL
No. 15CV6808RRMLB, 2016 WL 393526 (E.D.N.Y. Jan. 31, 2016)
Pro se plaintiff Ashanta Marshall filed the above-captioned complaint on November 30, 2015.
Plaintiff's request to proceed in forma pauperis ("IFP") is granted for the purpose of this Order.
For the reasons that follow, the complaint is dismissed.
Northern District of New York
STUBBY STRIP, LLC V. FOOD MARKET MERCHANDISING, INC.

No. 515CV1410GLSATB, 2016 WL 5374116 (N.D.N.Y. Sep. 26, 2016)
Plaintiff Stubby Strip, LLC commenced this action against defendants Food Marketing
Merchandising, Inc. (FMMI), Reach Companies, LLC, Affordable Natural, LLC, Magic Straws,
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LLC, Convenience Merchandising LLC, Shatter Marketing, Inc., Jacquet, Inc., Diversified
Consumer Goods, LLC, Jon Tollefson, and Paul Henson, alleging claims of copyright
infringement and unfair competition. . . . Pending are defendants'2 motion to dismiss, (Dkt. No.
13), and Stubby's motion for leave to amend the complaint, . . . . For the reasons that follow,
defendants' motion is granted and Stubby's motion is denied. . . .
Beginning with defendants' standing argument, the court notes first that Stubby's failure to
respond amounts to abandonment of the copyright claim and consent to dismissal of it. . . . In any
event, Stubby is without standing to assert copyright infringement in the pictorial works. While
Stubby alleges that it "is the sole owner of" the copyright in the pictoral works as the result of a
transfer of ownership by the original owner . . . a copyright license agreement, which was
attached to the complaint, demonstrates otherwise . . . . The agreement provides for a "non-
exclusive commercial license" and specifically reserves to the grantor of the license "all rights in
the copyrighted works." . . . Stubby, as a non-exclusive licensee-with no ownership interest in
the copyright-lacks standing to sue others for infringement.
Southern District of New York
LOUIS VUITTON MALLETIER, S.A. V. MY OTHER BAG, INC.

No. 14-CV-3419 (JMF), 2016 WL 70026 (S.D.N.Y. Jan. 6, 2016)
Defendant My Other Bag, Inc. (“MOB”) sells simple canvas tote bags with the text “My Other
Bag ...” on one side and drawings meant to evoke iconic handbags by luxury designers, such as
Louis Vuitton, Chanel, and Fendi, on the other. MOB's totes — indeed, its very name — are a
play on the classic “my other car ...” novelty bumper stickers, which can be seen on inexpensive,
beat up cars across the country informing passersby — with tongue firmly in cheek — that the
driver's “other car” is a Mercedes (or some other luxury car brand). The “my other car” bumper
stickers are, of course, a joke — a riff, if you will, on wealth, luxury brands, and the social
expectations of who would be driving luxury and non-luxury cars. MOB's totes are just as
obviously a joke, and one does not necessarily need to be familiar with the “my other car” trope
to get the joke or to get the fact that the totes are meant to be taken in jest.
Louis Vuitton Malletier, S.A. (“Louis Vuitton”), the maker of Louis Vuitton bags, is perhaps
unfamiliar with the “my other car” trope. Or maybe it just cannot take a joke. In either case, it
brings claims against MOB with respect to MOB totes that are concededly meant to evoke iconic
Louis Vuitton bags. More specifically, Louis Vuitton brings claims against MOB for trademark
dilution and infringement under the Lanham Act, 15 U.S.C. § 1125(c); a claim of trademark
dilution under New York law; and a claim of copyright infringement. MOB now moves for
summary judgment on all of Louis Vuitton's claims; Louis Vuitton cross moves for summary
judgment on its trademark dilution claims and its copyright infringement claim, and moves also
to exclude the testimony of MOB's expert and to strike the declarations (or portions thereof) of
MOB's expert and MOB's founder and principal. For the reasons that follow, MOB's motion for
summary judgment is granted and Louis Vuitton's motions are all denied. . . .
Finally, MOB moves for summary judgment with respect to Louis Vuitton's copyright
infringement claim. The Court's conclusions above effectively compel the conclusion that any
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Joshua L. Simmons
use by MOB of copyrightable elements of Louis Vuitton's prints qualifies as a matter of law as
“fair use.”
HAYUK V. STARBUCKS CORPORATION

No. 15CV4887-LTS, 2016 WL 154121 (S.D.N.Y. Jan. 12, 2016)
Maya Hayuk (“Plaintiff”) brings suit against Starbucks Corporation (“Starbucks”) and
72andSunny Partners, LLC (“72andSunny,” together with Starbucks, “Defendants”), asserting
five claims of copyright infringement against each Defendant and an additional claim of
contributory infringement against 72andSunny. Plaintiff alleges that Starbucks' Frappuccino
advertising campaign infringed upon her copyrighted art works. Defendants have moved to
dismiss the Complaint, arguing that, as a matter of law, Defendants' allegedly infringing works
are not substantially similar to Plaintiff's works.
Applying this standard, the Court finds, as a matter of law, that none of the Frappuccino Works
is substantially similar to “the total concept and feel” of protectible elements of any of the Hayuk
Works. Although the two sets of works can be said to share the use of overlapping colored rays
in a general sense, such elements fall into the unprotectible category of “raw materials” or ideas
in the public domain. The far more dominant dissimilarities in the specific aesthetic choices
embodied in the particular works distinguish them in total concept and feel and preclude a
finding of substantial similarity. For example, Plaintiff demonstrates, through rotating and
cropping, that certain angles used in Frappuccino Works create triangular or fan-like patterns that
can also be found by studying isolated areas of the Hayuk Works. None of the Frappuccino
Works, however, employs those patterns in a work that, like the Universe Works, combines lines
and rounded shapes to present a diamond shaped center impression, the component rays of which
terminate in rounded shapes containing planet-like circles that surround the central diamond
shape. None of the Frappucino works presents, like Kites #1, an impression of a central
quadrilateral formed by intersecting rays and lines. Nor does any of the Frappuccino Works
combine physical angles and painted rays and lines to present a total look and feel of diamond
shapes intersecting in an inexact manner, as in Plaintiff's Sexy Gazebo. Plaintiff's attempt to
compare animations of intersecting lines in the Frappuccino Videos with her own static works
likewise fails to demonstrate any substantial similarity of the kinetic video images to the total
look, concept and feel of any of the Hayuk Works.
YOUNG-WOLFF V. JOHN WILEY & SONS, INC.

No. 12-CV-5230 (JPO), 2016 WL 154115 (S.D.N.Y. Jan. 12, 2016)
Photographer David Young-Wolff (“Plaintiff”) filed this copyright infringement action against
John Wiley & Sons, Inc. (“Defendant” or “Wiley”), a publishing company. (Dkt. No. 1.)
Following discovery, the parties have filed cross-motions for partial summary judgment. (Dkt.
Nos. 85, 90.) For the reasons that follow, both parties' motions are granted in part and denied in
part.
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At the core of this case is a dispute about whether certain license agreements between Wiley and
PhotoEdit had the effect of retroactively extinguishing Plaintiff's claims for copyright
infringement. Three questions arise. First, as a matter of law, can an agreement between a
licensing agent and a third party retroactively cure claims of infringement asserted against that
third party by the exclusive license holder? Second, did the license agreements at issue here, by
their own terms, act retroactively? Third, did PhotoEdit, as Plaintiff's agent, have the authority to
convey a retroactive license to Wiley? These questions are addressed in turn.
PROTOONS INC. V. REACH MUSIC PUBLISHING, INC.

No. 09 CIV. 5580 (KBF), 2016 WL 680543 (S.D.N.Y. Feb. 19, 2016)
This action traces its lineage back to an initial suit commenced in 2008. (ECF No. 1 in 08-cv-
7722 (LTS).) At that time, plaintiffs/counterclaim defendants David Reeves (“Reeves”) and
Reach Music Publishing (“Reach”) brought suit against defendant/counterclaimant Protoons Inc.
(“Protoons”) seeking damages and a declaration of copyright ownership of songs Reeves had co-
authored for the musical group Run–D.M.C. in the 1980s. (ECF No. 1.) The lawsuit ignored an
obvious weakness: Reeves had long before assigned all of his rights in the compositions to an
entity called Rush Groove and specifically agreed not to look to Protoons for payment. Reeves
and Reach's original claims were dismissed with prejudice. (ECF Nos. 60 & 61.) The litigation
did not end, however, because by then Protoons had asserted counterclaims against Reeves for
breach of contract and Reach2 for tortious interference. (ECF Nos. 23 & 68.) The Court granted
Protoons summary judgment on its breach of contract counterclaim, (ECF No. 258) and
following a bench trial in March 2015 found for Protoons on the tortious interference
counterclaim as well. (ECF No. 292.)
Now before the Court is Protoons's motion for damages, legal fees, and expenses, which the
parties have submitted for a trial on the papers. (ECF Nos. 309 & 334.) As set forth below,
Reeves and Reach are jointly and severally liable3 for the attorney's fees and costs associated
with Protoons's defense of the original claims and with its prosecution of the breach of contract
counterclaim, but not for those associated solely with prosecuting the tortious interference
counterclaim.
SENISI V. JOHN WILEY & SONS, INC.

No. 13CV3314-LTS-AJP, 2016 WL 1045560 (S.D.N.Y. Mar. 15, 2016)
On November 30, 2105, this Court issued a Memorandum Opinion and Order (“SJ Order”)
resolving the cross-motions of Plaintiff Ellen Senisi (“Senisi” or “Plaintiff”) and Defendant John
Wiley & Sons, Inc. (“Wiley” or “Defendant”) for summary judgment. (See Docket Entry Nos.
168, 173, 209.) The SJ Order dismissed 143 of the 153 claims of copyright infringement
remaining in this case, relying principally on the invalidity of copyright registration VA 1-429-
916, which covered 140 of the claims at issue (the “subject claims”). (See SJ Order.) On
December 10, 2015, Senisi filed a letter with the Court seeking “clarification that the dismissal
of the claims covered by VA 1-429-916 [was] ... without prejudice.” (See Docket Entry No. 210)
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Joshua L. Simmons
(emphasis in original). Wiley opposed Plaintiff's request for clarification. (See Docket Entry
Nos. 211-213.) On January 7, 2016, the Court issued a Memorandum Order denying Senisi's
request that the dismissal of her claims based on registration VA 1-429-916 be deemed without
prejudice. (See Docket Entry No. 214 (“Jan. 7 Order”).)
Senisi filed the instant motion on January 15, 2016, seeking reconsideration of the Jan. 7 Order's
holding that dismissal of the claims arising from registration VA 1-429-916 was with prejudice
or, in the alternative, entry of judgment on the ruling dismissing the 140 claims pursuant to
Federal Rule of Civil Procedure 54(b) so that Senisi might pursue an immediate appeal. (See
Docket Entry Nos. 215, 216 (“Senisi Memo”).) Wiley opposes both requests. (See Docket Entry
No. 220 (“Wiley Memo”).)
The Court has carefully considered the parties' submissions and, for the reasons stated below,
grants Senisi's motion for reconsideration, vacates the Jan. 7 Order and holds that the 140 claims
that had been asserted in connection with registration VA 1-429-916 are dismissed without
prejudice.
SORENSON V. WOLFSON
No. 10-CV-4596 (JGK), 2016 WL 1089386 (S.D.N.Y. Mar. 21, 2016)
Before the Court are three motions brought by the defendant, Stanley Wolfson. Wolfson moves
(1) for sanctions against the plaintiff Sigurd A. Sorenson under Rule 11 of the Federal Rules of
Civil Procedure; (2) for attorneys' fees and costs pursuant to 17 U.S.C. §§ 505 and 1325; and (3)
for attorneys' fees and costs pursuant to 28 U.S.C. § 1927 and pursuant to the Court's inherent
powers. For the reasons that follow, all three motions are denied.
ELASTIC WONDER, INC. V. POSEY

No. 13-CV-5603 (JGK), 2016 WL 1451545 (S.D.N.Y. Apr. 12, 2016)
This case concerns a dispute over the trademark of a legging brand named “Elastic Wonder.”
The original Complaint in this action was brought against the defendant and third party plaintiff
Idil Doguoglu Posey by the plaintiff, Elastic Wonder, Inc. (“Elastic Wonder”). The Complaint
alleged federal trademark infringement under the Lanham Act, 15 U.S.C. § 1125(a), and
cybersquatting under the Anticybersquatting Consumer Protection Act (“ACPA”), 15 U.S.C. §
1125(d), along with related state law claims. Posey, appearing pro se, brought counterclaims
against Elastic Wonder and a Third Party Complaint against Spandex House and Sabudh
Chandra Nath. Each of the parties claimed the right to use the mark “ELASTIC WONDER” and
claimed that the other party violated federal and state law by using that mark. Posey's surviving
counterclaims and third party claims are substantially the same claims that had been brought
against her by Elastic Wonder, with the addition of copyright infringement claims over the
design of the leggings sold by Elastic Wonder.
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Posey now moves pursuant to Fed. R. Civ. P. 56(a) for summary judgment in her favor
dismissing all claims in the plaintiff's Complaint. The plaintiff and the third party defendants
similarly move pursuant to Fed. R. Civ. P. 56(a) to dismiss Posey's claims against them. For
reasons explained below, Posey's motion is denied. The plaintiff and the third party defendants'
motion is granted. . . .
[T]he footprint or the fitting of leggings is not conceptually separable from the useful article.
Here, as in Jovani Fashion, “the aesthetic merged with the functional to cover the body in a
particularly attractive way.” . . . . It is the functional purpose of covering the body in an attractive
and comfortable way that motivates the designs of fittings of certain shapes, and the utilitarian
function of the leggings as clothing is primary over the ornamental aspect. The designs with
regard to the fitting of clothing are therefore not copyrightable, and Posey cannot assert any
copyright in such elements of the leggings.
Moreover, the moving parties are also correct that Posey has not obtained or applied for a
copyright registration for her purported copyright in the fitting of the leggings. “Copyright
registration is a prerequisite to bringing a copyright suit.” . . . Posey's failure to satisfy this
precondition of suit requires that her claim be dismissed.
BAIUL V. NBC SPORTS

No. 15-CV-9920 (KBF), 2016 WL 1587250 (S.D.N.Y. Apr. 19, 2016)
This action is the latest of several lawsuits in this Court brought by Oksana Baiul ("Baiul") and
her company, Oksana, Ltd., against a variety of entities seeking millions in damages for events
that took place decades ago. In recent years, Baiul has initiated a lengthy series of frivolous
actions in which she has effectively sought to sue everyone from her past based on essentially the
same stale claims. Among Baiul's myriad lawsuits, she previously filed a lawsuit against more
than 20 individuals and entities arising from substantially similar allegations to those here; this
Court found that suit to be frivolous and wholly without merit, and granted defendants' motion to
dismiss on statute of limitations grounds. . . . Baiul also previously brought two related actions
against NBCUniversal Media LLC ("NBCUniversal") (among others) arising out of alleged
commercial uses of Baiul's name and likeness relating to the same skating shows at issue here;
this Court granted defendants' motion for summary judgment on those claims and awarded
attorneys' fees to defendants. . . . In all of these actions, Baiul has been represented by the same
attorney against whom the Court ultimately imposes sanctions in this case-Raymond J.
Markovich.
As the Court previously stated in its February 16, 2016 decision denying plaintiffs' motion to
remand this action to the New York State Supreme Court . . . , this particular lawsuit is actually
before this Court for the second time, and plaintiffs are currently on their Fourth Amended
Complaint ("FAC"). Having twice presided over this action, as well as over Baiul's several prior
actions against defendant NBCUniversal and various other entities and individuals, the Court is
intimately familiar with the parties and the allegations underlying Baiul's claims. The instant
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Joshua L. Simmons
action has the same smell and feel as Baiul's actions previously dismissed by this Court and is
just as frivolous.
Pending before the Court are plaintiffs' motion to dismiss this action without prejudice pursuant
to Rule 41(a)(2) . . . , and defendant NBCUniversal's motion for judgment on the pleadings
pursuant to Rule 12(c) and for sanctions pursuant to 28 U.S.C. § 1927 . . . . Informed by its
careful review of the operative pleadings and acute awareness of the history of the dispute
between these parties, the Court finds this suit-as was the case with Baiul's several prior suits in
this Court-to be frivolous and wholly without merit. It is not in the interests of justice to allow
plaintiffs an opportunity to escape final adjudication of this action by allowing them to withdraw
their claims without prejudice for the sole purpose of an opportunity to continue to harass
NBCUniversal. Instead, NBCUniversal is entitled to dismissal of plaintiffs' futile claims with
prejudice on multiple grounds. Finally, although plaintiffs' counsel now seeks to withdraw from
this action in the hopes of avoiding sanctions, given counsel's vexatious conduct that has vastly
and unnecessarily multiplied these proceedings throughout this litigation, the Court concludes
that sanctions are warranted.
For the reasons set forth below, plaintiffs' motion to dismiss this action without prejudice is
DENIED. NBCUniversal's motion for judgment on the pleadings and for sanctions against
plaintiffs' counsel is GRANTED. This action is hereby dismissed with prejudice. . . .
As discussed above, the FAC alleges three state law claims for unjust enrichment,
conversion/restitution, and accounting on the basis that NBCUniversal (and the other defendants)
used and exploited a television motion picture recording entitled "Nutcracker On Ice Starring
Oksana Baiul" without entering into a written contract with Baiul or compensating Baiul for her
participation. . . . In the Court's February 3, 2016 decision denying plaintiffs' motion to remand,
the Court previously stated that although it could not yet rule on the merits of NBCUniversal's
preemption argument, there was a strong basis to conclude that plaintiffs' claims are completely
preempted by the Copyright Act. . . . Now, with the benefit of full briefing on this issue, for the
reasons stated below, the Court concludes that plaintiffs' claims are entirely preempted by the
Copyright Act and thus subject to dismissal.
PALMER/KANE LLC V. ROSEN BOOK WORKS LLC

No. 15-CV-7406 (JSR), 2016 WL 3042895 (S.D.N.Y. May. 27, 2016)
In this action, plaintiff Palmer/Kane LLC ("Palmer/Kane") sues defendant Rosen Book Works
LLC d/b/a Rosen Publishing Group, Inc. ("Rosen") for copyright infringement in 19 images
registered with the U.S. Copyright Office (the "Copyright Office"). Eight of those images are
alleged to be registered under Certificate of Registration No. VAu 529-623, with an effective
date of June 25, 2001 (the "June 2001 Registration"). See First Am. Compl. ¶ 16, ECF No. 19.
Defendant now moves the Court to issue a request to the Copyright Office, pursuant to §
411(b)(2) of the Copyright Act, to advise whether that Office would have refused registration if
it knew that certain information included in the underlying registration application was
inaccurate. For the reasons explained below, the Court grants the motion.
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JOHN WILEY & SONS, INC. V. BOOK DOG BOOKS, LLC

No. 13CIV816WHPGWG, 2016 WL 3176620 (S.D.N.Y. Jun. 6, 2016)
Plaintiffs John Wiley & Sons, Inc., Cengage Learning, Inc., and Pearson Education, Inc. have
filed this suit against Book Dog Books, LLC ("BDB") and Philip Smyres, its owner and chief
executive officer, alleging claims primarily of copyright and trademark infringement. The
plaintiffs now move for partial summary judgment striking certain defenses asserted by the
defendants.1 For the reasons stated below, plaintiffs' motion should be granted.
BWP MEDIA USA INC. D/B/A PACIFIC COAST NEWS AND NATIONAL PHOTO
GROUP, LLC, PLAINTIFFS, V. POLYVORE, INC., DEFENDANT.
No. 13-CV-7867(RA), 2016 WL 3926450 (S.D.N.Y. Jul. 15, 2016)
This case epitomizes the truism that litigation-like fashion-requires attention to detail. Plaintiffs
own a variety of celebrity photographs and allege that Polyvore, Inc., which operates the
fashion/style website polyvore.com, infringed on their copyright interests when some of those
photographs appeared on Polyvore's website. . . . Plaintiffs have not met their initial burden to
present proof of any volitional conduct on behalf of Polyvore, and they are thus unable to
establish a prima facie case of copyright infringement. On the sparse record before the Court,
Plaintiffs have identified no disputed issue of material fact that prevents Polyvore from being
entitled to summary judgment as a matter of law. Polyvore's motion for summary judgment is
accordingly granted, Plaintiffs' cross-motion is denied, and this case is dismissed. . . .
I. Direct Infringement. . . . Applying Cablevision and its progeny here, no reasonable juror could
find that Polyvore acted volitionally. It is undisputed that images appear on Polyvore's website
"without any interaction by Polyvore's employees" and that "[a]ny subsequent indexing, storage
or display ... is the result of an automated process that stems from the user's initial upload." . . .
[N]othing in the record suggests that Polyvore's Clipper tool was designed specifically to
infringe anyone's copyright interests. Without any deposition testimony or documentary evidence
from Polyvore employees, the record is ultimately silent on this point. The Clipper tool,
moreover, allows users to clip images from anywhere online, not locations that display only
copyrighted material. . . . There is thus no dispute that Polyvore users can use the Clipper to clip
both copyrighted and non-copyrighted images. Polyvore accordingly "d[oes] not have a
'fundamental and deliberate role,' such that it [is] transformed 'from a passive provider of a space
in which infringing activities happen[ ] to occur to an active participant in the process of
copyright infringement.' " . . .
For these reasons, the Court concludes that Plaintiffs must establish that Polyvore acted
volitionally to prove its claim for direct copyright infringement. As no evidence in the record
suggests that Polyvore so acted, Polyvore is entitled to summary judgment on Plaintiffs' direct
infringement claim as a matter of law. . . .
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Joshua L. Simmons
II. Secondary Liability . . . A. Contributory Infringement. . . . Here, even assuming that

Polyvore had knowledge of the infringing activity and materially contributed to copyright
infringement, the Sony-Betamax rule shields Polyvore from liability. As noted above, the
Clipper tool allows users to clip images from anywhere online, copyrighted or not. These
features make Polyvore's system, at the very least, "capable of substantial noninfringing use." . . .
Polyvore is accordingly entitled to summary judgment on Plaintiffs' contributory infringement
claim.
B. Vicarious Infringement. . . . The evidence in the record does not support either element. The
record is devoid of evidence regarding Polyvore's ability to supervise or control the activity of its
users. Similarly, no facts in the record establish a causal relationship between any infringing
activity on Polyvore's website and any financial benefit Polyvore received. Nor do any facts in
the record establish that Polyvore's users are attracted to the site because it enables infringement.
Polyvore is thus entitled to summary judgment on Plaintiffs' claim of vicarious infringement.
C. Inducement of Infringement. To be liable for inducing others to infringe copyrights, a

defendant must "distribute[ ] a device with the object of promoting its use to infringe copyright,
as shown by clear expression or other affirmative steps taken to foster infringement." . . . "The
inducement rule ... premises liability on purposeful, culpable expression and conduct," such that
"mere knowledge of infringing potential or of actual infringing uses would not be enough." . . .
No evidence in the record here supports an inference that Polyvore purposefully sought to
infringe copyright. The Court thus grants Polyvore summary judgment on Plaintiffs' inducement
of infringement claim.
III. Attorneys' Fees. . . . In Kirtsaeng, the Supreme Court instructed that in analyzing requests
for fees pursuant to § 505, "courts must view all the circumstances of a case on their own terms,
in light of the Copyright Act's essential goals." . . . Taking all those circumstances into account-
and in light of the Copyright Act's attempt to "balance ... two subsidiary aims: encouraging and
rewarding authors' creations while also enabling others to build on that work," . . . -the Court
concludes that no award of attorneys' fees is warranted in this case.
SOLID OAK SKETCHES, LLC V. 2K GAMES, INC.

No. 16CV724-LTS, 2016 WL 4126543 (S.D.N.Y. Aug. 2, 2016)
Plaintiff Solid Oak Sketches, LLC ("Solid Oak" or "Plaintiff") brings this action against 2K
Games Inc. ("2K Games") and Take-Two Interactive Software, Inc. ("Take-Two" and,
collectively, "Defendants"), asserting a claim of copyright infringement pursuant to the
Copyright Act of 1976, 17 U.S.C. § 101 et seq. (the "Copyright Act"). Plaintiff seeks to recover
actual damages in an amount to be determined at trial, or, in the alternative, statutory damages
and attorneys' fees pursuant to 17 U.S.C. §§ 504 and 505, as well as preliminary and permanent
injunctive relief.
Now before the Court is Defendants' motion, brought pursuant to Federal Rule of Civil
Procedure 12(b)(6), to dismiss Plaintiff's claim for statutory damages and attorneys' fees. The
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Court has jurisdiction of this action pursuant to 28 U.S.C. §§ 1331 and 1338(a). The Court has
reviewed the parties' submissions thoroughly and, for the reasons stated below, grants
Defendants' motion in its entirety.
LOUISE PARIS, LTD. V. STANDARD FABRICS INTERNATIONAL, INC.

No. 15 CIV. 3250 (PKC), 2016 WL 4203548 (S.D.N.Y. Aug. 8, 2016)
Plaintiffs Louise Paris, LTD ("Louise Paris"), a wholesale supplier of garments, and Rainbow
USA, Inc. ("Rainbow"), a retail apparel company, brought an action seeking a declaratory
judgment that they have not produced and sold garments that infringe defendant textile company
Standard Fabrics International, Inc.'s ("SFI") purported copyright in a fabric design-Design
#7851. In its Answer, SFI filed counterclaims against Louise Paris and Rainbow for copyright
infringement pursuant to 17 U.S.C § 101, et. seq. alleging that Louise Paris and Rainbow did
create and sell garments that unlawfully copied SFI's Design #7851, which allegedly is protected
by a copyright for a work entitled "Spring Summer 2014, Collection 1." SFI now moves for
summary judgment on its infringement counterclaims pursuant to Rule 56, Fed. R. Civ. P. Louise
Paris and Rainbow oppose summary judgment on grounds that SFI has failed to show that it has
valid ownership of a copyright covering Design #7851 or that Louise Paris and Rainbow created
and sold garments that look "substantially similar" to Design #7851. Because there are triable
issues of fact regarding whether Design #7851 is covered by SFI's copyright in the "Spring
Summer 2014, Collection 1," SFI's motion for summary judgment is denied.
RAMS V. DEF JAM RECORDINGS, INC.

No. 15 CIV. 8671 (GBD), 2016 WL 4399289 (S.D.N.Y. Aug. 15, 2016)
Plaintiffs Louise Rams and Alexander Flemming filed this action on April 13, 2015 in the
Central District of California against Defendants Def Jam Recordings, Inc. ("Def Jam"),
Universal Music Group Recordings, Inc. ("UMG"), Jeremih Felton, Mick Schultz Productions,
and Does 1-10 Inclusive (collectively "Defendants"). Plaintiffs' August 13, 2015 Second
Amended Complaint, ("SAC," ECF No. 24), alleges that Defendants' use of Flemming's portrait
of Rams constitutes federal primary, vicarious, and contributory copyright infringement . . .as
well as a violation of the Digital Millennium Copyright Act, 17 U.S.C. § 1202, et seq. . . .
Defendant Felton moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) the
Second Claim for Relief against him for secondary copyright infringement. . . . Felton's motion
to dismiss Plaintiffs' Second Claim for Relief for secondary federal copyright infringement
pursuant to Rule 12(b)(6) is DENIED.
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Joshua L. Simmons
PALMER/KANE LLC V. ROSEN BOOK WORKS LLC

No. 15-CV-7406 (JSR), 2016 WL 4534896 (S.D.N.Y. Aug. 30, 2016)
In this copyright action, plaintiff Palmer/Kane LLC ("Palmer/Kane") brings suit against
defendant Rosen Book Works LLC ("Rosen") alleging infringement of plaintiff's copyrights in
numerous stock photographs (the "Images"). Both parties sought summary judgment on the 11
remaining Images at issue. At the final pre-trial conference held on August 3, 2016, the Court
awarded summary judgment to defendant on plaintiff's claims arising out of defendant's alleged
infringement of Image Nos. 1, 8, 10, 12, 15, 16, and 18. In a "bottom-line" Order issued the next
day, the Court also awarded summary judgment to defendant on plaintiff's claims arising out of
defendant's alleged infringement of Image Nos. 6 and 13. In the same Order, the Court also
awarded summary judgment to plaintiff as to infringement on plaintiff's claims arising out of
defendant's use of Image Nos. 2 and 5, leaving the issue of damages flowing from such
infringement for trial. This Opinion and Order explains the reasons for those rulings. . . .
In sum, the Court dismisses plaintiff's infringement claims arising from defendant's use of Image
Nos. 1, 8, 10, 12, 13, 15, 16, and 18 because those Images are not validly registered with the
Copyright Office and because proper registration is a precondition to bringing an action for
copyright infringement.
CHEVRESTT V. AMERICAN MEDIA, INC.

No. 16 CIV. 5557 (LLS), 2016 WL 4557318 (S.D.N.Y. Aug. 31, 2016)
Chevrestt claims copyright infringement pursuant to the Copyright Act . . . and violation of
integrity of copyright management information ("CMI") pursuant to the Digital Millennium
Copyright Act . . . ("DMCA").
Defendant American Media, Inc. ("American") moves to dismiss the complaint pursuant to Fed.
R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. American argues
that since Chevrestt applied for, but did not receive, a registered copyright prior to commencing
suit, it has failed to plead the valid copyright required for an infringement claim. Further,
American argues Chevrestt failed to plead that it acted with the required mental state to
constitute a CMI violation claim.
The motion is denied in part and granted in part, with leave to replead.
1. Copyright Registration . . . Chevrestt alleges that he complied with all application

requirements. . . . Chevrestt's copyright infringement claim may proceed.
2. DMCA Copyright Management Claim . . . The complaint . . . contains no factual allegations

supporting those conclusions (speculations?), such as showing that American was confronted or
otherwise made aware of its allegedly infringing action. . . . Since there are no factual allegations
supporting an inference that American's CMI alteration or removal was done intentionally,
American's motion to dismiss the DMCA claim is granted, with leave to replead within 45 days.
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GYM DOOR REPAIRS, INC. V. YOUNG EQUIPMENT SALES, INC.

No. 15-CV-4244 (JGK), 2016 WL 4747281 (S.D.N.Y. Sep. 9, 2016)
The plaintiffs Gym Door Repairs, Inc. ("GDRI") and Safepath Systems LLC ("SPS")
(collectively, the "plaintiffs") bring this suit against nineteen defendants to obtain permanent
injunctive relief, damages, and attorneys' fees and costs for the defendants' alleged infringement
of the plaintiffs' patent, copyrights, and trademarks, and-under New York State law-for unfair
competition, tortious interference with business relationships, and civil conspiracy. The plaintiffs
assert that the defendants have illegally inspected, maintained or repaired safety systems for
electrically operated folding partitions, called the "Safe Path System," that the plaintiffs sold to
New York State schools. . . . The defendants filed nine motions to dismiss the Second Amended
Verified Complaint (the "SAC"). For the reasons that follow, these motions are granted in part
and denied in part. . . .
1. Standing. As a threshold matter, Thurnau contends that the plaintiffs lack standing to sue for
copyright infringement because the plaintiffs do not allege that GDRI owned the copyright at the
time of the alleged infringement. . . . "To the extent defendants argue that plaintiff failed to
allege an unbroken chain of title to the rights at issue, it is unnecessary for the complaint to
include such detailed factual recitation." . . . Accordingly, the Court denies Thurnau's motion to
dismiss for want of standing without prejudice for its renewal after discovery.
FULKS V. KNOWLES-CARTER
No. 16 CIV. 4278 (JSR), 2016 WL 4735783 (S.D.N.Y. Sep. 11, 2016)
By bottom-line Order dated August 31, 2016, this Court granted defendants' motion to dismiss
plaintiff's Second Amended Complaint ("SAC"). The pleadings allege that defendants'
distribution of a film trailer (the "Trailer") and film itself (the "Film") promoting the release of
the musical album "Lemonade" infringe plaintiff's copyright in the short film "Palinoia." This
Opinion explains the reasons for its ruling and directs the entry of final judgment.
GYM DOOR REPAIRS, INC. V. YOUNG EQUIPMENT SALES, INC.

No. 15-CV-4244 (JGK), 2016 WL 4742317 (S.D.N.Y. Sep. 12, 2016)
The plaintiffs Gym Door Repairs, Inc. and Safe Path Systems LLC (collectively, the "plaintiffs")
bring this action against numerous defendants for patent, copyright, and trademark infringement
under federal law and for unfair competition, tortious interference with existing and prospective
business relationships, and civil conspiracy in violation of New York State law.
The plaintiffs move pursuant to Rule 65 of the Federal Rules of Civil Procedure, the Copyright
Act and the Lanham Act for a preliminary injunction . . . . The motion for a preliminary
injunction fails because the plaintiffs have not shown a likelihood of irreparable harm in the
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Joshua L. Simmons
absence of an injunction, and they have not shown that the balance of equities tips in favor of an
injunction.
LIVE FACE ON WEB, LLC, PLAINTIFF, V. BIBLIO HOLDINGS LLC, AND MARJAN
GHARAJEDAGHI, DEFENDANTS.
No. 15 CIV. 4848 (NRB), 2016 WL 4766344 (S.D.N.Y. Sep. 13, 2016)
Plaintiff Live Face on Web, LLC ("LFOW") brings this action alleging copyright infringement
against defendants Biblio Holdings LLC ("Biblio") and Marjan Gharajedaghi ("Gharajedaghi,"
and collectively, "defendants"). According to LFOW, defendants have infringed on LFOW's
rights in its copyrighted software. Defendants have moved to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6). For the reasons stated herein, the motion is granted in part and denied
in part. . . .
[D]efendants' motion to dismiss is denied as to the direct infringement claim.
LFOW alleges that defendants "intentionally induced and/or encouraged direct infringement ...
by distributing the infringing version of the LFOW Software via their website(s) and/or seeking
out the LFOW Software in order to use it on their website(s)." . . . As defendants argue, this
allegation states only a bare legal conclusion unentitled to any presumption of truth . . . . The
motion to dismiss is granted with respect to LFOW's contributory infringement claim.
Given the alleged nature of LFOW's spokesperson software, it is plausible that defendants' use of
an infringing version resulted in increased user interaction and web traffic, with attendant
monetary benefits. . . . Accordingly, the motion to dismiss is denied as to the vicarious
infringement claim.
UNITED STATES OF AMERICA V. BROADCAST MUSIC, INC.

No. 64 CIV. 3787 (LLS), 2016 WL 4989938 (S.D.N.Y. Sep. 16, 2016)
This application for a construction of the Final Judgment ("Consent Decree") in this case is
stimulated by the August 4, 2016 publication of the Antitrust Division of the U.S. Department of
Justice's "Statement of the Department of Justice on the Closing of the Antitrust Division's
Review of the ASCAP and BMI Consent Decrees" ("Statement") . . .
The phrase in Art. II (C) of the Consent Decree defining BMI's repertory as "those compositions,
the right of public performance of which [BMI] has ... the right to license or sublicense" is
descriptive, not prescriptive. The "right of public performance" is left undefined as to scope or
form, to be determined by processes outside the Consent Decree. The Consent Decree neither
bars fractional licensing nor requires full-work licensing.
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SOHM V. MCGRAW-HILL GLOBAL EDUCATION HOLDINGS, LLC

No. 16CV4255, 2016 WL 5061116 (S.D.N.Y. Sep. 16, 2016)
Joseph Sohm brings this copyright-infringement action against McGraw-Hill Global Education
Holdings, LLC and McGraw-Hill School Education Holdings, LLC ("McGraw-Hill"). Sohm
claims McGraw-Hill exceeded the scope of its licenses to use his photos in educational
textbooks. McGraw-Hill moves to dismiss in part, asserting that fourteen photos are in the public
domain and cannot be copyrighted. McGraw-Hill's motion is denied. . . . In view of Sohm's
plausible allegations regarding his artistic choices, and the evidentiary presumption created by
his copyrights, this Court cannot infer a lack of originality in these images at the motion-to-
dismiss stage.
JOHN WILEY & SONS, INC. V. BOOK DOG BOOKS, LLC

No. 13CV816, 2016 WL 5092593 (S.D.N.Y. Sep. 19, 2016)
John Wiley & Sons, Inc., Cengage Learning, Inc., and Pearson Education, Inc. (the "Publishers")
bring this action against Book Dog Books, LLC and Philip Smyres ("Book Dog") for copyright
and trademark infringement, illegal importation of counterfeit goods, and breach of contract. . . .
The Publishers, the holders of the copyrights and trademarks allegedly infringed by Book Dog,
move to strike several affirmative defenses in the Answer to the Second Amended Complaint. . .
.
Book Dog objects to that portion of the Report recommending that the affirmative defenses of
copyright misuse, unclean hands, and "innocent infringement" be stricken. . . . This Court adopts
the Report's recommendation to strike the affirmative defenses of copyright misuse and unclean
hands. However, this Court declines to adopt the Report's recommendation on the "innocent
infringement" defense. Finding no error with respect to parts of the Report to which Book Dog
did not object, this Court otherwise affirms and adopts it.
SYNTEL STERLING BEST SHORES MAURITIUS LIMITED V. TRIZETTO GROUP, INC.

No. 15CV211LGSRLE, 2016 WL 5338550 (S.D.N.Y. Sep. 23, 2016)
Plaintiffs Syntel Sterling Best Shores Mauritius Limited, and Syntel, Inc., (collectively, "Syntel")
initiated this action against The TriZetto Group, Inc. ("TriZetto") and Cognizant Technology
Solutions Corp. ("Cognizant," and, collectively, "Defendants"), alleging breach of contract,
intentional interference with contractual relations, and misappropriation of confidential
information. . . . Defendants asserted counterclaims against Syntel, alleging breach of contract,
breach of implied covenant of good faith and fair dealing, misappropriation of confidential
information, unfair competition, and tortious interference with prospective business relations. . . .
Before the Court is Defendants' motion for leave to amend their counterclaims against Syntel to
(1) add new claims and allegations of copyright infringement; (2) expand allegations of
misappropriation under New York law; (3) add new claims and allegations of trade secret theft
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Joshua L. Simmons
under the Defend Trade Secrets Act ("DTSA"); (4) expand allegations of breach of contract; and
(5) make additional amendments to conform the counterclaims to the products of discovery and
new information developed since their initial filing. . . . For the reasons that follow, Defendants'
motion to amend their counterclaims is GRANTED.
REIS, INC. AND REIS SERVICES, LLC V. SPRING11 LLC

No. 15 CIV. 2836 (PGG), 2016 WL 5390896 (S.D.N.Y. Sep. 26, 2016)
Plaintiffs Reis, Inc. and Reis Services, LLC operate and sell access to a database containing
information and analysis related to commercial real estate. Plaintiffs contend that Defendant
Spring11 LLC - a real estate consultant - accessed the database without authorization and
downloaded proprietary reports worth hundreds of thousands of dollars. The Amended
Complaint alleges infringement claims under the Copyright Act, violations of the Computer
Fraud and Abuse Act, and New York state law claims for conversion, misappropriation, common
law fraud, breach of contract, unjust enrichment, and quantum meruit. . . .
Defendant has moved to strike certain allegations in the Amended Complaint pursuant to Fed. R.
Civ. P. 12(f), and to dismiss Plaintiffs' remaining claims pursuant to Fed. R. Civ. P. 12(b)(6) and
9(b). . . .
Here, there is no dispute that Springston downloaded the Reis reports using credentials issued in
his name by Reis pursuant to a request from Arbor, a Reis licensee. . . . Arbor did not attempt to
grant a sublicense to Springston (or to Spring11) beyond the scope of the license it had obtained
from Reis. The "activities" addressed in the license Arbor obtained from Reis are precisely the
activities in which Springston engaged: logging in to the Reis Database and downloading or
viewing reports. Accordingly, Arbor did not "convey greater rights than it own[ed]" to
Springston or Spring11. Arbor may have breached its licensing agreement by procuring log-in
credentials for Springston and other Spring11 employees, but Springston's download of Reis
reports was performed pursuant to a valid (if breached) licensing agreement, and in downloading
the Reis reports Springston did not infringe Reis's copyright. Only if the prohibition against
allowing non-employees access to the Reis Database was a condition of the licensing agreement
can Reis bring a copyright infringement claim for downloads performed pursuant to Arbor's
license. Here, Plaintiffs have not rebutted the presumption under New York law that the
provisions at issue are covenants rather than conditions.
WALKER V. CARTER
No. 12CV5384ALCRLE, 2016 WL 5390893 (S.D.N.Y. Sep. 26, 2016)
This is a dispute over the creation, ownership, and use of the logo (the "Logo") used by Roc-a-
Fella Records, a record label formed by Shawn Carter ("Jay Z"), Damon "Dame" Dash, and
Kareem "Biggs" Burke. Plaintiff asserts ownership of the Logo and brings breach of contract and
copyright claims against Carter, Dash, and Burke, as well as UMG Recordings, Inc. ("UMG"),
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Island Def Jam Music Group ("Island Def Jam") and Roc-A-Fella Records, LLC ("RAF LLC")
(collectively, the "Corporate Defendants").
Plaintiff casts himself as the creative mastermind of the Logo's design, though he admits that he
neither came up with the idea for the Logo nor drew any part of it. Instead, he claims that nearly
two decades ago, Dash described the Logo's concept to him, and he then arranged for three other
men to draw elements of the Logo, directed their work, and combined the elements into the
Logo. He alleges that Defendants owe him royalties for the use of the Logo, under the terms of a
written contract he entered into with Dash; however, Plaintiff claims he has since lost the only
copy of that contract to ever exist. Plaintiff also registered a copyright for the Logo in 2010, and
he brings a claim that Defendants infringed upon his copyright, by displaying and selling items
bearing the Logo in the cases of all Defendants, and by appearing in videos wearing necklaces
bearing the Logo in the cases of Carter and Dash.
Defendants now move for summary judgment on all claims, and Plaintiff moves for partial
summary judgment on three discrete issues. As set forth more fully below, Defendants' motion is
granted in full and Plaintiff's is denied, as the . . . the copyright claim is time-barred. . . . The
dispute here "does not involve the nature, extent or scope, of copying," and instead, "ownership
forms the backbone of the 'infringement' claim at issue." . . . If an ownership claim would be
time-barred, this "attendant infringement claim[ ] must fail." Accordingly, the Court proceeds to
the question of whether the claim is time-barred.
PALMER/KANE LLC V. GARETH STEVENS PUBLISHING

No. 1:15-CV-7404-GHW, 2016 WL 6238612 (S.D.N.Y. Oct. 24, 2016)
Defendant Gareth Stevens Publishing moves the Court for reconsideration of its May 27, 2016
order denying issuance of a request to the Register of Copyrights pursuant to 17 U.S.C. §
411(b)(2). For the reasons that follow, Defendant's motion for reconsideration is DENIED.
Third Circuit
LEONARD V. STEMTECH INTERNATIONAL INC.

No. 15-3198, 15-3247, 2016 WL 4446560 (3d Cir. Aug. 24, 2016)
Andrew Leonard, a stem cell photographer, and Stemtech International, Inc., a company that
sells nutritional supplements through independent distributors, cross appeal various rulings in the
copyright infringement lawsuit Leonard brought against Stemtech in the District of Delaware.
For the reasons discussed herein, we will affirm the District Court's pretrial, trial, and post-trial
rulings, except the order denying prejudgment interest to Leonard, which we will vacate and
remand. . . .
Leonard proved direct infringement by Stemtech distributors. He demonstrated that he owned the
copyrights to the infringed images, and that he did not authorize or license the use of his images
in Stemtech's advertising, marketing, and training materials. The materials containing his images
ranged from webpages and PDFs to videos and a PowerPoint presentation promoting Stemtech
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Joshua L. Simmons
products. This evidence provided a sufficient basis for a jury to reasonably conclude that the
distributors directly infringed Leonard's copyrights. . . .
1. Contributory Infringement . . . [T]he evidence shows that Stemtech knew of the distributors'
infringing activity. Stemtech itself created the materials containing Leonard's images, provided
the materials to its distributors, and required the distributors to use the materials. Thus, Stemtech
knew of its distributors' infringing activities and plainly took "steps that [we]re substantially
certain to result in such direct infringement." . . . We also note that the jury had a basis to
conclude that Stemtech knew that the images it provided to its distributors were copyrighted. The
jury heard evidence that Stemtech had negotiated with Leonard for a limited-use license of one
of his images in the HealthSpan magazine. From this evidence, the jury could infer that, despite
knowing that Leonard's images were copyrighted, Stemtech required its distributors to use the
images Leonard owned to promote Stemtech's products and thereby materially contributed to or
induced their infringement.
2. Vicarious Infringement . . . Stemtech had the right and ability to control the infringing
activities of its distributors. Stemtech created and provided marketing materials to its
distributors, and required their use. It also had the contractual right to impose a range of
disciplinary sanctions on distributors who violated its policies or engaged in illegal behavior,
ranging from withholding compensation to terminating a distributorship agreement.
Additionally, Stemtech required its distributors to use "official STEMTech replicated templates"
and websites that it controlled. . . . To the extent infringements occurred on what Stemtech
asserts were unauthorized, independent websites, Stemtech still had the ability to induce
compliance by distributors operating these websites by withholding compensation and access to
back office support. Stemtech thus had the "practical ability to police the third-party
[distributors'] infringing conduct." . . . The evidence of this contractual and financial relationship
between Stemtech and its distributors provided a basis for the jury to conclude that Leonard
satisfied the right and ability to supervise or control element. . . . The jury could reasonably have
credited the testimony from Stemtech officials indicating that images of stem cells lend
legitimacy to products that purportedly enhance stem cell production and from this infer that the
images could have drawn customers to buy the product, which would financially benefit
Stemtech. Thus, there was sufficient evidence from which the jury could find that the financial
benefit element was met.
MARINO V. USHER, A/K/A USHER TERRY RAYMOND, IV

No. 15-2270, 15-2359, 2016 WL 7156558 (3d Cir. Dec. 8, 2016)
Songwriter Daniel Marino appeals the district court's grant of summary judgment in favor of the
defendants in his copyright infringement suit. The district court found that, because Marino had
jointly created the song Club Girl, later developed into the derivative work Bad Girl and used by
popular musician Usher, Marino's infringement claims must fail. . . . For the reasons that follow,
we will affirm both orders. . . .
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Here, the district court correctly applied the express preemption test in § 301(a). Because Marino
based his constructive trust claim on monies generated by the alleged infringement, the district
court concluded that the first element is satisfied, and we agree. The second element is satisfied
because Marino's constructive trust and copyright claims arise from the same conduct.
Accordingly, the district court correctly dismissed Marino's constructive trust claim. . . .
Marino also argues that the district court erred in dismissing his sound recording claim for lack
of standing. The law is clear that a work must be preregistered with the Copyright Office before
suit can be brought for an alleged copyright violation. As the district court held, sound
recordings and musical compositions are distinct from one another and require two different
registrations. Here, the record reveals that, although the musical compositions of Club Girl and
Bad Girl were registered, the sound recordings were never registered with the Copyright Office.
Accordingly, the district court correctly denied Marino's sound recording claim.
GRANT HEILMAN PHOTOGRAPHY, INC. V. MCGRAW-HILL COMPANIES

No. CV 12-2061, 2016 WL 687176 (E.D. Pa. Feb. 19, 2016)
In this copyright infringement case, plaintiff's suit claims damages for over 2,000 separate
instances of infringement, allegedly arising out of defendant's publication of photographs, for
which plaintiff had licensing rights on behalf of various photographers, in defendant's textbooks,
either in excess of the amount of reproductions authorized, or by geographical distribution
broader than allowed by the license. The Court held a jury trial in September 2014 which, by
agreement of counsel, concerned only 53 claims selected by counsel (the “mini-trial” or
“bellwether trial”). Following a jury verdict for plaintiff on September 24, 2014, a number of
post-trial motions were filed. Subsequently, the Court filed two extensive Memoranda on post-
trial motions, the first on March 20, 2015, 2015 WL 1279502, and the second on June 30, 2015,
2015 WL 3970938. These Memoranda explained the history of the case in some detail, the trial
proceedings, and the Court's decisions on various motions resulting in a judgment entered in
favor of plaintiff and against Defendant on August 20, 2015 in the amount of $64,634.00 (ECF
269). . . .
As a result of these pretrial proceedings, it now appears that plaintiff is seeking damages for
approximately 1,722 separate claims. Defendant has acknowledged liability for all but 130 of
these claims. The parties disagree whether there are disputed facts as to these 130 claims and
whether the Court can decide if plaintiff is liable for these as a matter of law. The schedule for
presentation of this issue is set forth below. The major issue for trial is how to proceed with
regard to plaintiff's claims for damages, which defendant does dispute.
BROADCAST MUSIC, INC. V. HIPPOCRATES DELIGIANNIS

No. CV 14-2045, 2016 WL 1241935 (E.D. Pa. Mar. 30, 2016)
Plaintiff, Broadcast Music, Inc. (“BMI”), brought this suit for copyright infringement under the
Copyright Act, 17 U.S.C. § 101 et seq, on its own behalf on and on behalf of Concord Music
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Joshua L. Simmons
Group, Inc., d/b/a Jondora Music, House of Cash, Inc., Less than Zero Music, Southfield Road
Music, Fake and Jaded Music, Sony/ATV Songs, LLC, d/b/a Sony/ATV Melody, Moebetoblame
Music, Abkco Music, Inc., EMI Blackwood Music, Inc., and Counting Crows, LLC, d/b/a Jones
Fall Music, the owners of the copyrights that are the subject of this action. Plaintiffs contend that
Defendants permitted the performance of live music at the Bar-B-Q Pit without obtaining the
proper licenses from BMI to allow public performances of said copyrighted music. Plaintiffs
seek an injunction against further infringement, and statutory damages for each of eight (8)
infringements, along with costs and attorneys' fees. Presently before the Court are the parties'
cross-motions for summary judgment, as well as the Amended Motion for Summary Judgment of
Defendants, Anna's Bar-B-Q Pit, Ltd. and Anna Deligiannis. For the following reasons,
Plaintiffs' Motion for Summary Judgment is granted as to Defendants, Anna's Bar-B-Q Pit, Ltd.
and Anna Deligiannis, and denied as to Defendant Hippocrates Deligiannis. The Motions for
Summary Judgment of Defendants, Anna's Bar-B-Q Pit, Ltd. and Anna Deligiannis, are denied
and the Motion for Summary Judgment of Defendant, Hippocrates Deligiannis is granted. . . .
In sum, I find that Plaintiffs have established liability against Anna's Bar-B-Q Pit, Ltd., and Anna
Deligiannis on all five elements necessary to prove copyright infringement. Accordingly, I will
grant summary judgment in favor of Plaintiffs and against Defendants Anna's Bar-B-Q Pit, Ltd.,
and Anna Deligiannis on the copyright infringement claim. Further, I will deny the Motions for
Summary Judgment of Defendants, Anna's Bar-B-Q Pit, Ltd., and Anna Deligiannis, and will
grant summary judgment in favor of Defendant, Hippocrates Deligiannis, on the copyright
claims. . . .
I will also grant Plaintiffs' request for a permanent injunction and award Plaintiffs $6,000.00 in
damages and $20,190.00 in costs and attorneys' fees.
CLARITY SOFTWARE, LLC V. FINANCIAL INDEPENDENCE GROUP, LLC

No. 2:13-CV-00795, 2:12-CV-1609, 2016 WL 3083383 (W.D. Pa. May. 31, 2016)
Presently pending before the Court is a motion by Defendant Financial Independent Group, LLC
("FIG") for recovery of costs and attorney fees . . . following entry of summary judgment in its
favor and against Plaintiff, Clarity Software, LLC ("Clarity"). . . .
Based on the foregoing, the Court concludes that the totality of factors counsels against an award
of counsel fees in this case. Defendant's motion for recovery of costs and attorney's fees will
therefore be denied with respect to Defendant's request for counsel fees. The Court will,
however, grant the motion in part as it relates to Defendant's request for recovery of certain costs
as enumerated above, and denied in all other regards. An appropriate Order will issue.
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ADTILE TECHNOLOGIES INC. V. PERION NETWORK LTD.

No. CV 15-1193-SLR, 2016 WL 3475335 (D. Del. Jun. 24, 2016)
At Wilmington this 23rd day of June, 2016, having reviewed the papers filed in connection with
Adtile's motion for preliminary injunction, and having heard oral argument on same; IT IS
ORDERED that Adtile's motion (D.I. 11) is denied, for the reasons that follow: . . .
In the case at bar, a review of the parties' briefing and evidence reveals that Adtile registered the
copyright for the handphone image on June 19, 2015. . . . Undertone had access to the handphone
image during the period of licensing. Such image (without any attribution) was provided to
Undertone in two of the Motion Ads Adtile created under the License Agreement (the Nestle
Perrier Motion Ad created in November 2014, and Estee Lauder ad created in December 2014). .
. . Undertone then used the handphone image in the Discover ad. After receiving a cease and
desist letter, Undertone took down both the Nestle Perrier and Discover ads and discontinued use
of the handphone image. Although neither party further analyzed the Google search results to
determine if any of the handphone icons were created or existed prior to 2014, such an argument
is reasonable given the ubiquity of cellphones in 2014. At the present time, defendants are not
using the handphone image, rendering any argument as to ongoing harm to Adtile moot.
As to the Full-Tilt Library software, Adtile states that the "analysis of Undertone's ads revealed
that the source code for such ads copy the copyrighted software." . . . Again, Adtile does not
explain how it distinguishes the copyrighted "version" from the public open-source "version." As
with the handphone image, Undertone has represented that it does not currently use the Full-Tilt
Library software.
IN RE NORTEL NETWORKS INC.

No. 09-10138(KG), AP 11-53454(KG), 2016 WL 3751653 (Bankr. D. Del. Jul. 7, 2016)
On February 8, 2016, the Court issued its Memorandum Opinion and Order on the parties cross-
motions for summary judgment. D.I. 359 and 360. Defendant Nortel Networks Inc. and affiliated
debtors ("Nortel") have asked the Court for clarification of its ruling1. SNMP Research, Inc. and
SNMP Research International, Inc. (collectively, "SNMP") argue that Nortel's request is an
improper request for reargument, but have also requested clarification. . . . This adversary
proceeding presents what the Court believes is a unique situation. There is no question that
Nortel infringed by transferring SNMP's software to purchasers in the Business Line Sales. The
software was embedded in product. At the same time, there is a serious question if Nortel
profited from the infringement. Nortel appears not to have received compensation for SNMP
software from the Business Line Sales and the purchasers thereafter entered into license
agreements with SNMP. The profit question, however, remains a question of fact.
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Joshua L. Simmons
Fourth Circuit
Court of Appeals for the Fourth Circuit
UNITED STATES V. BATATO

No. 15-1360, 2016 WL 4254916 (4th Cir. Aug. 12, 2016)
The claimants in this case appeal from the district court's entry of default judgment for the
government in a civil forfeiture action against funds deposited in the claimants' names in banks
in New Zealand and Hong Kong. Default judgment was entered after the government
successfully moved to disentitle the claimants from defending their claims to the defendant
property under the federal fugitive disentitlement statute, 28 U.S.C. § 2466. The claimants appeal
the judgment on several grounds, most prominent among them that the district court lacked
jurisdiction over the defendant property because it resides in foreign countries, that fugitive
disentitlement violates constitutional due process, and that disentitlement in this case was
improper because the claimants are not fugitives from the law. Finding these arguments
unpersuasive, we affirm the district court.
DEVIL'S ADVOCATE, LLC V. ZURICH AMERICAN INSURANCE COMPANY

No. 15-1048, 2016 WL 6871905 (4th Cir. Nov. 22, 2016)
Devil's Advocate, LLC, and John W. Toothman ("Appellants") sued Zurich American Insurance
Company ("Zurich") for breach of contract, unjust enrichment, conversion, unauthorized use of
name, trademark infringement, and copyright infringement. After the district court dismissed all
of their claims, Appellants timely appealed. Finding no error, we affirm the judgment of the
district court. . . .
The district court dismissed Appellants' claim against Zurich for copyright infringement, finding
the Proposal lacked substantial similarity to the designation filed by Zurich in the Texas
litigation. . . . Our review of the extrinsic nature of the two documents reinforces the conclusion
that they lack substantial similarity. The Proposal discusses Appellants' conflicts, Toothman's
familiarity with the parties involved, his academic and professional experience, an overview of
the billing structure, and some observations on the Texas litigation. The expert designation, by
contrast, generally summarizes the subject matter on which Zurich's two experts would testify
without specifying the material about which either intended to opine. Appellants accuse Zurich
of plagiarizing the Proposal, but a review of the two documents convinces us not only that there
is no substantial similarity, but little if any similarity.
With regard to the intrinsic similarity prong, we find scant similarity in the "concept and feel"
between the Proposal and the designation Zurich submitted to the Texas court. . . . The former is
an offer for services, covering a variety of topics, the latter a court filing discussing the subject
matter on which Zurich's two experts would testify. It is implausible that any intended audience
could view these two documents as intrinsically similar. . . .
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Zurich is also entitled to summary judgment on Toothman's claim that it infringed the copyright
to his resume. . . . Toothman's resume employed no mode of expression, but merely collected
and restated known facts. Zurich's use was not for profit or in a traditionally commercial sense.
Although reproduced in its entirety, Toothman's resume "was not used to undermine any right
conferred by the Copyright Act." . . . Finally, Zurich's use of the resume did not affect its
marketability. Unlike a manuscript, or other copyrightable works consumers might actually
purchase, there is no market for Toothman's resume as such, nor have Appellants credibly argued
otherwise.
Eastern District of Maryland
MALIBU MEDIA, LLC V. [REDACTED]

No. CV CCB-15-1700, 2016 WL 245235 (D. Md. Jan. 21, 2016)
Malibu Media, LLC (“Malibu”), sued the defendant for copyright infringement under 17 U.S.C.
§§ 101 et seq. The defendant has failed to respond to the complaint. Malibu sought and received,
pursuant to Rule 55 of the Federal Rules of Civil Procedure, an order of default. Pending before
the court is Malibu's motion for entry of default judgment. (Mot. Default J., ECF No. 17). For the
reasons that follow, the motion will be granted. . . .
For the foregoing reasons, Malibu's motion for default judgment will be granted. The court will
award statutory damages in the amount of $95,250 and costs and attorneys' fees in the amount of
$1,632. Further, Malibu's requests for a permanent injunction and an order instructing the
defendant to destroy all infringing copies of the plaintiff's work will be granted.
ALDMYR SYSTEMS, INC. V. FRIEDMAN

No. PJM 15-864, 2016 WL 1126488 (D. Md. Mar. 21, 2016)
This case, ostensibly seeking damages for copyright infringement under federal law and
misappropriation of trade secrets under state law, is in reality an effort to wage a state-based
domestic relations battle in federal court. The decision to dismiss the case, given that the case
should never have been pursued outside the domestic litigation in state court, is easily made.
The more challenging question is the extent to which the filing of this suit in federal court should
trigger sanctions under Federal Rule of Civil Procedure II against the corporate Plaintiffs,
Plaintiffs' de facto controlling shareholder and CEO, and Plaintiffs' counsel.
CORNELL D.M. JUDGE CORNISH V. BALTIMORE CITY, ET AL.

No. CV GLR-14-3117, 2015 WL 11027771 (D. Md. Jun. 26, 2015)
Pending before the Court is Plaintiff's, Cornell D.M. Judge Cornish, Motion for Reconsideration.
(ECF No. 24). The Motion is ripe for disposition. No hearing is necessary pursuant to Local Rule
105.6 (D.Md. 2014). For the reasons outlined in specific detail below, the Motion for
Reconsideration will be denied. . . .
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Joshua L. Simmons
[T]he Court has reviewed Plaintiff's pleadings. It simply remains too difficult to discern the
causes of action alleged. To the extent Plaintiff alleges copyright infringement, she "must prove
that she owned a valid copyright." . . . Plaintiff concedes, however, that she does not own a valid
copyright. . . . To the extent Plaintiff alleges a violation of the First Amendment, "there is no
constitutional right to copyright registration." . . . To the extent Plaintiff alleges any discernable
state law torts, her claims are not supported by legally sufficient factual allegations, but rely on
mere "labels and conclusions."
SINCLAIR BROADCAST GROUP, INC. V. COLOUR BASIS, LLC

No. CV CCB-14-2614, 2016 WL 3541204 (D. Md. Jun. 29, 2016)
Sinclair Broadcast Group, Inc. ("SBG") has brought this declaratory judgment action against
Colour Basis, LLC ("CB") and Christi Schreiber (collectively, "the defendants" or
"counterclaimants"), requesting, inter alia, that the court find that SBG has not infringed CB's
copyright. CB and Schreiber have brought counterclaims against SBG, Scott Livingston, and
Samantha Dinges (collectively, "the counter-defendants"), alleging copyright infringement,
circumvention of copyright protection systems, fraudulent inducement, and unfair competition.
Now pending before the court are the counter-defendants' motion for summary judgment, and the
defendants' motion for leave to file a surreply. . . . For the reasons that follow, the counter-
defendants' motion for summary judgment will be granted in part and denied in part, and the
defendants' motion to file a surreply will be denied as moot. . . .
Here, it is undisputed that SBG, the licensee, requested the creation of the Style Guide, which
CB, the licensor, created and delivered. Accordingly, only the third prong of the Effects
Associates test is at issue. The first Nelson-Salabes factor indicates neither an intent to grant nor
an intent to deny a license without CB's future involvement. On the one hand, CB had done work
for various SBG affiliates over the course of approximately two years. On the other hand, these
jobs were negotiated individually with the stations; SBG's invitation for Schreiber to present at
the January 2013 conference appears to have been a one-time request; and there is an issue of
fact, discussed further below, as to whether the Style Guide was to be part of a package that
included a group deal between SBG and CB. . . . The second factor favors SBG. There is no
written contract between the parties, and CB's invoice-the only written document that exists
related to the Style Guide aside from emails-indicates no terms associated with the project, other
than that payment was "[d]ue on receipt." . . . For the third factor, the court is sympathetic to
many of SBG's arguments. Ultimately, however, the summary judgment standard mandates that
this court credit CB's version of the facts, and Schreiber claims that, in the controverted phone
call at the end of March or the beginning of April 2013, she made clear to Livingston that she
was accepting his lowered price proposal only because SBG would be required to pay for
additional licenses and printed copies of the Style Guide, and SBG's use of the Style Guide
would be accompanied by CB's services as part of a group deal. . . . Further, Schreiber's email
with her original cost proposal specifically said that her suggested price would include 400
printed copies and 400 PDF licenses, . . . , and a follow-up email the next week about a PDF-
only Style Guide also mentioned licenses, . . . , suggesting she did not anticipate granting an
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implied nonexclusive license to SBG, at least not one with the scope SBG contemplates. To the
extent the counter-defendants argue that CB's inaction in the face of SBG's use of the Style
Guide argues for an implied nonexclusive license, again, at least one version of the facts
according to CB dictates otherwise. In particular, Schreiber claims that Livingston, when he
called about Dinges, said that SBG's relationship with CB would not change, and his company
would continue to use CB's consulting services. Assuming these facts to be true, and recognizing
also that Schreiber continued to reach out to SBG stations after this phone call, if not to
Livingston himself, the court at this stage cannot find as a matter of law that SBG possessed an
implied nonexclusive license to the Style Guide. Accordingly, the counter-defendants' motion for
summary judgment regarding the implied nonexclusive license will be denied. . . .
In their counterclaims, the counterclaimants allege that SBG, Livingston, and Dinges "willfully
removed the password protection and print disabling technological measures that controlled
access to the copyright protected Style Guide." . . . Because, however, the counterclaimants gave
the counter-defendants access to the copyrighted work, the PDF Style Guide, they cannot make
out a violation of the DMCA. Further, the evidence of the alleged circumvention-the email
attached to Schreiber's affidavit from AlphaGraphics, the firm CB says added password
protections to the Style Guide-is inadmissible hearsay. . . . To be entitled to consideration on
summary judgment, facts set forth in affidavits must be such as "would be admissible in
evidence." . . . "While properly authenticated e-mails may be admitted into evidence under the
business records exception,...[a]n e-mail created within a business entity does not, for that reason
alone, satisfy the business records exception of the hearsay rule." . . . Without providing more of
a basis to establish that it was kept as part of the business's regular operations, the AlphaGraphics
e-mail cannot be admitted under an exception to the hearsay rule. Id. Finally, the counter-
defendants said they had no difficulty printing the Style Guide, and defense counsel at the
hearing cited no evidence as to how the circumvention allegedly occurred. Accordingly, the
counter-defendants' motion for summary judgment on the counterclaimants' circumvention claim
will be granted.
UNDER A FOOT PLANT, CO. V. EXTERIOR DESIGN, INC.

No. CV BPG-15-871, 2016 WL 4555021 (D. Md. Sep. 1, 2016)
Plaintiff Under A Foot Plant, Co. ("plaintiff" or "UAFP") moves for partial summary judgment
on the issue of liability in this copyright infringement case against defendant Exterior Design,
Inc. ("defendant" or "EDI"). Currently pending before the court are: (1) Defendant Exterior
Design, Inc.'s Motion for Judgment on the Pleadings and to Strike ("Defendant's Motion") . . . ;
(2) Plaintiff Under A Foot Plant, Co.'s Motion for Partial Summary Judgment ("Plaintiff's
Motion") . . . ; (3) Defendant's Response in Opposition to Plaintiff's Motion ("Defendant's
Response") . . . ; (4) Plaintiff's Response in Opposition to Defendant's Motion ("Plaintiff's
Response") . . . ; (5) Defendant's Reply to Plaintiff's Response in Opposition ("Defendant's
Reply") . . . ; and (6) Plaintiff's Reply to Defendant's Opposition ("Plaintiff's Reply") . . . . For
the reasons stated below, Plaintiff's Motion is GRANTED IN PART and DENIED IN PART,
and Defendant's Motion is GRANTED IN PART and DENIED IN PART.
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Joshua L. Simmons
1. Plaintiff's Ownership . . . In sum, through its registration of the brochure and website, through
its subsequent registration of the twenty-one individual images, and in the absence of any
evidence to the contrary, the court finds that there is no genuine dispute of material fact as to
plaintiff's ownership of a valid copyright in the twenty-one images. Accordingly, plaintiff is
entitled to summary judgment on the first element of its copyright infringement claim.
2. Defendant's Copying . . . Plaintiff has not produced sufficient direct evidence of defendant's
copying so as to warrant summary judgment. The mere suggestion that "[t]his Court need only
look at Defendant's websites and other marketing material to see confirm [sic] what should be an
uncontroverted fact," does not by itself prove that defendant had access to or copied the
protected works. . . . While the publication of the images on plaintiff's website undoubtedly made
them available for anyone to access, plaintiff has not produced evidence that defendant accessed
the website.11 As plaintiff has not produced direct evidence "that the paths of the infringer and
the infringed work crossed," plaintiff is not entitled to summary judgment on this theory of
defendant's copying.
Contrary to defendant's argument, the court finds that the similarities between twelve (12) of
plaintiff's and defendant's works are sufficiently overwhelming as to preclude the possibility of
independent creation.
Preemption . . . Accordingly, defendant's motion for judgment on the pleadings as to plaintiff's

state law unfair competition (Count Two) and unjust enrichment (Count Three) claims is
GRANTED, and these claims shall be dismissed.
Eastern District of North Carolina
SAS INSTITUTE, INC., PLAINTIFF, V. WORLD PROGRAMMING LIMITED,

DEFENDANT.
No. 5:10-CV-25-FL, 2016 WL 3920203 (E.D.N.C. Jul. 15, 2016)
This matter comes before the court on defendant's motion for attorney's fees, made pursuant to
17 U.S.C. § 505. (DE 571). Plaintiff has responded in opposition and defendant has replied. The
motion is ripe for ruling. For the reasons that follow, the court denies defendant's motion.
Middle District of North Carolina
OLIVARES V. UNIVERSITY OF CHICAGO

No. 1:15CV713, 2016 WL 126757 (M.D.N.C. Jan. 11, 2016)
This matter is before the Court upon Defendants Margaret Greer (“Professor Greer”) and
Elizabeth Rhodes' (“Professor Rhodes”) (collectively “Defendants”) Opposed Motion to Compel
Interrogatory Responses from Plaintiff Julián Olivares (“Professor Olivares” and “Plaintiff”).
(Docket Entry 59.) . . .
- 36 -
Professors Greer and Rhodes seek complete responses to Interrogatories 2 and 3 which state the
following:
2. By page and line number, identify each portion of any work identified in response to
Interrogatory No. 1 that constitutes the original authorship of Olivares.
3. By page and line number, identify each portion of The Greer/Rhodes Work that constitutes the
original authorship of Olivares.
Defendants Greer and Rhodes contend that Plaintiffs responses are insufficient, mainly because
Professor Olivares' book “contains work that [he] does not even claim to have created” and that
Professor Olivares' “edition consists largely of text written centuries ago by María de Zayas y
Sotomayor.” (Defs.' Mot. at 4, Docket Entry 59.) Defendants further contend that Professor
Olivares only has “exclusive rights in his original, creative contribution (if any),” and “no
exclusive rights in Zayas' original text,” thus Professor Olivares should distinguish between his
contributions and that of the original Zayas text. (Id. at 4, 6.) Plaintiff contends that
Interrogatories 2 and 3 do not ask for such information, thus “Olivares cannot be ordered to
answer interrogatories that were not asked.” (Pl.'s Resp. Br. at 3, Docket Entry 63.) Professor
Olivares further contends that he has answered the interrogatories by identifying his entire work.
(Id.) . . .
At this stage, the Court finds Plaintiffs supplemental responses to be sufficient based upon the
questions posed in the interrogatories. Plaintiff identifies his entire novel as original authorship,
and identifies chapters and sections of his novel alleged to be infringed upon by Defendants.
Professors Greer and Rhodes may disagree with Plaintiff's response, but the Court finds that
Professor Olivares did fairly answer the interrogatories in his supplemental response.4 Thus, the
Court need not address Plaintiff's original objections to the interrogatories. Defendants' motion to
compel is denied.
OLIVARES V. UNIVERSITY OF CHICAGO

No. 1:15-CV-713, 2016 WL 5724825 (M.D.N.C. Sep. 30, 2016)
Julián Olivares ("Olivares") initiated this copyright infringement action in the United States
District Court for the Eastern District of Texas in October 2014. The case was subsequently
transferred to this Court. Before the Court are several motions filed by Defendants, including a
motion for summary judgment, various motions to dismiss, and a motion to strike Olivares'
request for statutory damages and attorney's fees. . . . For the reasons below, Defendants' Motion
for Summary Judgment as to Olivares' copyright infringement claim is denied; Defendants'
motions to dismiss claim two regarding infringing acts abroad and the Texas state-law tort claims
are granted; Defendants' motion to strike Olivares' requests for statutory damages and attorney's
fees is granted; and Defendants' motion to dismiss or transfer for lack of jurisdiction and venue is
denied as moot. . . .
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Joshua L. Simmons
Eastern District of Virginia
TAX INTERNATIONAL, LLC V. KILBURN AND ASSOCIATES, LLC

No. 4:15CV23, 2016 WL 70024 (E.D. Va. Jan. 5, 2016)
Before the Court are Defendants' Motions to Dismiss, ECF Nos. 4 and 10. On March 26, 2015,
Plaintiff Tax International, LLC filed this lawsuit alleging copyright infringement, trademark
infringement, false designation of origin, trade secret misappropriation, unfair competition,
tortious interference with business expectancy, and breach of contact against Defendants Kilburn
and Associates, LLC, Rasheme A. Kilbum, and Lance Taylor. The Court today addresses two
separate Motions to Dismiss: Defendant Lance Taylor's Motion to Dismiss the Complaint against
him in its entirety with prejudice (ECF No. 4) and Defendants Kilburn and Associates, LLC, and
Rasheme A. Kilburn's Motion to Dismiss the Complaint against them in its entirety and with
prejudice. The Court has reviewed the parties' submissions, the Complaint, relevant attachments,
and relevant law. Having determined that a hearing on the Motions is not necessary, this matter
is now ripe for judicial determination. For the reasons stated below, each Defendant's Motion to
Dismiss is DENIED. . . .
Plaintiff has alleged facts sufficient to state a cause of action for copyright infringement. Plaintiff
alleges that it is the owner of a valid copyright, and this Court on a Motion to Dismiss assumes
that to be true. Further, courts recognize that by alleging a valid copyright a Plaintiff establishes
the first prong of the copyright infringement test. Second, Plaintiff has sufficiently alleged that
Defendants copied and published certain portions of Plaintiffs copyrighted works without
authorization of Tax International. ECF No. 1 ¶ 49. Additionally, Plaintiff alleges that
Defendants had offered and provided tax preparation services that included usage of forms that
appear to be exactly like the forms used by Tax International, which Plaintiff alleges are
“substantially identical to Tax International's copyright-protected materials.” Id. ¶ 50. These
allegations are sufficient to state a claim upon which relief can be granted.
BMG RIGHTS MANAGEMENT (US) LLC V. COX COMMUNICATIONS, INC.

No. 1:14-CV-1611, 2016 WL 4224964 (E.D. Va. Aug. 8, 2016)
This case presents the question of whether a conduit internet service provider may be held liable
for the infringing activity of its subscribers based on the uploading and downloading of
copyrighted musical works using BitTorrent, a peer-to-peer file sharing network. The plaintiff in
this action, BMG Rights Management (US) LLC ("BMG"), seeks to hold Cox Communications,
Inc. and CoxCom, LLC (collectively, "Cox") secondarily liable for the reproduction and
distribution of 1,397 musical composition copyrights by users of Cox's high-speed internet
service between February 2, 2012 and November 26, 2014. After a two-week trial, a jury found
Cox not liable for vicarious infringement, but liable for willful contributory infringement. The
jury awarded BMG $25 million in statutory damages.
Pending before the Court are the parties' post-trial motions. Cox moves for judgment as a matter
of law or, alternatively, for a new trial. (Dkt. No. 760). BMG seeks judgment as a matter of law
- 38 -
on its claim of vicarious infringement as well as permanent injunctive relief. . . . For the reasons
that follow, the Court will deny all of the motions and enter final judgment in accordance with
the verdict.
Southern District of West Virginia
CSS, INC. V. HERRINGTON

No. CV 2:16-CV-01762, 2016 WL 4801156 (S.D.W. Va. Sep. 12, 2016)
Pending before the court is the plaintiff's Unopposed Motion to Alter or Amend Judgment and
for Leave to File First Amended Complaint . . . . The plaintiff filed its Unopposed Motion
pursuant to Rule 59(e) and Rule 15(a) of the Federal Rules of Civil Procedure. The plaintiff
requests the court to alter or amend its August 18, 2016, Memorandum Opinion & Order . . .
("Order") and Judgment Order [ECF No. 53] to permit the plaintiff to file an amended complaint.
. . . Upon review of the plaintiff's supporting memorandum, the court FINDS that no prejudice,
bad faith, or futility exists. The plaintiff's Unopposed Motion to Alter or Amend Judgment and
for Leave to File First Amended Complaint [ECF No. 56] is GRANTED.
Fifth Circuit
Court of Appeals for the Fifth Circuit
ROGERS V. RAYCOM MEDIA, INC.

No. 14-31074, 2016 WL 125321 (5th Cir. Jan. 11, 2016)
Edgar L. Rogers appeals the dismissal for failure to state a claim of his pro se civil suit alleging
that the defendants conspired to violate his federal and state rights in numerous ways. . . .
Rogers's claim that the defendants conspired to violate his copyright contains only conclusory
allegations that the defendants copied protected material. See id.; General Universal Sys., Inc. v.
Lee, 379 F.3d 131, 141–42 (5th Cir.2004). Indeed, the allegations of conspiracy, upon which all
of his claims are based, are entirely conclusory. See Taylor, 296 F.3d at 378. The district court,
therefore, did not err by dismissing Rogers's suit. Nor did the district court err by denying Rogers
the opportunity to amend his complaint, since his pleadings below and in this court show that
Rogers had already pleaded his “best case.” Bazrowx v.. Scott, 136 F.3d 1053, 1054 & n. 7 (5th
Cir.1998) (per curiam) (citing Jacquez v. Procunier, 801 F.2d 789, 792–93 (5th Cir.1986)).
GOOGLE, INC. V. HOOD

No. 15-60205, 2016 WL 1397765 (5th Cir. Apr. 8, 2016)
Mississippi's Attorney General, James M. Hood III, believes that internet giant Google may be
liable under state law for facilitating dangerous and unlawful activity through its online
platforms. Hood's conflict with Google culminated in his issuance of a broad administrative
subpoena, which Google challenged in federal court. The district court granted a preliminary
injunction prohibiting Hood from (1) enforcing the administrative subpoena or (2) bringing any
civil or criminal action against Google “for making accessible third-party content to internet
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Joshua L. Simmons
users.” Hood appeals, arguing that the district court should have dismissed Google's suit on a
number of threshold grounds, and in any event erred in granting injunctive relief. Expressing no
opinion on the merits, we vacate the injunction.
[Ed. Note: While this is not a copyright infringement decision, the underlying issues relate to
copyright and the opinion includes an extended discussion of that issue.]
Eastern District of Louisiana
HAHN V. HUNT
No. CV 15-2867, 2016 WL 1587405 (E.D. La. Apr. 20, 2016)
This is a copyright infringement case. It was originally filed in state court and removed to this
court based upon federal question jurisdiction. In this case, plaintiff P. J. Hahn alleges that
defendants, artist Michael Hunt and two of his corporate entities (hereinafter collectively
"Hunt"), used Hahn's copyrighted photographs of "various native shorebirds," . . . , to produce
and profit from certain print/lithographs allegedly marketed by Hunt through Ducks Unlimited
without obtaining permission to use plaintiff's copyrighted material.
Two motions are pending before me. Both are related to subpoenas and a deposition notice
seeking testimony and production of documents and electronically stored information from
Alexander Ellsworth, an individual named by Hunt as a witness, . . . , but who is not a party to
this litigation. The motions are (1) Ellsworth's Motion to Quash or, Alternatively, for a Protective
Order, . . . , and (2) Defendants' Motion to Compel Compliance with Subpoenas and,
Alternatively, for Contempt, . . . . Movant submitted a supplemental memorandum, . . . , and both
sides filed written opposition memoranda. . . . . Movant was permitted to file a reply
memorandum. . . . . Oral argument was conducted on April 20, 2016.
Although the current dispute is obviously limited to that which is pending before this court, it is
informed by the fact that those involved have also been engaged in two separate state court
actions. It is clear from the records of these state court actions attached to Ellsworth's motion, . . .
, that those proceedings have been vitriolic and virulently litigated. Those state court actions
have nothing legally and little factually to do with this federal copyright infringement claim.
Having considered the record, the written submissions of the parties, the oral argument of
counsel, and the applicable law, IT IS ORDERED that Ellsworth's motion is GRANTED as to
the subject subpoenas. For the following reasons, the subpoenas are quashed, and Ellsworth's
deposition and document production, if any, will be subject to the court's protective and
modification order contained herein. Defendants' motion is DENIED in all respects, except that it
is GRANTED IN PART insofar as it seeks an order scheduling Ellsworth's deposition.
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FIRST AMERICAN BANKCARD, INC. V. SMART BUSINESS TECHNOLOGY, INC.

No. CV 15-638, 2016 WL 5869787 (E.D. La. Oct. 7, 2016)
Before the Court is the Motion to Dismiss . . . that was filed by Smart Business Technology, Inc.
("SBT"), Serafin Fuente ("Fuente") and Carlos Romero ("Romero") (SBT, Fuente and Romero
are collectively referred to as "Defendants") pursuant to Federal Rule of Civil Procedure
12(b)(6). Plaintiff First American Bankcard, Inc. ("Plaintiff" or "FABI") opposes the motion. . . .
The Court granted Defendants' leave to reply to Plaintiff's opposition. . . . Upon review of the
record, the arguments of the parties, and applicable law, the Court DENIES the motion, as set
forth below.
Plaintiff has alleged that Defendants have wrongfully withheld the tangible data of "certain
proprietary customer data and related account information" including "the fully-populated
configuration tables, customer lists, and financial records." . . . Plaintiff has made allegations
regarding specific tangible items being withheld by the Defendants that are rightfully owned by
Plaintiff: the input data necessary for the software to run as anticipated, and the historical data
output of the software. Plaintiff has not alleged that Defendants have used, reproduced, or
distributed this data other than in an agreed upon manner. Thus, while the alleged conversion
claim covers materials that would fall under the Copyright Act, the rights sought to be protected
by the conversion claim are not equivalent to any of the exclusive rights of a federal copyright,
and are therefore, not preempted.
SCHURR V. MOLACEK
No. CV 15-7135, 2016 WL 6680287 (E.D. La. Nov. 14, 2016)
Before the Court are Defendants' Motion for Summary Judgment . . . . Plaintiffs' maps display
the necessary level of originality to enjoy copyright protection. . . . Plaintiffs have not identified
specific evidence in the record to show factual copying and substantial similarity-elements
essential to their claim of copyright infringement. Accordingly, summary judgment is granted on
this claim.
Middle District of Louisiana
CAIN V. HALLMARK CARDS, INC.

No. 3:15-00351-JWD-EWD, 2016 WL 3189231 (M.D. La. Jun. 6, 2016)
Before the Court is the Motion for Summary Judgment ("MSJ"), (Doc. 16), filed by Hallmark
Cards, Inc. ("Hallmark" or "Defendant"). Ms. Telisha M. Cain ("Cain" or "Plaintiff") has
countered with the Memorandum in Opposition to Summary Judgement ("Opposition"). (Doc.
20.) Hallmark has responded with a Reply Memorandum in Support of Motion for Summary
Judgment ("Reply"). (Doc. 22.) The crux of the dispute between Plaintiff and Defendant
(collectively, "Parties"), as articulated in the MSJ, Opposition, and Reply (collectively,
"Motions"), is a twenty-line poem, penned in free verse, by two seemingly different hands seven
years apart.
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Joshua L. Simmons
Briefly summarized, the MSJ advances a simple argument based on a single asserted fact, one
supported by the affidavits, drafts, and other materials appended as exhibits to this dispositive
motion. Because an employee of Hallmark, Ms. Diana Manning ("Manning"), wrote a certain
poem ("Hallmark's Poem") in 1998 in her capacity as one of Defendant's many contract writers
and her employer commenced utilizing it in 1999, Hallmark could not have copied Plaintiff's
substantively identical version ("Plaintiff's Poem"), first written in 2005 and published on May
19, 2005. Based on this uncontroverted fact, Hallmark cannot be liable for copyright
infringement in violation of the Copyright Act of 1976 ("Act").1 With Plaintiff having provided
no evidence to dispute this central claim, she has failed to clear the minimum hurdle set forth in
Federal Rule of Civil Procedure 56,2 and Defendant merits summary judgment in its favor.
Naturally, Plaintiff contends otherwise. Conceding that she created and published Plaintiff's
Poem no earlier than the spring of 2005 on www.poetry.com ("Website"), she nonetheless
contends that she is the rightful owner of Hallmark's Poem, her uncontested copyright having
been infringed by Defendant's nearly indistinguishable poem.
On this issue, the Act, as originally written and as long construed, is clear. A plaintiff alleging
copyright infringement bears the burden of proving not only ownership of a valid copyright but
also the copying by the relevant defendant of constituent elements of an original work that has
been so protected. As Plaintiff has not provided more than conclusory assertions and
unsubstantiated allegations regarding these threshold requirements after the end of fact
discovery, no evidence for the non-movant on essential elements of her claim can be mined from
a now closed record. As a matter of law, however, Rule 56 demands more than a scintilla. For
these reasons, as more fully detailed below, the MSJ must be granted.
Southern District of Mississippi
RONALDO DESIGNER JEWELRY, INC. V. PRINZO

No. 5:14-CV-73(DCB)(MTP), 2016 WL 4998302 (S.D. Miss. Sep. 19, 2016)
This cause is before the Court on the plaintiff Ronaldo Designer Jewelry, Inc. ("Ronaldo")'s
Motion for Preliminary Injunction . . . . Ronaldo shows that its copyright, trademark, and trade
dress infringement case has a high probability of success on the merits. Ronaldo and its
predecessor-in-interest, Gold Craft Fashions, Inc. ("Gold Star"), have sold millions of items to
jewelry stores and major retailers, generating millions of dollars in annual revenue in thirty-five
states and five countries. . . . Prinzo, as a former employee of Gold Craft, learned to make
company-owned-and-designed jewelry and also served as a dealer of Gold Craft's products. . . .
In 1994, Gold Craft and Prinzo terminated their relationship. The parties entered into a Mutual
Release Agreement which does not grant Prinzo any right to sell or license intellectual property
rights including any copyright or other rights to reproduce, sell or license jewelry design works,
Trade Dress, or catalogs owned by Ronaldo and/or Gold Craft. . . . Ronaldo also asserts that it
has learned that Prinzo is selling unauthorized copies of Ronaldo's Works, and is misrepresenting
to jewelry retailers and other potential customers that he has the right to sell jewelry items
depicted in Ronaldo's catalogs. . . .
- 42 -
MADISON COUNTY, MISSISSIPPI V. WARNOCK

No. 3:16-CV-240-CWR-FKB, 2016 WL 5173396 (S.D. Miss. Sep. 21, 2016)
Before the Court are plaintiff Madison County's Motion to Remand and the third-party
defendants' Motion to Dismiss. . . . Here, Warnock's counterclaims are the same claims
previously alleged in his lawsuit against Madison County. . . . In that case, this Court concluded
that it possessed subject matter jurisdiction over Warnock's claims because they arose under the
Copyright Act. . . . Because the original claims and the counterclaims are the same, the Court
finds that it has subject matter jurisdiction over Warnock's counterclaims and supplemental
jurisdiction over Madison County's state law claims.
Southern District of Texas
GEOPHYSICAL SERVICES, INCORPORATED V. TGS-NOPEC GEOPHYSICAL

SERVICES
No. CV 14-1368, 2016 WL 30294 (S.D. Tex. Jan. 4, 2016)
The remaining issue in this copyright-infringement action is whether TGS is entitled to an award
of the attorney's fees and costs it incurred and, if so, how much. TGS seeks $170,706.00 in
attorney's fees and $236.95 in costs. (Docket Entry No. 45). Geophysical has responded, and
TGS has replied. (Docket Entry Nos. 46, 47, 50). Based on the motion, response, and reply; the
record; and the applicable law, the court grants in part and denies in part TGS's motion, awarding
$132,888.00 for the fees it reasonably expended in defending this action, and $236.95 in taxable
costs.
BROADCAST MUSIC, INC. V. HOMESTEAD CLUB VENTURES, LLC

No. G-13-427, 2016 WL 393735 (S.D. Tex. Feb. 2, 2016)
Before the Court is the Motion for Summary Judgment (Instrument no. 30) of Broadcast Music
Inc. et al. (BMI); the Motion seeks judgment against Defendants Homestead Club Ventures, LLC
d/b/a Rose Country Club, Patricia F. Kupritz and Hylton Kupritz. . . .
According to the Defendants, the lack of a license to authorize the public performance of
copyrighted materials is undermined by the implied authority they have by virtue of the Parties'
agreement to agree to a license pending the resolution of the occupancy issue. This Court
disagrees. It is beyond dispute that an agreement to agree is unenforceable unless it is definite
and certain upon all subjects to be embraced in the future in agreement. . . .
The Defendants next argue that they cannot be held vicariously liable for infringement. Hylton
Kupritz admits that he had a direct financial interest in and the authority to manage the Rose
Country Club. Those undisputed facts establish the elements of vicariously liability in an
infringement action, . . . , but, in an attempt to avoid litigation, Hylton Kupritz "denies that he
authorized or declined to stop the alleged infringement." The Court will not condone this attempt
for at least three reasons. First, almost one year after the October 2010 contact by BMI about the
need for a license the Club was advertising that karokee was available every Thursday, Friday
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Joshua L. Simmons
and Saturday. Second, the claims pursued by BMI are based solely upon five songs witnessed by
BMI's investigator on October 20, 2011. Third, Hylton Kupritz has previously sworn that on
some unidentified occasion a live band, albeit at a customer's persistent requests, performed
infringing music at the Club. It is apparent Hylton Kupritz knew that periodic infringement was
occurring, but even ignorance of the infringing performances would not "blunt vicariously
liability."
DAVINCI EDITRICE S.R.L. V. ZIKO GAMES, LLC

No. CV H-13-3415, 2016 WL 1672519 (S.D. Tex. Apr. 27, 2016)
The plaintiff, DaVinci Editrice S.R.L., sued Yoka Games and its United States distributor, ZiKo
Games, LLC, alleging that Yoka's card game, Legends of the Three Kingdoms ("LOTK"),
copied protected features of DaVinci's card game, Bang! DaVinci asserted claims against Yoka
and ZiKo under the Copyright Act of 1976 and Texas unfair competition law. . . .
The undisputed summary judgment evidence shows that Bang!'s characters, roles, and
interactions are not substantially similar to those in LOTK. The aspects of the roles, characters,
and interactions that are similar are not expressive, and aspects that are expressive are not
substantially similar. ZiKo and Yoka are entitled to summary judgment of noninfringement.
ALFA LAVAL INC. V. FLOWTREND, INC.

No. CV H-14-2597, 2016 WL 2625068 (S.D. Tex. May. 9, 2016)
This case is before the Court on the Motion for Partial Summary Judgment [Doc. # 56] filed by
Plaintiff Alfa Laval, Inc. ("Alfa Laval"), to which Defendants Flowtrend, Inc. ("Flowtrend"),
Joseph Allman, Jan Hansen and Steven Stovall filed a Response [Doc. # 63], and Plaintiff filed a
Reply [Doc. # 71]. Also pending is Defendants' Motion for Summary Judgment [Doc. # 59], to
which Plaintiff filed an Opposition [Doc. # 66], and Defendants filed a Reply [Doc. # 67]. . . .
Having reviewed the record and the applicable legal authorities . . . The Court grants Defendants'
Motion for Summary Judgment as to the Copyright Act claim . . . .
In this case, Alfa Laval has admitted that it was aware as early as 2009 that the Copyrighted
Materials were on Flowtrend's website. By May 2010, Alfa Laval knew that a customer of
affiliate Alfa Laval Benelux had downloaded the Copyrighted Materials from Flowtrend's
website. Plaintiff did not file this lawsuit until September 9, 2014, well beyond the three-year
statute of limitations. . . . There is no evidence that Defendants engaged in new acts of copyright
infringement after it originally posted the Copyrighted Materials on its website, which occurred
by 2009. There is no evidence cited by Plaintiff to suggest that Defendants reposted the
Copyrighted Materials after the original posting in 2009. Although others may have downloaded
the Copyrighted Material after that date, Defendants are "only liable for [their own] acts of
infringement committed within three years prior to Plaintiff's lawsuit." . . .
- 44 -
Plaintiff's claim under the Copyright Act is barred by the applicable three-year statute of
limitations. As a result, Defendants are entitled to summary judgment on the claim. For the same
reason, Plaintiff's motion for summary judgment on the Copyright Act claim is denied.
FAROUK SYSTEMS, INC. V. AG GLOBAL PRODUCTS, LLC

No. CV H-15-0465, 2016 WL 6037231 (S.D. Tex. Oct. 14, 2016)
This case is before the Court on the Motion for Attorney's Fees and Costs ("Motion for Fees")
[Doc. # 62] filed by Defendants AG Global Products, LLC d/b/a FHI Heat LLC ("AG") and
Shauky Gulamani, to which Plaintiff Farouk Systems Inc. ("Farouk") filed a Response [Doc. #
66], and Defendants filed a Reply [Doc. # 67]. Having carefully reviewed the full record and
governing legal authorities, the Court grants the Motion for Fees.
Western District of Texas
WORKSTEPS, INC. V. PROGRESSIVE HEALTH REHABILITATION, INC.

No. A-14-CV-0601-LY-ML, 2016 WL 297747 (W.D. Tex. Jan. 22, 2016)
Before the Court are Plaintiff's Motion for Partial Summary Judgment [Dkt. #23] and
Defendants' Motion to Allow Discovery Under Rule 56(b) [Dkt. #33].1 The undersigned
conducted a hearing on the motions, at which the parties were represented by counsel, on
Thursday, January 7, 2016. After considering the argument presented at the hearing and
reviewing the pleadings, the relevant case law, as well as the entire case file, the undersigned
issues the following Report and Recommendation to the District Court. . . .
In this case, Progressive Health has demonstrated in its Response and in its Motion to Allow
Discovery that material fact issues exist as to key elements of liability in this case. It may well be
that summary judgment is appropriate on some or all of the issues raised by WorkSteps once the
underlying factual record has been developed, but there are contested issues of fact as to the
scope of copyright protection, the statute of limitations, and even whether Progressive Health
created the documents alleged to infringe WorkSteps' copyright. On this record, further
discovery is necessary before any meaningful consideration of the summary judgment motion
can be had.
JANE ENVY, LLC V. INFINITE CLASSIC INC.

No. SA:14-CV-081-DAE, SA:14-CV-083-DAE, SA:14-CV-065-DAE, 2016 WL 797612 (W.D.
Tex. Feb. 26, 2016)
Before the Court is a Motion for Summary Judgment filed by Plaintiff Jane Envy, LLC
(“Plaintiff” or “Jane Envy”). (Dkt. # 69.) On February 22, 2016, the Court heard oral argument
on the Motion. Daniel Harkins, Esq., appeared at the hearing on behalf of Plaintiff; Jim Darnell,
Esq., local counsel for Defendants Infinite Classic Inc. and Baek H. Kim (collectively,
“Defendants” or the “Infinite Defendants”) did not make an appearance. After reviewing the
Motion and the supporting and opposing memoranda, and considering the parties' arguments at
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Joshua L. Simmons
the hearing, the Court GRANTS IN PART AND DENIES IN PART Plaintiff's Motion for
Summary Judgment. . . .
Beginning in late 2013, Plaintiff learned that Infinite was allegedly selling unauthorized copies
of jewelry items from Jane Envy's copyrighted collections using an online store. . . . Plaintiff's
Amended Complaint claims that Infinite is selling unauthorized copies of at least twenty-two
jewelry items from seven of its copyrighted jewelry collections. . . . Plaintiff's Amended
Complaint alleges seven counts of copyright infringement for seven of its twelve copyrighted
jewelry collections, and associated claims for damages under 17 U.S.C. § 504. . . . Plaintiff's
Amended Complaint also alleges a cause of action for other, non-specific infringements of Jane
Envy's copyrights by the Infinite Defendants. . . .
The Court DENIES the motion with respect to Jane Envy Item Nos. 7599N-SL, 7600N-SL,
7599N-GD, 7546N-IV, 7616E-IV-GOLD, and 8105E for failure to satisfy the originality
requirement. The claims related to these items are DISMISSED WITH PREJUDICE.
The Court DENIES the motion with respect to Jane Envy Item No. 7789N–INFINITY due to the
insufficiency of the evidence before the Court. The Court DENIES the motion with respect to
Jane Envy Item Nos. 7682N-GD, 7891N-TQ-CROSS, 7891N-IV-CROSS-GD, 7728E-IV-
GOLD, 7728E-TQ-GOLD, 7815N-COIN, 7815N-CROSS, 7819N, 8166 E-ARROWHEAD, and
8192 B-WING, because a genuine issue of material fact exists as to the second element of the
copyright infringement claim for each of these items.
The Court GRANTS Plaintiff's claim for copyright infringement with respect to Jane Envy Item
Nos. 8076N-HOPE, 8076N-BLESSED, 8076N-DREAM, 8076N-FAITH, 8076N-LOVE, finding
that the allegedly infringing Infinite Classic Items are so strikingly similar that no genuine issue
of material fact exists regarding infringement of these items. The Court awards statutory
damages in the amount of $120,000.00 pursuant to §§ 504(c)(1) & (c)(2).
The Court further DISMISSES WITHOUT PREJUDICE Plaintiff's claim for copyright
infringement of Registration No. VA-1-872-140, as well as Plaintiff's general claim for copyright
infringement of its copyrightable designs.
JANE ENVY, LLC VS. INFINITE CLASSIC INC.

No. SA:14-CV-065-DAE, SA:14-CV-081-DAE, SA:14-CV-083-DAE, 2016 WL 5373035
(W.D. Tex. Sep. 26, 2016)
Before the Court is a Motion for Sanctions filed by Plaintiff Jane Envy, LLC ("Plaintiff" or "Jane
Envy") . . . . The Court referred the matter to Magistrate Judge John W. Primomo, who issued a
Memorandum and Recommendation on the Motion . . . . Defendants Infinite Classic, Inc.
("Infinite") and Baek H. Kim ("Kim") (collectively, "Infinite Defendants") filed a declaration
objection to the Recommendation. . . . Below, the Court also considers the Infinite Defendants'
Motion for Reconsideration of this Court's summary judgment order . . . . Finally, the Court
considers Jane Envy's Motion to Dismiss remaining claims . . . .
- 46 -
The general sanctions amounts are VACATED, and the Infinite Defendants are ORDERED to
pay $2,627.25 for failure to timely comply with written discovery, and further ordered to pay
$8,364.00 for their failure to appear at their noticed depositions. Accordingly, the Infinite
Defendants must pay $10,991.25 as a Rule 37 Sanction for their abuse of the discovery process. .
..
Accordingly, to the extent the Infinite Defendants request that this Court vacate its prior orders to
pay attorneys' fees, this motion is DENIED . . . . The Infinite Defendants remain liable to pay
$8,149.00 in connection with Motion to Set Aside Default, and $3,745.00 in connection with the
Motion to Compel.
Sixth Circuit
Court of Appeals for the Sixth Circuit
BRUMLEY V. ALBERT E. BRUMLEY & SONS, INC.

No. 15-5429, 2016 WL 2848668 (6th Cir. May. 16, 2016)
Albert Brumley, author of the gospel song "I'll Fly Away," assigned the song's copyright to his
son Robert. That is something federal copyright law allows. During the term of a copyright, an
author has relatively free rein: He may use it himself, he may assign or sell it to someone else, or
he may license it to another. . . .
Robert may have thought that he would retain control of the copyright as long as it (and he)
existed. Federal copyright law says otherwise. One of "the more unusual provisions in the
Copyright Act," . . . allows songwriters (or their descendants) to terminate the songwriter's
assignment of a copyright to another party . . . . Termination allows the descendants to reap anew
the profits from the copyright, a fruitful option if the author's work increases in value over time.
Four of Brumley's six children now attempt to terminate his assignment to their brother, Robert.
Because the four children have complied with the Copyright Act in exercising this right, we (like
the district court) uphold their termination.
SONY/ATV PUBLISHING, LLC V. MARCOS

No. 15-6108, 2016 WL 3194697 (6th Cir. Jun. 9, 2016)
This appeal challenges a preliminary injunction enjoining karaoke recording distributor 1729172
Ontario, Inc. and its president (collectively Ontario) from using musical compositions to which
Sony/ATV Publishing, LLC and EMI Music Publishing, Ltd. (collectively Publishers) claim
various ownership interests. Discerning no abuse of discretion, we uphold the injunction.
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Joshua L. Simmons
MURPHY V. LAZAREV
No. 15-6100, 2016 WL 3426025 (6th Cir. Jun. 22, 2016)
The instant appeal arises out of several claims brought by Taryn Murphy and Chris Landon
(plaintiffs) against Sergey Lazarev, who the plaintiffs allege infringed their copyright to "Almost
Sorry," a song they co-authored. In a prior appeal, noting that the plaintiffs never entered into
any agreement with Lazarev, we concluded that as a result of several agreements between
Lazarev and Style Records (Style), a Moscow-based record label, and between Style and the
plaintiffs, Lazarev had a valid sublicense to record and perform "Almost Sorry" from 2006 until
May 2013. Therefore, he did not infringe plaintiffs' copyright. Thereafter, the district court
granted Lazarev's motion for attorneys' fees and costs, concluding that the plaintiffs' lawsuit was
frivolous and their pursuit of claims against Lazarev was both legally and factually unreasonable.
The plaintiffs filed a timely notice of appeal. We affirm.
Western District of Kentucky
HUMPHREYS & PARTNERS ARCHITECTS, L.P. V. HRB LOUISVILLE LLC

No. 3:14-CV-00706-CRS, 2016 WL 502059 (W.D. Ky. Feb. 8, 2016)
Plaintiff Humphreys & Partners Architects, L.P. (“Humphreys”) brought suit alleging copyright
infringement against Defendants HRB Louisville LLC; HRB Louisville Member LLC;
Royal/Buck Company LLC, Buck SH Company, LLC, The John Buck Company, LLC, Buck
Development Louisville, LLC, Buck Development, LLC and TJBC, Inc.; Henneman
Engineering Inc.; and Royal Apartments USA, Inc. (collectively, the “Defendants”). Humphreys
now moves for partial summary judgment on the issue of whether it owns a valid copyright. For
the reasons below, the Court will grant Humphreys' motion. . . .
Humphreys has submitted six copyright registrations from the United States Copyright Office
relating to the 12101 Louisville Design. . . . Humphreys has also submitted seven copyright
registrations related to prior works that Humphreys used as a source for elements of the 12101
Louisville Design. . . . Humphreys completed these works in 2012, within five years of the
Copyright Office issuing certificates of registration in 2014. Furthermore, as additional evidence
of ownership, Humphreys provided affidavits supporting the authorship and originality of the
12101 Louisville Design.
Defendants have not offered any evidence to rebut the presumption of a valid copyright or even
dispute the additional evidence of copyright ownership. . . . As a matter of law, Humphreys owns
a valid copyright to the 12101 Louisville Design.
Defendants further argue that a certification of registration is merely a presumption and is

rebuttable. This is correct as a matter of law. However, Defendants have not attempted to rebut
this presumption and Humphreys has provided evidence of copyright ownership beyond the
certificates of registration. . . .
Lastly, Defendants argue that Humphreys is seeking summary judgment on a matter not in
controversy: whether Humphreys owns a valid copyright for the works that were a source for
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some elements of the 12101 Louisville Design. The Court, however, construes Humphreys'
motion for summary judgment to be limited to the issue of whether it owns a valid copyright to
the 12101 Louisville Design. Humphreys' introduction of the additional certificates of
registration was to provide evidence that it owned the copyright to elements previously included
in other copyrighted designs and subsequently included in the Louisville Design.
Eastern District of Michigan
MAHAVISNO V. COMPENDIA BIOSCIENCE, INC.

No. 213CV12207SFCMAR, 2016 WL 716866 (E.D. Mich. Feb. 23, 2016)
This is a case alleging copyright infringement and breach of contract. Before the Court are
Defendant Compendia Bioscience, Inc.'s Motion for Summary Judgment or Partial Summary
Judgment (Doc. #89) and Defendant Life Technologies Corporation's Motion for Summary
Judgment or Partial Summary Judgment (Doc. #90). The motions have been fully briefed by the
parties, and the Court heard oral argument.
For the reasons set forth below, the Court shall GRANT IN PART and DENY IN PART
Defendants' motions for summary judgment or partial summary judgment. . . .
The Court finds that the three elements for an implied license have been satisfied in this case and
that the undisputed facts show that Plaintiff created and gave his computer software code to
Compendia with the intent that Compendia use the software in its products.
GENERAL MOTORS L.L.C. V. AUTEL.US INC.

No. 14-14864, 2016 WL 1223357 (E.D. Mich. Mar. 29, 2016)
Plaintiffs General Motors L.L.C. and GM Global Technology Operations L.L.C., (collectively
“GM”) filed this lawsuit against Defendants Autel.US Inc., Autel Intelligent Technology Co.,
Ltd., (collectively “Autel”)1 and Gary DeLuca on December 12, 2014, asserting various claims,
including trademark and copyright infringement, circumvention of security measures, computer
intrusion, breach of contract misappropriation of trade secrets, and unjust enrichment.
(Complaint, Dkt. 1). On March 20, 2015, Defendants filed this partial motion to dismiss. (Dkt.
15). Following full briefing, the Court heard oral argument on December 3, 2015. For the
reasons that follow, Defendants' motion to dismiss is DENIED. . . .
GM's complaint does not claim that Autel is circumventing its technological means for the
purposes of achieving interoperability with Autel's independently created computer programs. It
claims that Autel is taking GM's software and making an illegal copy of it—not that Autel is
circumventing its technological security measures for the purpose of achieving interoperability
with an independently created computer program. (Complaint, ¶¶ 184-85). This provision is
further inapplicable because GM claims that Autel's actions constitute infringement under the
DMCA.
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Joshua L. Simmons
Because GM has not plead itself into the reverse engineering provisions, Defendants' motion to
dismiss Counts IV and V is denied.
FORD MOTOR COMPANY V. AUTEL US INC.

No. 14-13760, 2016 WL 3569541 (E.D. Mich. Jul. 1, 2016)
Pending before the Court is Autel's partial motion to dismiss, which was filed on November 20,
2015. (Dkt. 29). Autel seeks dismissal of five of the nine counts alleged in Ford's complaint.
Following full briefing, the Court heard oral argument on January 27, 2016. For the reasons
explained below, Autel's motion to dismiss is GRANTED IN PART and DENIED IN PART. . . .
Here, Ford has identified specific products and actions that infringe on its copyrights. Ford
claims that Autel's MaxiDAS product contains an unlawfully obtained copy of the Calid file.
(Dkt. 28, p. 9). More specifically, it claims that the copy is contained in Autel's "autel_01.tab"
file. (Id.) Ford also alleges that the MaxiDAS contains a copy of "all or a substantial portion" of
its Mnemonics file, within Autel's "en_text.tab" file. (Id. at pp. 30-31). Ford need not prove its
copyright infringement claims in its complaint. Ford has alleged facts in the Second Amended
Complaint that sufficiently plead copyright infringement as to both the Calid file and the
Mnemonics file. Accordingly, Autel's motion to dismiss Count One is DENIED.
In Count Two, Ford claims that Autel has violated the DMCA, codified at 17 U.S.C. § 1201 et
seq. Although not specified in the Second Amended Complaint, Ford appears to claim that Autel
has violated §§ 1201(a)(1)-(2). . . . Ford has failed to plead a claim under either of these
provisions. Ford claims that the IDS contains various data compilations, including the FFData
file. . . . It alleges that the FFData file consists of trade secrets, and that it protects its trade
secrets through encryption and obfuscation technology. . . . Ford further contends that Autel
developed or used the PARSEALL.EXE program to circumvent its technological security
measures and access the FFData file as well as other data from the IDS. . . . .
This is insufficient to state a claim because Ford does not allege that the FFData file is
copyrighted. Nor does Ford allege that its copyrights, including the Calid file or the Mnemonics
file, are contained within the FFData file. Therefore, while Ford has alleged that Autel
circumvented its technological security measures to improperly access its trade secrets in the
form of the FFData file, it has not alleged that Autel circumvented its security measures to access
a copyrighted work. Autel's motion to dismiss Count Two is GRANTED.
EGGLESTON V. DANIELS
No. 15-11893, 2016 WL 4363013 (E.D. Mich. Aug. 16, 2016)
In this copyright infringement case, Plaintiff Sophia Eggleston ("Plaintiff" or "Eggleston")

alleges that her self-characterization in her 2009 memoir The Hidden Hand was the uncredited
inspiration for the character Loretha "Cookie" Lyon on the FOX television series Empire. . . .
- 50 -
[A]ll Defendants seek to dismiss Plaintiff's First Amended Complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. . . .
Defendants' motion to dismiss will be GRANTED IN PART as to Count II only and DENIED as
to the remaining Counts. . . . Plaintiff's allegation that there are substantial similarities between
these two works with respect to the characterization of Sophia Eggleston as depicted in the
Hidden Hand and the fictional character Cookie Lyon as depicted on Empire is plead with
sufficient facts to make it reasonable to expect that discovery may reveal evidence of copyright
infringement and is therefore sufficiently plausible to survive a motion to dismiss.
GENERAL MOTORS LLC V. DORMAN PRODUCTS, INC.

No. 15-12917, 2016 WL 5661578 (E.D. Mich. Sep. 30, 2016)
Plaintiffs General Motors LLC and GM Global Technology Operations LLC commenced this
action in this Court on August 17, 2015, alleging that Defendants Dorman Products, Inc. and
Electronics Manufacturing Company, LLC have violated the Copyright Act, 17 U.S.C. § 101 et
seq., and the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 1201 et seq., by making
and selling vehicle control modules that contain unauthorized copies of Plaintiffs' copyrighted
software, and by overriding the security measures used in Plaintiffs' vehicle control modules in
order to program these modules with unauthorized copies of Plaintiffs' copyrighted software. . . .
Defendants have filed the present motion to dismiss Plaintiffs' amended complaint, arguing that
Plaintiffs' "vague" and "conclusory" allegations in support of their claims fail to meet the
purportedly heightened pleading standard adopted by the Sixth Circuit for claims of copyright
infringement. . . . In response, Plaintiffs deny that any such heightened pleading standard
governs their claims, and they contend that their allegations suffice to state plausible claims for
relief under the Copyright Act and the DMCA. . . .
[T]he allegations of Plaintiffs' amended complaint are sufficient to support a plausible finding in
their favor as to one, but not both, of the elements of a claim of copyright infringement. It
follows that this claim as presently pled is subject to dismissal. . . .
The plain language of the DMCA provision cited in Plaintiffs' amended complaint prohibits the
circumvention of technological measures that "effectively control[ ] access to a work protected
under" copyright law. . . . Here, in contrast, Plaintiffs allege that Defendants circumvented a
technological measure that controls access to vehicle control modules, and not the copyrighted
software that Plaintiff loads onto these modules. Consequently, count II of Plaintiffs' amended
complaint as presently pled does not state a claim for relief under the DMCA. Once again,
however, Plaintiffs are granted leave to amend their complaint in order to cure this deficiency.
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Joshua L. Simmons
WOLF V. OAKLAND UNIVERSITY

No. 15-CV-13560, 2016 WL 7048812 (E.D. Mich. Dec. 5, 2016)
In this copyright infringement case, Plaintiff Alisa Wolf, Ph.D., alleges that Defendants violated
the Copyright Remedy Clarification Act ("Copyright Act"), 17 U.S.C. § 511(a), by using her
copyrighted written curriculum without permission or payment. Defendants have filed a motion
for partial summary judgment . . . , contending that they are entitled to sovereign immunity under
the Eleventh Amendment and cannot be held liable for damages under the Copyright Act. A
hearing on the motion was held on July 14, 2016, following which the parties submitted
supplemental briefs on the issue of capacity . . . .
For the reasons stated above, the Court grants in part and denies in part Defendants' motion for
partial summary judgment . . . . On the one hand, Oakland University is entitled to sovereign
immunity under the Eleventh Amendment and cannot be held liable for monetary damages under
the Copyright Act. On the other hand, Sweeney and Rohrbeck-who are sued in their personal
capacities-are not entitled to sovereign immunity.
Northern District of Ohio
EBERHARD ARCHITECTS, LLC V. BOGART ARCHITECTURE, INC.

No. 1:14 CV 1185, 2016 WL 1618105 (N.D. Ohio Apr. 22, 2016)
This matter is before the Court upon Defendant The Albert M. Higley Company's Motion to
Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6), or in the Alternative, Motion to
Bifurcate Pursuant to Federal Rule of Civil Procedure 42(b) . . . . For the following reasons, the
Motion to Dismiss is DENIED and the Motion to Bifurcate is GRANTED as to discovery only. .
..
In applying the test, the Court finds that it has jurisdiction over this matter. The complaint sounds
in copyright infringement and expressly alleges such infringement by the defendants. In
response, the Contractor Defendants argue that they are not infringers because the Agreement
provided them with a nonexclusive license to use the IOS. The existence of a nonexclusive
license, however, is a defense to a copyright infringement claim. . . . Defenses are not considered
under the T.B. Harms test in determining whether jurisdiction lies. Additionally, plaintiff seeks
remedies afforded under the Copyright Act that are not available with respect to plaintiff's breach
of contract claim. . . . Because the complaint is for a remedy expressly granted by the
[Copyright] Act, this Court has jurisdiction over this matter. . . .
The Contractor Defendants move to dismiss the copyright claim on the grounds that plaintiff
granted them a nonexclusive license to use the IOS and a nonexclusive license is a "complete
defense" to a copyright infringement claim. . . . The problem with the Contractor Defendants'
argument is that Lifecare agreed that the license terminates if plaintiff "rightfully" terminates the
Agreement. These defendants cite a number of cases in which courts have repeatedly held that a
failure to pay invoices does not give rise to a copyright infringement claim. These cases,
however, focus on the parties' intent. And, with the exception of one case, none of them
contained an agreed upon termination provision expressly directed at the termination of the
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license. Here, by agreement of the parties, the nonexclusive license ceased to exist upon
plaintiff's rightful termination of the Agreement. The Contractor Defendants cite no law
suggesting that a copyright infringement claim will not lie even though the license was
terminated in a manner agreed to by the parties. Based on the submissions of the parties and at
this stage in the litigation, the Court cannot say that dismissal is warranted. Having so concluded,
the Court need not reach plaintiff's "law of the case" argument.
PHILPOT V. TOLEDO RADIO, LLC

No. 3:15CV1401, 2016 WL 5118282 (N.D. Ohio Sep. 21, 2016)
This is a copyright suit under 17 U.S.C. § 101, et seq. and the Digital Millennium Copyright Act,
17 U.S.C. § 1201, et seq. . . . Pending are counter-motions for summary judgment. . . . For the
reasons that follow, I deny both parties' motions for summary judgment.
After considering these factors in light of the evidence in the record, I cannot conclude
reasonable minds could come to but one conclusion concerning whether defendant's publication
of the Nelson Photo constituted fair use. Thus, it is an issue for the trier of fact to decide.
[I]n opposing plaintiff's direct infringement claim, defendant contests the claim that it ever
removed or altered any CMI from the Nelson Photo. Defendant argues it never admitted to
removing or altering any CMI, and the evidence in the record does not show the alleged removal
or alteration occurred. If defendant did not remove or alter any CMI, then it cannot be liable for
violating either §§ 1202(b)(1) or 1202(a). Thus, a genuine issue of material fact remains as to
whether defendant violated DMCA.
Southern District of Ohio
COMPASS HOMES, INC., PLAINTIFFS, V. TRINITY HEALTH GROUP, LTD., ET AL.,

DEFENDANTS.
No. 2:13-CV-647, 2016 WL 3406054 (S.D. Ohio Jun. 21, 2016)
Plaintiff Compass Homes, Inc. brings this action for copyright infringement relating to floor
plans it designed for a single family residence. Compass designed the plans for a married couple,
defendants Thomas and Angela McDermott, who later decided not to build their home through
Compass. The McDermotts instead turned to defendant Trinity Health Group, Ltd. to help them
design and build their home. Compass alleges that Trinity designed a home that is substantially
similar to the Compass design.
This matter is before the court on the parties' cross-motions for summary judgment. For the
reasons stated below, the motions are denied as to the issue of whether the defendants' plans are
substantially similarity to the Compass plans, but the defendants' motions are granted on the
issue of whether Compass is entitled to recover statutory damages and attorney's fees.
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Joshua L. Simmons
Middle District of Tennessee
SCHENCK V. OROSZ
No. 3:13-CV-00294, 2016 WL 912281 (M.D. Tenn. Mar. 10, 2016)
The plaintiffs have filed a Second Motion for Summary Judgment (Docket No. 152), to which
the defendants have filed a Response in opposition (Docket No. 162), and the plaintiffs have
filed a Reply (Docket No. 166). For the following reasons, the Motion will be granted in part and
denied in part. . . .
In sum, the plaintiffs are, therefore, entitled to summary judgment as to the infringement by the
defendants of certain SJ Works, as set forth above. However, the defendants have raised issues of
fact sufficient to preclude summary judgment as to the remaining SJ Works and this case will
proceed as to those claims (including the counterclaims).
ACS TRANSPORT SOLUTIONS, INC. V. NASHVILLE METROPOLITAN TRANSIT

AUTHORITY
No. 3:13-CV-01137, 2016 WL 1756443 (M.D. Tenn. Apr. 29, 2016)
Pending are cross-motions for summary judgment (Doc. Nos. 59, 62). The parties have
responded and replied. As set out below, the cross-motions are GRANTED in part and DENIED
in part. . . .
MTA asserts that it did not terminate the licenses-only the contracts-so it had an express license
to use ACS's software. This theory is without merit because the licenses were part of the
contracts. . . . The express license was rescinded in September 2012 when MTA terminated the
contract. . . .
MTA asserts the alternative theory that it had an implied license to use the software while it
transitioned to the new system. . . . Here, unlike Quinn, the licensee (MTA) terminated an
express license. Although Quinn is not directly on point, MTA had an implied right to use the
software for a reasonable time while it had another system installed. If MTA used ACS's
software after a reasonable transition period, it exceeded the scope of its implied license. It
seems to me that if MTA needed more than two years to replace the equipment it should have
waited until after a new system was installed before terminating ACS. Nevertheless, the material
fact of how long a reasonable transition period is remains in genuine dispute. Accordingly,
summary judgment on this issue is inappropriate.
WHITEHARDT, INC. V. MCKERNAN

No. 3:15-CV-01307, 2016 WL 4091626 (M.D. Tenn. Aug. 2, 2016)
Before the court is the Partial Motion to Dismiss (Doc. No. 31) filed by defendants Gordon J.
McKernan and Gordon McKernan Injury Attorneys, LLC, f/k/a The McKernan Law Firm ("the
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Law Firm"). The defendants seek dismissal under Rule 12(b)(6) of the plaintiff's claims of
tortious interference (Count IV), unfair competition (Count V), and violation of the Tennessee
Consumer Protection Act ("TCPA") (Count VI), and a portion of Plaintiff's copyright
infringement claim (Count II). . . . For the reasons set forth herein, the motion will be granted in
part and denied in part.
1. Unfair Competition . . . Claims predicated on a theory of reverse passing off may be

preempted by § 301. . . . Here, Whitehardt does not claim that defendants are selling their own
product (or services) and representing that they are actually Whitehardt's. Instead, Whitehardt
alleges that the defendants are attempting to sell the defendants' product (by licensing their
trademarks to others, including Citrin) and representing to the public (specifically Citrin) that the
trademarks are valid and belong to the defendants, when, according to Whitehardt, the
trademarked material is derivative of Whitehardt's Copyrighted Works. This fact pattern closely
matches Nimmer's description of reverse passing off. . . . In short, the court finds that this claim
is preempted by the Copyright Act and subject to dismissal on that basis.
2. The TCPA . . . This claim is preempted for the same reasons that the unfair competition claim
is preempted: it is, in essence, a reverse passing off claim, not a true passing off claim.
Moreover, the additional element of likelihood of confusion does not render the claim
qualitatively different from a copyright claim.
3. Tortious Interference . . . The preemption issue as related to this claim presents a very close
call. On one level, the claim could be construed as arising from the defendants' act of registering
a trademark that infringes upon the plaintiff's copyright. Viewed in that light, the defendants'
attempts to have Citrin sign the TLA represent an infringement of the plaintiff's right to authorize
the use and copying of its copyright-protected works. In this case, however, the rights the
plaintiff seeks to vindicate in the tortious interference claim are not "precisely equivalent to the
rights he seeks to vindicate under the Copyright Act." . . . The rights at issue are not only the
plaintiff's rights to reproduce and distribute copyrighted works and to prepare derivative works.
The tortious interference claim also concerns a more general right to represent Citrin and to
perform services on Citrin's behalf in the arena of advertising. The relationship extended beyond
Citrin's use of Whitehardt's copyrighted works and derivations thereof. Further, the conduct
complained of-wrongfully threatening litigation-goes beyond simply copying or using the
plaintiff's Copyrighted Works.
IN RE: COLLEGE BOOK RENTAL COMPANY, LLC, DEBTOR.

No. 312-09130, 2016 WL 5936846 (M.D. Tenn. Oct. 12, 2016)
This matter came to be heard upon the Chapter 7 Trustee's (hereinafter "Trustee") motion to
disallow the claims of Cengage Learning, Inc., Pearson Education, Inc., John Wiley & Sons,
Inc., Elsevier, Ltd., and McGraw-Hill Global Education Holdings, LLC (hereinafter collectively
"Publishers").
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Joshua L. Simmons
The Trustee asserts that the Publishers' claims should be disallowed because the debtor is not the
entity that infringed on the Publishers' copyrights. If the Publishers' claims are allowable, the
Trustee argues that the Publishers' claims are subordinate to other unsecured claims pursuant to
11 U.S.C. § 726(a) because "statutory damages" equate to a penalty or fine. In the alternative, the
Trustee requests that the Publishers' claims be reduced to the amount of actual damages caused
by the debtor.
For the following reasons, which represent the Court's findings of fact and conclusions of law,
pursuant to Fed. R. Bankr. P. 7052, and made applicable by Fed. R. Bankr. P. 9014(c), the Court
finds that the claims should be allowed in a reduced amount.
Seventh Circuit
Court of Appeals for the Seventh Circuit
CONSUMER HEALTH INFORMATION CORP. V. AMYLIN PHARMACEUTICALS, INC.

No. 14-3231, 2016 WL 1534013 (7th Cir. Apr. 15, 2016)
Consumer Health Information Corporation sued Amylin Pharmaceuticals, Inc., alleging

copyright infringement. 17 U.S.C. §§ 101 et seq. The dispute centers on copyright ownership:
Who owns the copyright in certain patient-education materials Consumer Health developed for
Amylin's use in marketing its diabetes drug Byetta? The parties' contract, executed in March
2006, unambiguously assigns the copyright to Amylin. This suit is an attempt to reclaim
ownership of the copyright and recover damages for infringement. To that end, Consumer Health
alleges that the contract was induced by fraud or economic distress and seeks rescission. The
district court dismissed the suit as untimely.
We affirm. Consumer Health assigned the copyright to Amylin in 2006 but did not file this suit
until July 2013, several years too late under either of two applicable statutes of limitations. A
four-year limitations period applies to claims for contract rescission under California law, which
governs the parties' contract. Cal.Civ.Proc.Code § 337. Claims under the Copyright Act are
subject to a three-year statute of limitations. 17 U.S.C. § 507(b). Consumer Health's cause of
action accrued in March 2006, when the contract was executed; at that point Consumer Health
knew that Amylin owned the copyright, and the limitations clock on a suit to reclaim ownership
started ticking. Under either statute of limitations, the suit is untimely.
BELL V. LANTZ
No. 15-2341, 2016 WL 3361557 (7th Cir. Jun. 17, 2016)
This appeal concerns an award of attorney's fees by the district court to Charles Lantz, who was
the defendant in a suit brought by Richard Bell under the Copyright Act, 17 U.S.C. § 501 et seq.,
which was later voluntarily dismissed. Bell does not challenge the court's decision to award fees,
but contests the amount of fees awarded.
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BELL V. TAYLOR
No. 15-3731, 15-2343, 15-3735, 2016 WL 3568139 (7th Cir. Jul. 1, 2016)
Richard Bell sued several defendants for copyright infringement, alleging that they
impermissibly displayed a photo belonging to Bell on websites promoting their respective
businesses. Bell sought damages as well as injunctive and declaratory relief in federal district
court. The district court granted summary judgment for defendants, first on damages and later on
injunctive and declaratory relief. Bell also filed a second copyright infringement lawsuit against
some of the defendants in the same court. The district court granted defendants' motion to
dismiss the second case based on res judicata. Bell appeals the grant of summary judgment for
defendants in the first case and the grant of defendants' motion to dismiss in the second case. For
the reasons that follow, we affirm the judgment of the district court in both cases.
ALI V. FINAL CALL, INC.

No. 15-2963, 2016 WL 4248567 (7th Cir. Aug. 10, 2016)
Carpenters have a saying: measure twice, cut once. This litigation might have been averted if that
adage had been observed here. In 1984, Jesus Muhammad-Ali painted a portrait of the leader of
the Nation of Islam, Louis Farrakhan. In 2013, Ali sued The Final Call, a newspaper that
describes itself as the "propagation arm of the Nation of Islam," for copyright infringement. The
Final Call, it turned out, admittedly had sold over a hundred copies of Ali's Farrakhan portrait.
Ali nonetheless lost his case after a bench trial. He now appeals, arguing that the district court
misstated the elements of a prima facie copyright infringement claim and erroneously shifted to
him the burden of proving that the copies were unauthorized. Ali is correct, and The Final Call
proved no defense. We therefore reverse.
Central District of Illinois
DESIGN IDEAS, LTD. V. MEIJER, INC.

No. 15-CV-03093, 2016 WL 2732155 (C.D. Ill. May. 10, 2016)
This cause is before the Court on Defendant Meijer, Inc.'s Partial Motion to Dismiss First
Amended Complaint (d/e 46). Meijer seeks to dismiss Counts II, VI, and X. . . . The Motion is
GRANTED IN PART and DENIED IN PART. Counts II and VI are dismissed as barred by the
statute of limitations. However, the motion to dismiss Count X is denied without prejudice. . . .
Because the Court finds Counts II and VI are barred by the statute of limitations, the Court need
not address Meijer's claim that Counts II and VI are barred by the release in the Settlement
Agreement. . . .
Construing the First Amended Complaint in the light most favorable to Plaintiff, the Court finds
that Plaintiff could have a breach of contract claim against Meijer that is not equivalent to a right
within the general scope of copyright. . . . The Settlement Agreement contains promises by
Meijer separate and apart from the promise not to infringe Plaintiff's intellectual property.
Therefore, Meijer's motion to dismiss Count X is denied without prejudice.
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Joshua L. Simmons
Northern District of Illinois
COBBLER NEVADA, LLC V. DOES 1-28

No. 15 C 7538, 2016 WL 193408 (N.D. Ill. Jan. 15, 2016)
Anonymous defendants, identified by the Internet Protocol (“IP”) address 73.51.161.46 (herein
referred to as “Doe 26”) and 98.215.66.174 (herein referred to as “Doe 16”), have each moved to
quash a subpoena directing Does' internet service provider to furnish Does' personal identifying
information. Doe 16 also moves to dismiss pursuant to Fed. R. Civ. P. 12 (b) for lack of personal
jurisdiction and requests an award of fees. For the reasons stated below, the Does' motions are
denied.
MALIBU MEDIA LLC V. DOE

No. 13 C 6312, 2016 WL 464045 (N.D. Ill. Feb. 8, 2016)
Pending before the court are cross-motions for summary judgment by plaintiff Malibu Media,
LLC [dkt 147] and defendant John Doe [dkt 144]. Also pending are defendant's motions to Strike
Certain Portions of Plaintiff's Statement of Undisputed Material Facts [dkt 160] and to Strike
Portions of Plaintiff's Local Rule 56.1(b)(C)(3) Statement [dkt 161]. For the reasons stated
below, plaintiff's motion for summary judgment is denied. Defendant's motions are granted. . . .
Even considering the disputed declarations, Malibu has failed to demonstrate that there is no
genuine question of material fact about whether Doe infringed its works, and, therefore, Malibu's
motion for summary judgment is denied. . . .
There is a second reason why summary judgment could not be granted for Malibu based on the
evidence before the court. Malibu must show copying of “constituent elements of the work that
are original.” Feist, 499 U.S. at 361. There is virtually no evidence before the court of what Doe
allegedly copied or distributed.
WOODS V. CARTER
No. 15 C 9877, 2016 WL 640526 (N.D. Ill. Feb. 18, 2016)
Anthony Woods has filed a pro se lawsuit against Dwayne Carter. Woods alleges that Carter,
also known by his rap pseudonym Lil Wayne, violated copyright law by using in his raps
concepts and phrases that were inspired by Woods. Woods has moved to proceed in forma
pauperis, that is, without paying the usual filing fee. For this reason, the Court has reviewed
Woods's amended complaint to determine whether it is frivolous, malicious, or fails to state a
claim on which relief can be granted. 28 U.S.C. § 1915(e)(2). The Court dismisses Woods's
amended complaint for the reasons stated below. . . .
In this case, the similarities between the songs are even less significant. First of all, the isolated
words and phrases that Woods cites are not protected by copyright; they are ‘merely...short
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phrase[s] or expression[s] which hardly qualif[y] as...appreciable amount[s] of original text.‘ . . .

Second, the words Woods cites to support his claim of copyright infringement are commonly
used in popular music. Unlike the unusual naming of Kate Moss in Peters, references to Rolls
Royce cars are relatively common in popular music in general and hip hop in particular. And
unlike in Peters, this case does not involve two songs with identical titles—the only argument
Woods makes regarding titles involves his song ‘My Shit‘ and Carter's reference to defecation in
a later song, which quite obviously does not amount to copyright infringement. Such references
are so ubiquitous that they are unprotected. Finally, though Woods points to supposedly common
‘bars‘ (rhyme schemes), rhyme schemes are not protected content because ‘copyright protects
actual expression, not methods of expression.‘ . . .
In sum, Woods has failed to state a viable claim of copyright infringement. At most, his
complaint identifies minor cosmetic similarities between his lyrics and Carter's. And as the Court
has indicated, Carter's alleged references in his songs to details from Woods' life—which make
up the bulk of Woods's complaint—are not actionable, as copyright infringement or otherwise.
As such, the Court finds that Woods has failed to state a claim on which relief can be granted.
FILMON X, LLC V. WINDOW TO THE WORLD COMMUNICATIONS, INC.

No. 13 C 8451, 2016 WL 1161276 (N.D. Ill. Mar. 23, 2016)
Plaintiff FilmOnX, LLC (“FilmOnX”) originally filed this declaratory judgment action against
Defendant Window to the World Communications, Inc. (“WTTW”) in November 2013.
FilmOnX sought a declaratory judgment that certain technology it used to enable consumers to
access WTTW's broadcast programming “from any Internet-enabled device” does not infringe
any WTTW copyright. See Compl., Dkt. 1, ¶¶ 1, 24. WTTW counterclaimed for copyright
infringement in January 2014, see Dkt. 15, at 19; and FilmOnX answered that counterclaim in
February 2014. See Dkt. 23. Shortly afterward, in March 2014, FilmOnX filed, and the Court
granted, an Unopposed Motion to Stay the case pending the Supreme Court's decision in
American Broadcasting Companies, Inc. v. Aereo, Inc., 134 S. Ct. 2498 (2014) [hereinafter
Aereo III], which was anticipated to address a copyright issue concerning a service similar to that
used by FilmOnX. See Dkts. 28-31.
Shortly after the Supreme Court's decision in Aereo III, FilmOnX sought and obtained leave “to
amend its complaint and plead that it is entitled to a statutory license as a ‘cable system’ pursuant
to 17 U.S.C. § 111 (‘Section 111’),” relying upon certain language in the Supreme Court's Aereo
III opinion. See Dkt. 35, at 1; Dkt. 36. FilmOnX thereafter filed its First Amended Complaint for
Declaratory Judgment (Dkt. 37); WTTW filed its Answer and Amended Counterclaim for
copyright infringement (Dkt. 38);1 and FilmOn filed its Answer to that Counterclaim (Dkt. 39).
In that Answer, FilmOn added a new fifteenth affirmative defense asserting that its
“retransmission of WTTW's copyrighted works is authorized under the compulsory license
scheme set forth under Section 111 of the Copyright Act.” Id. at 14.
Now before the Court are the parties' cross-motions for partial summary judgment. See Dkts. 48
(WTTW Motion) and 57 (FilmOn Motion). Each side seeks summary judgment in its favor on
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Joshua L. Simmons
(1) FilmOn's declaratory judgment claim “seeking a judicial declaration that FilmOnX meets the
statutory definition of a ‘cable system’ under Section 111 of the Copyright Act and is entitled to
a compulsory license thereunder,” Dkt. 37, ¶ 5; and, correspondingly, (2) FilmOn's fifteenth
affirmative defense to WTTW's copyright infringement counterclaim, asserting that
“retransmission of WTTW's copyrights works is authorized under the compulsory license
scheme set forth under Section 111 of the Copyright Act.” Dkt. 39, at 14; Dkt. 39-1, at 14. For
the following reasons, WTTW's motion for partial summary judgment on these issues (Dkt. 48)
is granted, and FilmOn's motion for partial summary judgment on these issues (Dkt. 57) is
denied.
THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS

V. THE GREELEY COMPANY, INC.
No. 14 C 10225, 2016 WL 1450051 (N.D. Ill. Apr. 13, 2016)
The plaintiffs, the Joint Commission on Accreditation of Healthcare Organizations (“the Joint
Commission”) and Joint Commission Resources, Inc. (“JCR”), bring suit against the defendants,
the Greeley Company, Inc. (“Greeley”) and Fortis Business Media LLC (“Fortis”), alleging
copyright infringement under the Copyright Act of 1976, 17 U.S.C. §§ 106, 501. The defendants
have moved to dismiss. See Mts. Dismiss, ECF Nos. 44, 45. For the following reasons, the
motions to dismiss are granted. . . .
[T]he plaintiffs filed suit in December 2014 but did not file an application to register the
copyright in the 2009 CAMH until June 3, 2015, nearly six months after this lawsuit was
instituted. . . . . “A rule in the form ‘no action shall be instituted until...’ means that the condition
must be fulfilled before the litigation begins. Satisfaction of the condition while the suit is
pending does not avoid the need to start anew.” . . . Thus, the plaintiff's claims based upon the
2009 CAMH must be dismissed without prejudice for failure to comply with the precondition in
§ 411(a). . . .
Here, the plaintiffs have alleged substantial similarity, but they have not supported that legal
conclusion with facts that make it plausible. . . . The plaintiffs identify only two paragraphs in
the defendants' Human Resources Guide that are copied verbatim from the plaintiffs' 742-page
work. . . . The only other evidence of infringement is one page of the defendants' Infection
Control Guide, which paraphrases one page of the 2011 CAMH. . . . The defendants dispute that
their page is substantially similar to the page from the 2011 CAMH, but even assuming that it is,
what the plaintiffs have identified as evidence of substantial similarity between their 2011
CAMH and the defendants' publications amounts to one page out of 742 pages that contains two
paragraphs of identical text and one page that contains mainly paraphrased text. Those
allegations fall well short of plausibly alleging substantial similarity to the plaintiffs' 2011
CAMH. Two out of 742 pages (.27%) of the 2011 CAMH have been allegedly infringed. This
minimal degree of duplication is not a reproduction of a substantial portion of the plaintiffs' work
and the complaint, thus, fails to satisfy the plaintiffs' obligation under Rule 8 to plausibly allege
infringement of their copyright in the 2011 CAMH.
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NTE, LLC V. KENNY CONSTRUCTION COMPANY

No. 14 C 9558, 2016 WL 1623290 (N.D. Ill. Apr. 25, 2016)
Plaintiff NTE, LLC ("NTE") filed this copyright infringement suit against several of its former
clients, including Defendant and movant Kenny Construction Company ("Kenny") on December
1, 2014. Kenny has moved for summary judgment on the seven counts of the First Amended
Complaint in which Kenny is involved . . . . For the following reasons, Kenny's motion is
granted in part and denied in part. . . .
I find that NTE's valid copyright does extend to the selection, arrangement and coordination of
the data in the NTE system, including the particular way in which NTE's barcodes imbue the
data with meaning. But this does not end the inquiry, for as we shall see below, the fact that raw
data is entangled with copyrighted technology does not automatically render extraction of the
data an infringement. . . .
Here, access is established via Kenny's documented, contracted-for use of the NTE system.
However, the record is not developed enough for an "ordinary observer," let alone a jury, to
determine if the KCI Internal System meets the substantial similarity test. "One of the principal
purposes of the summary judgment rule is to isolate and dispose of factually unsupported claims
or defenses..." . . . Here, NTE has provided very little evidence that the KCC Internal System is
actually modeled on or structurally related to the NTE system, except insofar as both systems
made use of a barcode tracking system. Even in that regard, there is no evidence that Kenny's
barcodes utilize the same selection, arrangement, or organization scheme as NTE's barcodes.
NTE alleges, but does not support, that Kenny simply replaced NTE's barcodes with different
codes generated by Kenny, and further points to Kenny's extraction of two columns of data from
the NTE system. But neither of these allegations speaks to whether Kenny copied NTE's
selection, arrangement, and coordination scheme, which are the only copyrighted elements of its
work. Thus, because the record does not provide enough evidence for a reasonable jury to find in
favor of the Plaintiff, I am granting Kenny's motion for summary judgment on the copyright
claims.
CULVER FRANCHISING SYSTEM, INC. V. STEAK N SHAKE INC.

No. 16 C 72, 2016 WL 4158957 (N.D. Ill. Aug. 5, 2016)
Culver Franchising System, Inc., brought this suit against Steak n Shake Inc., alleging that Steak
n Shake unlawfully copied one of its television commercials in violation of the Copyright Act,
17 U.S.C. § 101 et seq. Doc. 1. Steak n Shake has moved to dismiss the complaint pursuant to
Federal Rule of Civil Procedure 12(b)(6), arguing that the two commercials are not substantially
similar. Doc. 14. The motion is granted, and the complaint is dismissed without prejudice to
Culver attempting to replead.
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Joshua L. Simmons
LIVE FACE ON WEB, LLC V. KAM DEVELOPMENT, L.L.C.

No. 16 C 8604, 2016 WL 7374279 (N.D. Ill. Dec. 20, 2016)
This matter comes before the Court on Defendants' KAM Development, L.L.C., ("KAM
Development") doing business as Green Energy Air Sealing, and Kimberly Radostits
("Radostits") (collectively, "Defendants") motion to dismiss, pursuant to Federal Rule of Civil
Procedure 12(b)(6), Plaintiff Live Face on Web, LLC's ("LFOW") Complaint. LFOW opposes
the motion, and alternatively, seeks leave to amend the Complaint. For the following reasons, the
motion is granted in part and denied in part. LFOW is granted twenty-one days to amend the
Complaint consistent with this Opinion. . . .
At this stage of the litigation, LFOW is not required to prove copying; rather, the Complaint need
only contain sufficient allegations of copying. The Complaint states that "Defendants used and
distributed ... the infringing version of the LFOW Software," and that the "Defendants copied
and stored an infringing version of the LFOW Software on the webserver(s) for" Defendants'
website. Additionally, LFOW alleges that the infringing version "is substantially similar to the
LFOW Software," because it contains the letters "LFOW" and "the unique prefixes 'lf_,' " in the
code. According to LFOW, these letters and prefixes "were arbitrarily chosen by LFOW to mark
its code and indicate LFOW's unique and original code." These allegations are sufficient to
allege that Defendants had the "opportunity to copy the original," and "that the two works are
'substantially similar.' " Peters, 692 F.3d at 633. Moreover, these allegations sufficiently provide
Defendants with "fair notice of what the ... claim is and the grounds upon which it rests." . . . .
Thus, the motion to dismiss the direct infringement claim is denied.
Northern District of Indiana
BROOKS-NGWENYA V. NATIONAL HERITAGE ACADEMIES

No. 1:16-CV-183, 2016 WL 6462082 (N.D. Ind. Nov. 1, 2016)
Angela Brooks-Ngwenya has two cases pending in this district that allege copyright infringement
of an educational model she developed in 2002 called Transitioning into Responsible Students
(TIRS). This case alleges National Heritage Academies infringed her copyright by using an
educational model that replicates TIRS. . . . NHA moves to dismiss on grounds that Brooks-
Ngwenya has failed to allege that NHA copied or created derivative works from copyrighted
text. . . . For the reasons below, NHA's motion to dismiss is granted. . . .
NHA does not dispute that the complaint alleges a valid copyright, so the only question is
whether the complaint sufficiently alleges that NHA copied or created derivative works from
copyrighted TIRS material. The complaint utterly fails to do that.
DESIGN BASICS, LLC V. MILAKIS HOMES, LLC

No. 4:16-CV-53-TLS, 2016 WL 7156064 (N.D. Ind. Dec. 8, 2016)
Defendants Jeff Lee Builders, Inc., and Jeff Lee (the Jeff Lee Defendants), and Ken Lee, L.L.C.
(Ken Lee), request that the Court dismiss, pursuant to Federal Rule of Civil Procedure 12(b)(6),
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all the Plaintiffs' copyright claims against them in the Plaintiffs' First Amended Complaint . . . .
The claims against the other Defendants are not before the Court. Additionally, it does not
appear from the First Amended Complaint that Plaintiff Plan Pros, Inc., has asserted any claims
against the Jeff Lee Defendants or Ken Lee. Accordingly, the issue presented by the pending
motions is whether Plaintiff Design Basics, LLC, has stated a plausible claim against the Jeff Lee
Defendants or against Ken Lee. . . .
Many of the Defendants' arguments would require the Court to delve into the merits of the
Plaintiff's claim. This would be premature, as the pleading need not contain the evidence
necessary to prove each element of its copyright claim. It need only contain enough facts to
suggest the claim is plausible. The Court finds that this standard has been met.
Southern District of Indiana
BELL V. TAYLOR
No. 114CV00785TWPDKL, 2016 WL 4528382 (S.D. Ind. Aug. 30, 2016)
This matter is before the Court on Defendants Cameron Taylor's and Taylor Computer Solutions'
(collectively, "Taylor Defendants") Motions for Attorney Fees and Costs and Bill of Costs . . .
pursuant to 17 U.S.C. § 505 of the Copyright Act, 28 U.S.C. § 1927, and Federal Rules of Civil
Procedure 54 and 68. Taylor Defendants filed their request for costs and fees after they became
the "prevailing party" in this Copyright Act case. For the following reasons, the Court GRANTS
Taylor Defendants' request for costs and fees.
BELL V. TAYLOR
No. 113CV00798TWPDKL, 2016 WL 4592205 (S.D. Ind. Sep. 2, 2016)
This matter is before the Court on Defendants Cameron Taylor's, Taylor Computer Solutions',
Insurance Concepts', Fred O'Brien's, and Shanna Cheatam's (collectively, "Taylor Defendants")
Motion for Attorney Fees and Costs and Bill of Costs . . . pursuant to 17 U.S.C. § 505 of the
Copyright Act, 28 U.S.C. § 1927, and Federal Rules of Civil Procedure 54 and 68. Taylor
Defendants filed their request for costs and fees after they became the "prevailing party" in this
Copyright Act case. For the following reasons, the Court GRANTS Taylor Defendants' request
for costs and fees.
Eastern District of Wisconsin
MEDICAL COLLEGE OF WISCONSIN INC. V. ATTACHMATE CORPORATION

No. 15-CV-151-JPS, 2016 WL 697145 (E.D. Wis. Feb. 19, 2016)
This case arises out of a software licensing dispute. (See generally Docket #1). Plaintiff, The
Medical College of Wisconsin, Inc. (“Medical College”), filed its complaint on February 5,
2015, alleging that Defendant, Attachmate Corporation (“Attachmate”), violated both the
Wisconsin Deceptive Trade Practices Act (Wis. Stat. Ann. § 100.18(1)) and the implied covenant
of good faith and fair dealing. (See Docket #1 ¶¶ 58-69). The Medical College also sought
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Joshua L. Simmons
declarations that it did not infringe Attachmate's software copyrights and did not breach the
parties' software licenses, otherwise known as End User License Agreements (“EULA”).
(Docket #1 ¶¶ 32-42). Attachmate counterclaimed with breach of contract and copyright
infringement claims. (Docket #38 ¶¶ 35-50).
Currently before the Court are three motions: (1) Attachmate's motion to dismiss the Medical
College's Wisconsin Deceptive Trade Practices Act (“WDTPA”) claim pursuant to Federal Rule
of Civil Procedure 12(b)(6); (2) Attachmate's motion for partial summary judgment pursuant to
Federal Rule of Civil Procedure 56;1 and (3) the Medical College's motion for summary
judgment, also brought pursuant to Federal Rule of Civil Procedure 56.2 (Docket #28, #41, #46).
For the reasons outlined below, the Court will: (1) grant Attachmate's motion to dismiss the
WDTPA claim (Docket #28); (2) grant in part and deny in part Attachmate's motion for partial
summary judgment (Docket #41); and (3) deny the Medical College's motion for summary
judgment in its entirety (Docket #46). Therefore, the live issues remaining after summary
judgment in this case are: (1) whether the Medical College breached its duty to implement
internal safeguards to prevent unauthorized copying, distribution, or use of Reflection software
under Section 4 of the EULA; (2) the determination of an appropriate damage award for the
Medical College's breach of Section 1 of the EULA; and (3) liability and damages with respect
to Attachmate's copyright claim.
DESIGN BASICS LLC VS. CAMPBELLSPORT BUILDING SUPPLY, INC.

No. 13-C-560, 2016 WL 3189202 (E.D. Wis. Jun. 7, 2016)
Plaintiff Design Basics LLC, owner of copyrighted building plans, alleges that the Defendants,
competitors in the home design industry, have infringed on 64 of its copyrighted plans. The
Defendants counterclaim that the copyrights are invalid. Design Basics' motions for costs and for
partial summary judgment on its copyright claims (ECF Nos. 128, 134) and the Defendants'
motion for summary judgment dismissing Design Basics' claims (ECF No. 129) are ready for
resolution and addressed herein. . . .
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY ORDERED THAT:

Design Basics' motion for costs (ECF No. 128) is DENIED; The Defendants' summary judgment
motion (ECF No. 129) is GRANTED with respect to the eight DMCA infringement claims
predating October 28, 1998, which are DISMISSED, and DENIED in all other respects. The
Defendants' request for dismissal of Design Basics' claims based on the Colbourne plan is
GRANTED; and Design Basics' motion for partial summary judgment (ECF No. 134) is
GRANTED with respect to the fourth affirmative defense and DENIED in all other respects.
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DESIGN BASICS, LLC V. BEST BUILT, INC.

No. 14-CV-0597, 2016 WL 4691601 (E.D. Wis. Sep. 7, 2016)
On May 19, 2016, Design Basics, LLC and Plan Pros, Inc. (collectively Plaintiffs), filed a third
amended complaint against Best Built, Inc., Craig A. Kassner, and VHC, Inc. . . . The third
amended complaint alleges copyright infringement against the defendants. On August 1, 2016,
VHC moved to dismiss the claims against it for failure to state a claim upon which relief can be
granted. . . . VHC argued Plaintiffs' allegations failed to state a claim of joint, contributory, or
vicarious copyright infringement.
Design Basics' complaint contains one factual allegation against VHC:
Upon information and belief, the Defendant VHC owns all the shares in the
Defendant Corporation, Best Built, and is the parent company to Best Built. Upon
information and belief, VHC had the right and ability to supervise Best Built's
infringing activities and/or directly benefitted therefrom by providing
development, management, appraisal, advertising, marketing, sales and/or other
services in furtherance of Best Built's marketing, construction, and/or sales of said
infringing houses. Accordingly, VHC is liable to Plaintiffs as a joint and/or
contributory infringer, or is otherwise vicariously liable. . . .
This paragraph is not sufficient to state a claim for joint, contributory, or vicarious infringement.
Accordingly, VHC's motion to dismiss is granted.
DESIGN BASICS, LLC V. DREXEL BUILDING SUPPLY, INC.

No. 13-C-560, 2016 WL 5794746 (E.D. Wis. Oct. 4, 2016)
1. Docket No. 184-Motion to Exclude Testimony of Robert Greenstreet, Ph.D. . . . To

summarize, then, an expert may offer opinions relevant to copying, although it is unclear the
extent to which that question is at issue in this case. Presumably, Greenstreet's expertise could
assist the trier of fact by highlighting differences in the works and explaining why those
differences tend to show an absence of copying. "If there is evidence of access and similarities
exist, then the trier of the facts must determine whether the similarities are sufficient to prove
copying. On this issue, analysis ('dissection') is relevant, and the testimony of experts may be
received to aid the trier of the facts." . . . The expert's testimony may also aid the jury in
understanding elements of single-family homes that are common to a given style or design. But
the expert's testimony may not stray into the more subjective question, which asks whether the
Defendants copied the Plaintiff's protected material. "If copying is established, then only does
there arise the second issue, that of illicit copying (unlawful appropriation). On that issue ... the
test is the response of the ordinary lay hearer; accordingly, on that issue, 'dissection' and expert
testimony are irrelevant." Id. Accordingly, the motion to exclude will be granted in part and
denied in part: it is granted in that Greenstreet will not be allowed to testify as to whether the
Defendants copied any protected material, but it is denied in all other respects.
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2. Docket No. 164-Motion to Limit Digital Millenium Copyright Act (DMCA) Damages . . .
Here, if the Defendants shared the same image multiple times, that would be multiple acts in
violation of the DMCA. McClatchy's reasoning does not apply because it is based on a single
act, not a single photograph. Under McClatchy's line of reasoning, if the defendant had sent
1,147 emails, that would result in 1,147 violations even if the emails contained the same
copyrighted photo. Accordingly, the motion in limine is denied.
Western District of Wisconsin
BOEHM V. SCHEELS ALL SPORTS, INC.

No. 15-CV-379-JDP, 2016 WL 1559183 (W.D. Wis. Apr. 15, 2016)
Plaintiffs Scott Boehm and David Stluka have again moved to compel discovery from Event
USA, which stands accused of infringing plaintiffs' copyrights. Dkt. 321. Plaintiffs' earlier
motion to compel, which arose from a site inspection, resulted in a court order allowing them
access to discovery about the use of images that they reasonably believed were theirs, regardless
of whether those images were included in Exhibit 1 to the injunction. Dkt. 319. But the court
denied plaintiffs' request for discovery relating to alleged infringements of the works of others,
reasoning that it was outside the scope of this case and would "be wasteful and unduly
burdensome" on defendants. Id. Plaintiffs now ask the court to reconsider that order. The court
will deny the motion for the most part, although it will offer some clarification about effect of the
statute of limitations on the scope of permissible discovery.
SULLIVAN V. FLORA, INC.

No. 15-CV-298-WMC, 2016 WL 5877140 (W.D. Wis. Oct. 7, 2016)
Plaintiff Amy Lee Sullivan, a freelance illustrator, alleges defendant Flora, Inc., violated her
copyrights by using illustrations in other advertisements and promotional materials that she
created exclusively for its video projects. In its pending motion for summary judgment,
defendant principally argues that the illustrations were joint works, and therefore Sullivan cannot
assert claims as a sole author. . . . Perhaps recognizing potential weaknesses in her claim to sole
ownership of a valid copyright, plaintiff's response leads with her evidence of infringement --
namely, recently-produced evidence that Flora had in its possession Sullivan's multi-layered,
original source art, rather than simply JPEG images of the illustrations in dispute. While this
evidence is material to the question of copying, perhaps compellingly so, it does not respond to
the core issue raised in defendant's motion -- whether Sullivan owns a valid copyright -- the
court takes up that issue in this opinion and order, finding that there are factual issues as to joint
authorship that require a trial.
ROBBINS V. SVEHLA
No. 16-CV-532-JDP, 2016 WL 6900719 (W.D. Wis. Nov. 22, 2016)
Plaintiff Joe Robbins, a sports photographer, brings copyright infringement claims against
defendants, alleging that they have copied and are currently copying, displaying, publishing,
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distributing, and otherwise infringing his copyright in one of his photographs (of Aaron Rodgers,
quarterback for the Green Bay Packers). Defendants are sports memorabilia dealers.
Now defendants Nicholas Martin d/b/a Sports-4-Less and Gerald Miller . . . and Scott Svehla
d/b/a Scott's Brewery Collectibles, LLC . . . move to dismiss the first amended complaint for
failure to state a claim upon which relief can be granted, pursuant to Federal Rule of Civil
Procedure 12(b)(6). All moving defendants offer the same basis for dismissal: Robbins did not
possess a valid copyright registration when he commenced this action. Robbins responds that the
"application approach" controls here and that the fact that he applied for registration is sufficient.
The court declines to adopt the application approach and will, as a result, grant defendants'
motions.
DATACARRIER S.A. V. WOCCU SERVICES GROUP, INC.

No. 16-CV-122-JDP, 2016 WL 6900716 (W.D. Wis. Nov. 22, 2016)
his is a copyright infringement case involving computer software used to run ATMs, which has
been put to use primarily in South America. Before the court is a motion to dismiss that raises
questions about the limits of protection afforded under the United States Copyright Act. . . .
The court agrees with WSG on the territoriality issue. All agree that infringement occurring
wholly outside the United States is not actionable under the Copyright Act. It is an open question
in the Seventh Circuit whether merely authorizing such extraterritorial infringement is itself an
actionable act of domestic infringement. The weight of better reasoned authority . . . holds that it
is not. . . .
The court agrees with Datacarrier on the subject matter issue, at least at the pleading stage. WSG
is no doubt correct that many aspects of Datacarrier's software are ideas and functions, and in
that sense Datacarrier is entitled only to thin copyright protection. But even a thin copyright
protects against literal copying, and the amended complaint alleges at least some of that. WSG
may ultimately have a successful defense on the merits, but at this point in the case the amended
complaint adequately alleges copying of protected elements. . . .
The final issue is whether the amended complaint adequately alleges acts of direct infringement
in the United States. Datacarrier alleges that WSG infringes by testing the allegedly infringing
software in the United States and by maintaining an executable copy of the software in the
United States to provide support to its users in South America. Datacarrier's theory is predicated
on the notion that an infringing copy is made whenever the infringing software is run on a
computer, a notion WSG does not challenge. The court concludes that Datacarrier has adequately
alleged domestic acts of direct infringement.
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Joshua L. Simmons
Eighth Circuit
DRYER V. NATIONAL FOOTBALL LEAGUE

No. 14-3428, 2016 WL 761178 (8th Cir. Feb. 26, 2016)
Appellants John Frederick Dryer, Elvin Lamont Bethea, and Edward Alvin White played
professional football in the National Football League (“NFL”). They participated in a putative
class-action lawsuit in which twenty-three former NFL players sued the NFL on behalf of
themselves and similarly situated former players. This suit claimed that films produced by NFL-
affiliate NFL Films violated the players' rights under the right-of-publicity laws of various states
as well as their rights under the Lanham Act, 15 U.S.C. § 1125. Twenty of those players settled
their dispute with the NFL, but the appellants elected to opt out of that settlement and pursue
their individual right-of-publicity and Lanham Act claims. The district court1 granted the NFL's
motion for summary judgment on these claims. We affirm. . . .
Because we hold that the Copyright Act preempts the appellants' right-of-publicity claims, we do
not reach the district court's alternative rationales for granting summary judgment to the NFL.
UNITED STATES V. FRISON

No. 15-1284, 2016 WL 3184476 (8th Cir. Jun. 8, 2016)
After a bench trial, Jack Frison, Sr., was convicted of conspiracy to commit offenses against the
United States in violation of 18 U.S.C. § 371, aiding and abetting copyright infringement in
violation of 17 U.S.C. § 506(a)(1)(A) and 18 U.S.C. § 2319(b)(1) and (2), and aiding and
abetting the trafficking of counterfeit goods in violation of 18 U.S.C. §§ 2320(a), (b)(1) and 18
U.S.C. § 2. The district court1 sentenced Frison to two years' imprisonment on each count, to be
served concurrently. Frison appeals, arguing that the statutes of conviction are unconstitutionally
vague as applied to him. We have jurisdiction pursuant to 28 U.S.C. § 1291, and finding no
constitutional violation, we affirm.
WARNER BROS. ENTERTAINMENT, INC. V. X ONE X PRODUCTIONS

No. 15-3728, 2016 WL 6436850 (8th Cir. Nov. 1, 2016)
X One X Productions, A.V.E.L.A., Inc., Art-Nostalgia.com, Inc., and Leo Valencia (collectively,
"AVELA") appeal a permanent injunction prohibiting them from licensing images from the films
Gone with the Wind and The Wizard of Oz, as well as the animated short films featuring cat-
and-mouse duo Tom and Jerry. The district court1 issued the permanent injunction after granting
summary judgment in favor of Warner Bros. Entertainment, Inc., Warner Bros. Consumer
Products, Inc., and Turner Entertainment Co. (collectively, "Warner") on their claim that
AVELA infringed their trademarks and engaged in unfair competition by licensing iconic
pictures and phrases from the films. For the reasons discussed below, we affirm. . . .
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AVELA alternatively argues that the $2,570,000 statutory damages award is disproportionate to
the offense, insufficiently reasoned, and in violation of this court's ruling in the previous appeal.
AVELA fails to establish that this is the case.
BROADCAST MUSIC, INC. V. KEN V, INC.

No. 4:14CV1647 NCC, 2016 WL 362513 (E.D. Mo. Jan. 29, 2016)
This matter is before the court pursuant to Plaintiffs' Motion for Summary Judgment. . . .
In support of their Motion for Summary Judgment, Plaintiffs have submitted copies of the
copyright registration certificates for each composition at issue, as well as any subsequent
assignments and other documents which indicate copyright ownership. . . . With this evidence,
for the purpose of summary judgment, Plaintiffs have satisfied the first three elements of the
five-element test to establish infringement of copyright of musical compositions. . . .
Further, Plaintiffs have established the fourth element, public performance, as Defendants admit
that the musical compositions were performed at Kenny's Bar & Grill as alleged by Plaintiffs.
Moreover, Plaintiffs have provided a Certified Infringement Report which states that the songs at
issue were played at Kenny's Bar & Grill on or about October 12, 2013. . . .
As for the fifth and last element of copyright infringement-the alleged infringer had not yet
received permission to play the copyrighted music-it is undisputed that, at the time BMI licensed
music was performed at Kenny's Bar & Grill, on October 12 and 13, 2013, Defendants did not
have a license from BMI. . . . As such, the court finds that the undisputed facts establish a prima
facie case of copyright infringement.
DESIGN BASICS, L.L.C. V. CARHART LUMBER COMPANY

No. 8:13CV125, 2016 WL 424974 (D. Neb. Feb. 3, 2016)
Plaintiff Design Basics, L.L.C., ("DB") is in the business of publishing and licensing
architectural designs. DB brings this copyright infringement action against the defendants
("Carhart")-who sell home building products and offer blueprint-drafting services-claiming that
Carhart "made infringing copies of DB's house plans" and "may have built one or more
infringing structures," or aided in doing so. Specifically, DB claims that Carhart "scann [ed],
cop[ied], and/or reproduc[ed] unauthorized copies" of DB's house plans; "creat[ed] derivative
works" from the plans; and "advertised, marketed and/or sold these or other infringing structures,
or aided and abetted such activities." (Filing 1, Complaint.)
Carhart has filed a motion for summary judgment (Filing 62), arguing that DB's claims are
barred by the Copyright Act's statute of limitations. . . .
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Joshua L. Simmons
(a) Defendants' motion for summary judgment (Filing 62) is granted only as to infringement
claims related to the posting on Carhart's website of house plans that potentially infringed DB's
copyrighted "Winter Woods," "Sinclair," "Laramy," and "Gabriel Bay" house plans;
(b) Defendants' motion for summary judgment (Filing 62) is denied as to DB's other possible acts
of infringement related to DB's copyrighted "Winter Woods," "Sinclair," "Laramy," and "Gabriel
Bay" house plans, such as reproducing unauthorized copies of the plans, aiding in the
construction of infringing structures from those plans, and marketing or selling infringing
structures derived from those plans;
(c) Defendants' motion for summary judgment (Filing 62) is denied as to Carhart's potential acts
of infringement on the remaining copyrighted house plans and plan books referenced in DB's
complaint that DB first discovered, or with due diligence should have discovered, on or after
April 18, 2010.
ORIENTAL TRADING COMPANY, INC. V. YAGOOZON, INC.

No. 8:13CV351, 2016 WL 2859603 (D. Neb. May. 16, 2016)
This matter is before the Court on plaintiffs' Oriental Trading Company, Inc. and Fun Express,
LLC ("plaintiffs"), three separate motions for partial summary judgment. . . .
Plaintiffs fail to meet the summary judgment standard for direct copyright infringement.
Although the first element is uncontested, the Court is unconvinced that plaintiffs have shown as
a matter of law that the second element has been satisfied. The parties dispute whether
Yagoozon, Amazon, or another third-party seller is responsible for the displaying of the
copyrighted photographs. . . .
Plaintiffs argue "if Amazon is to blame for copyright ... infringement, then Yagoozon is liable as
a contributory infringer." . . . . The evidence before the Court demonstrates the existence of
genuine issues of material fact whether defendant intentionally induced or encouraged either
Amazon or any other third-party seller to directly infringe plaintiffs' copyrighted photographs.
Plaintiffs' motions for summary judgement as to contributory copyright infringement will be
denied as to both Set One and Set Two.
STE. GENEVIEVE MEDIA, LLC, PLAINTIFF, V. PULITZER MISSOURI NEWSPAPERS,

INC. D/B/A DAILY JOURNAL, DEFENDANT.
No. 1:16 CV 87 ACL, 2016 WL 6083796 (E.D. Mo. Oct. 18, 2016)
This action is before the Court on Defendant's Motion to Dismiss. . . . Defendant argues that
Plaintiff's state law unjust enrichment claim is preempted by the Copyright Act. . . . Plaintiff's
news articles at issue in this case are within the subject matter of copyright. As such, the first
prong of the two-part analysis is satisfied. . . . Plaintiff's unjust enrichment claim is not
qualitatively different from a copyright infringement claim, and is therefore preempted.
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Ninth Circuit
Court of Appeals for the Ninth Circuit
IN RE BASHAS' INC.
Nos. 13-16414, 13-17061, 2016 WL 370667 (9th Cir. Jan. 29, 2016)
The district court didn't err in dismissing Robert Kubicek Architects & Associates, Inc.'s
("RKAA") copyright infringement claims. Given the jury verdict in favor of The Bosley Group,
Inc. ("TBG"), the issues presented in RKAA's claims against Bashas' for contributory
infringement and vicarious liability are precluded. See Robi v. Five Platters, Inc., 838 F.2d 318,
322 (9th Cir.1988). Further, the district court in the Bosley case found that RKAA had failed to
present any "evidence of direct infringement by Bashas'," and thus granted summary judgment to
TBG on RKAA's contributory infringement claim against TBG. RKAA didn't challenge this
ruling, therefore the issue of direct infringement by Bashas' is also precluded. Id. at 322. Because
all of RKAA's claims under the Copyright Act fail, its request for injunctive relief under 17
U.S.C. §§ 502 & 503 also fails.
MERCADO LATINO, INC. V. INDIO PRODUCTS, INC.

No. 13-57009, 2016 WL 2806889 (9th Cir. May. 13, 2016)
Plaintiff-Appellant Mercado Latino, Inc. (Mercado) appeals the district court's order dismissing
its complaint for failure to state a claim for relief. We have jurisdiction under 28 U.S.C. § 1291.
We reverse and remand.
The district court erred in dismissing Mercado's claim for trade dress infringement, as it was not
"preempted" by the Copyright Act. Plaintiffs may bring claims for copyright and trade dress
infringement based on the same wrongful conduct. . . . Here, Mercado is not alleging that Indio
has falsely designated the origin of "a communicative product." Thus, Mercado's trade dress
allegations do not raise any concern that its claims will "cause[ ] the Lanham Act to conflict with
the law of copyright." Rather, Mercado alleges a traditional trade dress claim that Indio's candles
bear a design so similar to Mercado's protected trade dress that consumers are confused into
believing that Indio's candles are Mercado's. Thus, as in Wal-Mart, Mercado may bring its claim
for trade dress infringement under Section 43 of the Lanham Act regardless of whether its claim
for copyright infringement is based on the same facts.
INGENUITY13 LLC V. JOHN DOE

No. 13-55884, 13-55882, 13-55883, 13-56028, 13-55859, 13-55881, 13-55880, 2016 WL
3212176 (9th Cir. Jun. 10, 2016)
Paul Duffy, Paul Hansmeier, and John Steele (collectively, "the Prenda Principals") appeal the
district court's award of attorney's fees, including a punitive multiplier, and a second supersedeas
bond order. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
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Joshua L. Simmons
BEIJING ZHONGYI ZHONGBIAO ELECTRONIC INFORMATION TECHNOLOGY CO.

LTD. V. MICROSOFT CORPORATION
No. 13-36102, 2016 WL 3693475 (9th Cir. Jul. 12, 2016)
Beijing Zhongyi Zhongbiao Electronic Information Technology Co. Ltd. ("Zhongyi") sued
Microsoft Corporation ("Microsoft") alleging copyright infringement. The district court
dismissed the complaint and Zhongyi appeals. We have jurisdiction, 28 U.S.C. § 1291, and
affirm.
Zhongyi argues that the district court erred by finding that the license agreement between
Zhongyi and Microsoft included a license to use Zhongyi's fonts in operating systems released
after Windows 95. We disagree. The agreement's terms granted Microsoft a "perpetual" license
to use the fonts in "any" Microsoft software product.
FRIEDMAN V. LIVE NATION MERCHANDISE, INC.

No. 14-55302, 2016 WL 4394585 (9th Cir. Aug. 18, 2016)
This case arises out of a copyright dispute over the use of photographs Appellant Glen Friedman
took of the hip hop group Run-DMC. Appellee Live Nation Merchandise ("Live Nation")
stipulated in the district court that it infringed Friedman's copyrights when it used his photos
without his authorization on t-shirts and a calendar. Our questions are whether there is sufficient
evidence in the record to permit a jury to conclude that Live Nation committed willful copyright
infringement, making it liable for additional damages under 17 U.S.C. § 504(c)(2); whether a
jury could conclude that Live Nation knowingly removed copyright management information
("CMI") from the photographs in violation of 17 U.S.C. § 1202(b); and whether Friedman can
recover statutory damages awards measured by the number of retailers who purchased infringing
merchandise from Live Nation, even though Friedman did not join those retailers as defendants
in his suit.
LOOMIS V. CORNISH
No. 13-57093, 2016 WL 4578363 (9th Cir. Sep. 2, 2016)
Plaintiff Will Loomis is the composer of a song called "Bright Red Chords." He brought this
lawsuit alleging that Defendant Jessica Cornish (publicly known as Jessie J) and a team of high-
profile songwriters led by Lukasz Gottwald (publicly known as Dr. Luke) stole a two-measure
vocal melody from Bright Red Chords and used it as the theme for the verse melody in their hit
song "Domino." The district court granted the Defendants' motion for summary judgment,
concluding that Loomis did not put forth any potentially admissible evidence to establish that the
Domino songwriters had access to Bright Red Chords. We affirm.
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DIRECT TECHNOLOGIES, LLC V. ELECTRONIC ARTS, INC.

No. 14-56745, 14-56266, 2016 WL 4608150 (9th Cir. Sep. 6, 2016)
Electronic Arts (EA) is the creator of The Sims, a popular computer game. EA contracted with a
production company called Lithomania to produce a USB flash drive shaped like a "PlumbBob,"
a gem-shaped icon from the computer game, to promote a "Collector's Edition" of The Sims.
Lithomania in turn contracted with Direct Technologies (DT) to produce a prototype of the
PlumbBob-shaped flash drive. EA approved the prototype, but DT's prototype was shipped to a
company in China to make essentially the same flash drives for $0.50 cheaper per unit than DT
proposed.
After DT settled breach of contract claims with Lithomania, DT sued EA under the federal
Copyright Act and the California Uniform Trade Secrets Act (CUTSA). The district court
granted summary judgment to EA. The district court held that the flash drive was not sufficiently
"original" when compared to the PlumbBob icon to qualify for copyright protection. . . . EA then
moved for attorneys' fees under each statute, but the district court denied fees on both claims,
concluding that DT's claims were neither objectively specious nor brought in bad faith.
With regard to the copyright claim, we hold that the district court erred by concluding as a matter
of law that the flash drive was not copyrightable. There is a genuine issue of material fact as to
whether DT's cut-away design for removing the USB flash drive from the PlumbBob object is
sufficiently non-functional and non-trivial to warrant copyright protection. A reasonable jury
could decide these questions in either party's favor. . . . Rejecting EA's cross-appeal, we further
hold that the district court did not clearly err or otherwise abuse its discretion in denying
attorneys' fees for this claim.
MALIBU TEXTILES, INC. V. LABEL LANE INT'L, INC.

No. 14-56635, 2016 WL 4759197 (9th Cir. Sep. 13, 2016)
The district court erred by granting the defendants' motion to dismiss with prejudice. Although
Malibu did not plead sufficient facts to state a claim for copyright infringement, the district court
abused its discretion by denying Malibu the opportunity to amend its complaint. Dismissal with
prejudice is appropriate only if the complaint "could not be saved by any amendment." . . . Here,
that is not the case.
MALIBU TEXTILES, INC. V. H&M HENNES & MAURITZ, L.P.

No. 14-56203, 14-56253, 2016 WL 4759195 (9th Cir. Sep. 13, 2016)
The district court erred by granting H&M's motion to dismiss with prejudice. Although Malibu
did not plead sufficient facts to state a claim for copyright infringement, the district court abused
its discretion by denying Malibu the opportunity to amend its complaint. Dismissal with
prejudice is appropriate only if the complaint "could not be saved by any amendment." . . . Here,
that is not the case.
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DE FONTBRUNE V. WOFSY
No. 14-15790, 2016 WL 5349749 (9th Cir. Sep. 26, 2016)
In granting Wofsy's Rule 12(b)(6) motion to dismiss de Fontbrune's claim, the district court
considered the parties' expert declarations on the nature of astreinte. We disagree with de
Fontbrune's proposition that consideration of such materials outside the pleadings was error.
Rather, under Rule 44.1's broad mandate, foreign legal materials-including expert declarations
on foreign law-can be considered in ruling on a motion to dismiss where foreign law provides the
basis for the claim. We reverse and remand, however, because, the district court erred in
concluding that the astreinte awarded by the French court in this case functioned as a "fine or
other penalty" for purposes of the Uniform Recognition Act.
REINICKE V. CREATIVE EMPIRE, LLC

No. 14-56467, 2016 WL 5845734 (9th Cir. Oct. 6, 2016)
The parties agree that the Ninth Circuit's test for whether an implied, nonexclusive copyright
license can be granted is set forth in Asset Marketing Systems, Inc. v. Gagnon . . . . Here, the
dispute centers around Reinicke's intent. . . . Every objective fact, as manifested by Reinicke's
conduct, supports a finding that an implied license existed. . . . The district court correctly found
that Reinicke granted Mango an implied license, which precluded this copyright infringement
suit.
CHOYCE V. SF BAY AREA INDEPENDENT MEDIA CENTER

No. 14-17318, 2016 WL 6123539 (9th Cir. Oct. 20, 2016)
In this copyright infringement action, Dionne Choyce ("Choyce") appeals the attorneys' fee
award to Layer 42.net, Inc. and SF Bay Area Independent Media Center (collectively,
"Appellees"). Choyce contends the court abused its discretion by awarding fees under 17 U.S.C.
§ 505 and that the amount of the award was also unreasonable. We affirm.
JETER V. THE PRESIDENT OF THE UNITED STATES

No. 15-15416, 2016 WL 6472068 (9th Cir. Nov. 2, 2016)
Adele T. Jeter, a.k.a. Adele Jeter-Wheaton, appeals pro se from the district court's judgment
dismissing for lack of subject matter jurisdiction her action alleging copyright infringement. We
have jurisdiction under 28 U.S.C. § 1291. We review de novo . . . and we affirm.
The district court properly dismissed Jeter's copyright infringement claims for lack of subject
matter jurisdiction because Jeter alleged those claims against the United States and individuals
acting on behalf of the United States, and the Court of Federal Claims therefore has exclusive
jurisdiction over those claims.
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ANTONICK V. ELECTRONIC ARTS, INC.

No. 14-15298, 2016 WL 6872072 (9th Cir. Nov. 22, 2016)
In this case, the plaintiff claimed copyright infringement. But the contents of the copyrighted
work and the allegedly infringing works were never introduced into evidence. The district court
held that the claim failed as a matter of law. We agree, and affirm.
OUELLETTE V. VIACOM INTERNATIONAL, INC.

No. 9:10-CV-00133-DWM, 12-35426, 2016 WL 7407244 (9th Cir. Dec. 22, 2016)
Todd Ouellette appeals pro se from the district court's judgment dismissing his action under the
Digital Millennium Copyright Act arising from Viacom's alleged misrepresentation that
Ouellette infringed its copyrighted materials. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo a dismissal under Federal Rule of Civil Procedure 12(c), Fajardo v. County of
Los Angeles, 179 F.3d 698, 699 (9th Cir. 1999), and we affirm.
District of Arizona
HUMPHREYS & PARTNERS ARCHITECTS LP V. ATLANTIC DEVELOPMENT &

INVESTMENTS INC.
No. CV-14-01514-PHX-JJT, 2016 WL 1535175 (D. Ariz. Apr. 15, 2016)
At issue are Plaintiff Humphreys & Partners Architects, LP's (HPA) Rule 12(b)(1) and Rule
12(b)(6) Motions to Dismiss. . . . First, the Court will resolve HPA's Rule 12(b)(1) Motion to
Dismiss Counterclaim Counts For Lack Of Subject Matter Jurisdiction . . . , seeking dismissal of
Counts I-IV of Defendants' Counterclaim. Defendants filed a Response . . . , and HPA filed a
Reply . . . . Second, the Court will resolve HPA's Rule 12(b)(6) and Rule 9(b) Motion to Dismiss
Counterclaim . . . , seeking dismissal of Counts II-XI of Defendants' Counterclaim. Defendants
filed a Response . . . , and HPA filed a Reply . . . . The Court finds these matters appropriate for
decision without oral argument. . . .
Here, Defendants contend that because the Counterclaim alleges facts to show that they possess a
copyright, they have standing to bring their copyright infringement claims against HPA.
Specifically, Defendants plead ownership of a copyright in the Masse Plans, through which they
also claim ownership over the plans subsequently prepared by HPA. . . . Plaintiff argues that the
Masse Plans do not fall within one of the prescribed categories of "work for hire" under the
Copyright Act and thus the copyright in the Masse Plans cannot belong to Defendants. . . . In
response, Defendants assert that Mr. Masse has testified that he created the plans with the
intention that Defendant ADI would hold the copyright in the plans, supporting their allegations
in the Counterclaim that they own the copyright. . . . Whether Defendants possess a valid
copyright in the Masse Plans is, at least in part, a question of fact not appropriate for resolution
on a motion to dismiss. . . .
In the Counterclaim, Defendants also plead injury from HPA's attempts to copyright work that
Defendants claim they own and damages from HPA's attempts to bar them from using the plans
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Joshua L. Simmons
to continue development at Castle Rock. . . . This is a sufficiently concrete and particularized

injury for standing purposes, and the alleged conduct traces to HPA. Further, in the event that
Defendants are successful in prosecuting their claims, the Court could grant injunctive or
monetary relief for the infringement. . . . Because Defendants have pled a particularized injury
that is fairly traceable to HPA's conduct, and because the Court can provide some relief in the
event that Defendants are successful, Defendants have standing to bring Counts II, III and IV of
the Counterclaim.
HUMPHREYS & PARTNERS ARCHITECTS LP V. ATLANTIC DEVELOPMENT &

INVESTMENTS INCORPORATED
No. CV-14-01514-PHX-JJT, 2016 WL 1660469 (D. Ariz. Apr. 27, 2016)
At issue are Plaintiff Humphreys & Partners Architects, LP's (HPA) Amended Motion for Partial
Summary Judgment . . . .
In resolving a copyright infringement claim, the presumption of copyright validity created by a

plaintiff's copyright registrations can be rebutted by the accused infringer's showing that
plaintiff's work is not original. . . . Here, Defendants have produced evidence that they provided
the Masse and Jones Plans to HPA, who merely revised those Plans, and that HPA's work is
substantially similar to the Masse and Jones Plans, the copyright for which Defendants hold. . . .
While HPA disputes that Defendants gave HPA all of the Masse and Jones Plans . . . and does
not admit that it used the Plans in completing its work . . . , Defendants have produced sufficient
evidence of a lack of originality to shift the burden of proving validity back to HPA. . . .
[A] genuine dispute exists as to whether HPA's work was derivative of the Masse and Jones
Plans-including the extent to which HPA received copies of the Masse and Jones Plans-and thus
the Court cannot determine if HPA's copyright application contained inaccurate information, let
alone whether HPA knowingly included any inaccurate information. . . . As a result, the question
to the Register of Copyrights as to whether HPA's provision of the alleged inaccurate
information would have affected its copyright approval may not be ripe. But, as the Court
already noted, Defendants have rebutted the presumption HPA's copyright registration provided
by proffering evidence of a lack of originality. As a result, HPA's copyright registration is not
dispositive of its ownership in a valid copyright; it must make a showing of authorship, creativity
and originality. In other words, an inquiry into HPA's copyright registration is moot at this stage.
Finally, HPA contends that the Court does not have jurisdiction to declare HPA's copyright
registrations invalid. The Court agrees that, to the extent Defendants may be asking the Court to
declare HPA's copyright registrations cancelled, the Register of Copyrights has primary
jurisdiction to make such a declaration. . . .
Apart from conclusory statements regarding the originality of its works, HPA attempts to
demonstrate originality in its briefs by drawing a comparison between its unit plans and
Defendants' Masse and Jones Plans, but this comparison lacks any citation to the record and is
therefore abstract. . . . Otherwise, HPA and Defendants produce controverting evidence of
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originality through, for example, testimony of an HPA architect that she "did not copy anything
from any other source" when she created the HPA plans and drawings . . . and Defendants'
expert's testimony regarding the identical nature of the copyrightable elements of the Masse and
Jones Plans and HPA's plans and drawings . . . . On a motion for summary judgment, the Court
may not weigh the controverting evidence and make a factual finding. . . . Defendants have
produced sufficient evidence to create a genuine dispute as to whether HPA's works contain the
requisite originality for copyright protection, and the Court must therefore deny HPA's request
for summary judgment as to that issue.
KELLY V. MARICOPA COUNTY SHERIFF'S OFFICE

No. CV-15-02572-PHX-GMS, 2016 WL 5109898 (D. Ariz. Sep. 20, 2016)
Pending before the Court is Defendants Maricopa County and Sheriff Joe Arpaio's Motion to
Dismiss. . . . For the following reasons, the Court denies the motion. . . . [I]t is not apparent from
the face of the complaint that Plaintiff's claim is time-barred. Construed in a light most favorable
to the nonmoving party, Plaintiff has sufficiently pleaded that Defendants' alleged infringement
took place within the three year statute of limitations.
Central District of California
FAHMY V. JAY-Z
No. 207CV05715CASPJWX, 2016 WL 409644 (C.D. Cal. Feb. 1, 2016)
In the instant case, the Court determined that plaintiff had assigned all of his economic rights in
Khosara to Jaber and therefore was not "[t]he legal or beneficial owner of an exclusive right
under a copyright." Moreover, in reaching this decision the Court cited and relied upon the
standard set forth in 17 U.S.C. § 501(b)--the standing provision of the Copyright Act.
Accordingly, the Court's ruling is appropriately considered as a determination that plaintiff
lacked statutory standing. . . .
[W]hen the Court ultimately dismissed this case for lack of statutory standing, that did not
deprive the Court of subject-matter jurisdiction. Rather, jurisdiction under Article III was
independently established because plaintiff claimed, throughout this case, that he had suffered
actual damages as a result of defendants' alleged infringement of Khosara.
LEDESMA V. CORRAL
No. 215CV04266ODWGJS, 2016 WL 827743 (C.D. Cal. Mar. 2, 2016)
Plaintiffs Manuel Ledesma (“Ledesma”) and Louis Barraza (“Barraza”) bring this dispute over
the events preceding the launch of Luis Coronel's (“Coronel”) professional music career.
Plaintiffs allege Defendant Coronel, along with Defendants Auturo Corral (“Corral”), Empire
Productions Inc. (“Empire”), and Worldwide Empire Productions, LLC (collectively,
“Defendants”), have deprived them of substantial compensation for their production and
management efforts and infringed upon their existing copyrights. Accordingly, Plaintiffs now
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Joshua L. Simmons
bring claims for copyright infringement, breach of contract, breach of fiduciary duty, accounting,
and fraud. (Second Am. Compl. [“SAC”] ¶ 1, ECF No. 47.) After this Court granted Coronel's
first Motion to Dismiss, Plaintiffs filed a Second Amended Complaint. (ECF Nos. 43, 47.) Now
all Defendants move to dismiss (Motion to Dismiss [“Mot.”], ECF No. 53.) For the reasons
below, the Court GRANTS Defendants' Motion to Dismiss with prejudice. . . .
Because Plaintiffs have failed to adequately allege facts to support a copyright claim under any
infringement theory, the Court GRANTS Defendants' Motion. Moreover, because Plaintiffs
failed to provide the Court with the necessary facts after the Court granted leave to amend, the
Court grants the Motion with prejudice.
WOLF VS. TRAVOLTA

No. CV 14-00938-CAS-PJW, 2016 WL 911469 (C.D. Cal. Mar. 4, 2016)
On February 6, 2014, plaintiff Alisa Wolf (“Wolf”) filed her original complaint in this lawsuit
against defendant Joseph “Joey” Travolta, d.b.a. Inclusion Films (“Travolta”), asserting one
claim for infringement of plaintiff's copyright in a written curriculum and program guide dated
May 10, 2006 and entitled, “Practical Film Vocational Program For People with Developmental
Disabilities” (the “first work” or “the May 2006 Work”). . . .
In accordance with the foregoing, defendants' motion for summary judgment is hereby DENIED
in part and GRANTED in part.
Specifically, defendants' motion is DENIED insofar as it seeks to invalidate plaintiffs' two

underlying copyrights. The motion is GRANTED insofar as (1) it argues that all of plaintiffs'
state law claims are time-barred, and (2) it seeks to bar damages from copyright infringement
beyond the three years preceding plaintiffs' assertion of the two copyright claims in this suit.15
In addition, having given the parties notice and a reasonable time to respond pursuant to Federal
Rule of Civil Procedure 56(f)(3), the Court hereby GRANTS summary judgment in favor of
defendants as to the entirety of plaintiffs' two copyright claims.
MINX INTERNATIONAL INC. V. CLUB HOUSE CREATIONS INC.

No. 215CV05645CASPLAX, 2016 WL 878479 (C.D. Cal. Mar. 7, 2016)
On July 24, 2015, plaintiff Minx International, Inc., d/b/a Damask Fabrics (“Minx” or
“plaintiff”) filed the instant action against defendant Rue 21, Inc. (“Rue 21”), and Does 1-10,
inclusive. Dkt. 1 (Compl.). On September 9, 2015, plaintiff filed the operative first amended
complaint in this action, which no longer asserts claims against Rue 21, and instead asserts
claims against defendants Club House Creations, Inc., (“Club House Creations” or “defendant”),
and Does 1-10, inclusive.1 Dkt. 11 (Compl.). The FAC asserts claims for copyright infringement
and “[v]icarious and/or [c]ontributory [c]opyright [i]nfringement” for defendant Club House
Creations's alleged misuse of plaintiff's two-dimensional graphic artwork design. See id.
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On January 19, 2016, defendant Club House Creations filed a motion to dismiss this action,
pursuant to Federal Rule of Civil Procedure 12(b)(6). Dkt. 19 (“Motion”). On February 15, 2016,
plaintiff filed an opposition to defendant's motion. Dkt. 21 (“Opp'n”). On February 22, 2016,
defendant filed a reply. (“Reply”). Having carefully considered the parties' arguments, the Court
finds and concludes as follows. . . .
Defendant argues that the operative FAC fails to state a claim for copyright infringment or for
“vicarious and/or contributory copyright infringement” for the following reasons: (1) because
plaintiff fails to plead ownership of a valid copyright for its alleged work; (2) because plaintiff
fails sufficiently to allege that defendant had access to plaintiff's works; (3) because plaintiff fails
to plead substantial similarity between the works at issue; (4) because plaintiff's work is not
sufficiently original; and (5) because “the works at issue, as a matter of law, are not substantially
similar in copyrightable expression.” Motion at 1. For reasons explained in the discussion that
follows, the Court disagrees, and accordingly denies defendant's motion to dismiss.
LIONS GATE ENTERTAINMENT INC. V. TD AMERITRADE SERVICES COMPANY,

INC.
No. CV 15-05024 DDP (EX), 2016 WL 1027998 (C.D. Cal. Mar. 14, 2016)
Presently before the Court is the Motion to Dismiss of Defendants TD Ameritrade Services
Company, TD Ameritrade, Inc., Amerivest Investment Management, LLC, and Havas
Worldwide New York, Inc. (collectively, “Defendants”). (Dkt. No. 49.) After considering the
parties' submissions and hearing oral argument, the Court adopts the following Order. . . .
The Copyright Act preempts rights under common law or state statutes that “are equivalent to
any of the exclusive rights within the general scope of copyright as specified by section 106.” . . .
The Supreme Court has extended this principle of copyright preemption to the Lanham Act and
federal trademark protection. . . .
First, the trademark and unfair competition claims must relate to subject matter within the scope
of the Copyright Act for preemption to apply. Section 102 of the Copyright Act extends
copyright protection to “original works of authorship fixed in any tangible medium of
expression.” . . . The statute specifically includes “motion pictures and other audiovisual works,”
such as the film Dirty Dancing, as well as literary works, musical works, and choreographic
works — all of which may be at issue here with the song, the screenplay quote, and the dance
lift. Id. § 102. Therefore, copyrighted and copyrightable subject matter is involved in Plaintiff's
unfair competition and trademark causes of action. . . .
The Court cannot see how this is different from a copyright infringement claim, or a claim that
Defendants have failed to obtain the permission of the author of the “idea, concept, or
communication embodied in those goods” Plaintiff claims to have licensed to use its phrase. . . .
Assuming copyrights in the line “Nobody puts Baby in a corner,” or in the film Dirty Dancing,
an unauthorized use of the copyrighted work includes copying the work and distributing it to the
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Joshua L. Simmons
public as well as making an unauthorized derivative work — like making an advertisement using
copyrighted work and distributing the ad to the public. . . .
The only difference between Plaintiff's copyright and trademark claims is that in the latter
claims, Plaintiff's allege that consumers will be confused by the unauthorized use as to Lions
Gate's association with the TD Defendants and their services. But the same rights are alleged in
the causes of action — the right to be the exclusive licensor and user of the sentence “Nobody
puts Baby in a corner.” Therefore, Plaintiff's trademark infringement and unfair competition
causes of action are also dismissed with prejudice because they are preempted by the Copyright
Act and so any amendment would be futile.
ASTOR-WHITE V. STRONG
No. CV 15-6326 PA (RAOX), 2016 WL 1254221 (C.D. Cal. Mar. 28, 2016)
Before the Court is a Motion to Dismiss filed by defendants Daniel Strong, Lee Daniels, Imagine
Television, LLC, and Twentieth Century Fox Film Corp. (collectively “Defendants”) (Docket
No. 20). Defendants challenge the sufficiency of the First Amended Complaint (“FAC”) filed by
plaintiff Jon Astor–White (“Plaintiff”). . . .
For all of the foregoing reasons, the Court concludes that the FAC fails to state a viable claim for
copyright infringement. Specifically, far from alleging facts that could support a reasonable basis
for finding that Defendants could have accessed Plaintiff's work, the FAC instead pleads facts
that are incompatible with access. No amendment that is consistent with the access allegations
contained in the FAC could cure these deficiencies. Additionally, an objective extrinsic analysis
of the two works reveals that they are not substantially similar in their protectable elements.
Because Plaintiff's treatment is the sole basis for his infringement claim, and that treatment is not
substantially similar to “Empire,” the Court concludes that any amendment would be futile. The
Court therefore grants Defendants' Motion to Dismiss and dismisses the FAC without leave to
amend.
SKIDMORE V. LED ZEPPELIN

No. CV153462RGKAGRX, 2016 WL 1442461 (C.D. Cal. Apr. 8, 2016)
On May 31, 2014, Michael Skidmore, as trustee for the Randy Craig Wolfe Trust (“Plaintiff”)
filed suit against Led Zeppelin, James Patrick Page, Robert Anthony Plant, John Paul Jones,
Super Hype Publishing, Inc., and Warner Music Group Corp., which is the parent company of
Warner/Chappell Music, Inc., Atlantic Recording Corporation, and Rhino Entertainment
Company (“Defendants”). On October 8, 2014, Plaintiff filed a First Amended Complaint
(“FAC”). The FAC claims that Defendants' song, Stairway to Heaven, infringes another song,
Taurus, created by the rock band Spirit. The lawsuit alleges: (1) Copyright Infringement and (2)
Violation of the Right of Attribution. . . .
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For the foregoing reasons, the Court GRANTS Defendants' Motion for Summary Judgment as to
the Right of Attribution claim and as to all claims against John Paul Jones, Super Hype
Publishing, Inc., and Warner Music Group Corp. The Court also GRANTS Defendants' request
to limit Plaintiff's damages to 50% of the recovery (his share as a beneficial owner). The Court
DENIES Defendants' Motion for Summary Judgment as to the Copyright Infringement claim
against the remaining Defendants.
ESTATE OF GRAHAM V. SOTHEBY'S, INC.

No. CV-11-08622-MWF-PLA, CV-11-08604-MWF-FFM, CV-11-08605-MWF-FFM, 2016 WL
1464229 (C.D. Cal. Apr. 11, 2016)
Before the Court are three Motions filed in these related actions . . . . Having considered the
papers filed on the Motions and the parties' arguments at the hearing held on March 21, 2016, the
Court rules as follows:
The Joint and eBay Motions are GRANTED to the extent they argue that the California Resale
Royalty Act (“CRRA”) is preempted under the Copyright Act of 1976. The CRRA stands in
conflict with the first sale doctrine codified in 17 U.S.C. § 109(a), which prohibits copyright
holders from exercising downstream distribution control of their products. Because the CRRA
regulates secondary transactions of fine art by permitting artists to recover unwaivable royalties
from resellers, the state law frustrates the purpose of § 109(a) and disrupts the equilibrium of the
Copyright Act. Plaintiffs' claims, moreover, are independently preempted under the express
preemption clause of 17 U.S.C. § 301(a) because they are not qualitatively different from
garden-variety copyright claims.
The eBay Motion is also GRANTED to the extent it contends that Defendant eBay is not a
proper Defendant under the CRRA. Plaintiffs' allegations that Defendant eBay acted as a seller
or a seller's agent are implausible in light of the functionality of Defendant eBay's website.
Because the CRRA imposes liability on only sellers of fine art or their agents, Plaintiffs' claims
against Defendant eBay are deficient.
The Joint and eBay Motions are DENIED, however, to the extent they claim that the CRRA
violates the Takings Clause of the Fifth Amendment and that Plaintiffs' allegations against
Defendants Sotheby's and Christie's fail under Rule 8. As to the Takings Clause, the property
interests in royalties belong to Plaintiffs, not to Defendants or their clients. There can be no
“takings” under these circumstances. And as to Plaintiffs' allegations, the Complaints plead
sufficient plausible facts to put Defendants Sotheby's and Christie's on notice of their
misconduct.
The Sotheby's Motion is DENIED. The jurisdictional arguments Defendant Sotheby's makes are
so intertwined with the merits of these actions that they are not appropriately adjudicated under
Rule 12(b)(1).
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WOLF V. TRAVOLTA
No. 214CV00938CASPJWX, 2016 WL 1676427 (C.D. Cal. Apr. 25, 2016)
Through the instant motion, defendants seek full compensation of $351,114.33 for the costs and
attorneys' fees incurred in defending against this suit.1 In light of the Court's application of the
Fogerty factors in the discussion that follows, the Court finds that an award of costs and
attorneys' fees is not appropriate in this case. . . .
Because the Court expressly denied defendants' motion as to the invalidity of plaintiffs'
underlying copyrights and ultimately granted summary judgment based only upon the statute of
limitations, the Court concludes that the degree of success obtained by defendants does not
support an award of attorneys' fees. . . .
[B]ecause the Court finds that plaintiffs' factual and legal arguments in this suit were not
objectively unreasonable, this factor weighs against awarding attorneys' fees to defendants. . . .
"[F]or the same reasons that the Court found [p]laintiffs' claims were not objectively
unreasonable, the Court finds that [p]laintiffs' claims were not frivolous."
[T]he Court does not find the existence of bad faith or an improper motive on the part of
plaintiffs themselves in bringing or pursuing this action. . . . Simply put, it is not the province of
the Court here to conclude that any further litigation regarding plaintiffs' copyrights is
objectively unreasonable or should be deterred simply because plaintiffs' claims were time-
barred in this action. Of course, the validity of plaintiffs' underlying copyrights will likely be a
live issue in the Michigan suit; "it is not the purpose of the Copyright Act 'to deter litigants from
bringing potentially meritorious claims, even though those claims may be ultimately
unsuccessful.' "
ROBERTS V. SWALLOW ET AL.

No. CV1603895SJOAFMX, 2016 WL 4034778 (C.D. Cal. Jul. 25, 2016)
This matter is before the Court on Defendants Eric Swallow ("Swallow") and Profitable Casino,
LLC's ("Profitable Casino") (together, "Defendants") Motion to Remand to State Court and
Request for Attorney's Fees of $30,555 Under 28 U.S.C. § 1447 ("Motion"), filed June 29, 2016.
Plaintiff Bryan J. Roberts ("Roberts" or "Plaintiff") opposed the Motion ("Opposition") on July
11, 2016, and Defendants replied ("Reply") on July 18, 2016. The Court found this matter
suitable for disposition without oral argument and vacated the hearing set for August 1, 2016. . . .
For the following reasons, the Court GRANTS IN PART and DENIES IN PART Defendants'
Motion, REMANDING the action to the Superior Court of California for the County of Los
Angeles but DENYING Defendants' request for attorneys' fees. . . .
[I]t is well-established that "[a] co-owner of a copyright cannot be liable to another co-owner for
infringement of the copyright." . . . This is because "each co-owner has an independent right to
use or license the use of the copyright." . . . Further, while "[a] co-owner of a copyright must
account to other co-owners for any profits he earns from licensing or use of the copyright," . . .
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"his duty to account to other co-owners for profits arises from equitable doctrines relating unjust
enrichment and general principles of co-ownership, and does not amount to an infringement
claim." . . . Thus, "[a]n action for an accounting or determination of ownership as between
alleged co-owners is founded in state law and does not arise under the copyright laws." . . . It
follows that, to the extent the parties' dispute concerns the ownership of the copyright in the
Software, such a dispute does not "arise under the copyright laws.'
ESTATE OF ROBERT GRAHAM, ET AL. V. SOTHEBY'S, INC.

No. CV-11-08622-MWF-PLA, CV-11-08605-MWF-FFM, CV-11-08604-MWF-FFM, 2016 WL
4136540 (C.D. Cal. Jul. 29, 2016)
Before the Court is Plaintiffs' Motion to Alter or Amend Judgment Pursuant to Fed. R. Civ. Proc.
59(e) (the "Motion"), filed in all three related actions on May 9, 2016. . . . The Motion is
DENIED. Plaintiffs seek to relitigate the same issues that have already been decided in the
Court's Order Re Motions to Dismiss (the "Order"). . . . As stated at both hearings and below in
this Order, the Court would prefer to follow the Morseburg decision and deny the Motion, if only
because that would give the appearance of being more respectful of Ninth Circuit authority. This
Court, however, must follow the Miller decision, has a fundamental duty to follow Supreme
Court precedent, and takes a view of the first sale doctrine that removes the totality of this ruling
from the ambit of Morseburg. Accordingly, this Court denies the Motion.
ACMET, INC. V. STAGE STORES, INC.

No. CV 15-4666-GHK (JCX), 2015 WL 12552063 (C.D. Cal. Sep. 17, 2015)
This matter is before us on Defendant Specialty Retailers, Inc.'s ("Defendant") Motion to

Dismiss ("Motion"). We have considered the papers filed in support of and in opposition to the
Motion and deem this matter appropriate for resolution without oral argument. . . .
Although Defendant argues that we may apply the extrinsic test in this case on a motion to
dismiss, we disagree. . . . [T]he patterns in this case are such that we cannot conclude as a matter
of law that they are not substantially similar.
8TH WONDER ENTERTAINMENT, LLC V. VIACOM INTERNATIONAL, INC.

No. 214CV01748DDPJCG, 2016 WL 6882832 (C.D. Cal. Nov. 22, 2016)
Presently before the court is Defendants Viacom International Inc., MTV Networks Enterprises,
Inc., New Pop Culture Productions, Inc., Monami Entertainment, LLC, Mona Scott-Young,
NFGTV, Inc., Jim Ackerman, Jeff Olde, Toby Barraud, Stefan Springman, and Christian
McLaughlin's (collectively, "Defendants") Motion for Summary Judgment on Plaintiffs 8th
Wonder Entertainment, LLC ("8th Wonder"), Nickie Lum-Davis and Trisha Lum's (collectively,
"Plaintiffs") action for copyright infringement. . . . After considering the parties' submissions and
hearing oral argument, the court adopts the following Order. . . . Given that each factor strongly
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Joshua L. Simmons
counsels against a finding of substantial similarity, the court concludes that, even if Plaintiffs'
Treatment contained any protectable elements, no reasonable jury could conclude that the two
works are substantially similar.
URBAN TEXTILE, INC. V. RUE 21, INC.

No. 214CV08285ODWFFMX, 2016 WL 6951925 (C.D. Cal. Nov. 28, 2016)
This case involves a fabric designer suing a manufacturer and a retailer for copyright
infringement. Plaintiff Urban Textile ("Urban") contends that since some time after December 5,
2013, Defendants Mark Edwards Apparel, Inc. ("Mark Edwards") and rue21, Inc. ("rue21") have
been making and distributing garments featuring designs strikingly similar to Urban's. . . .
On November 25, 2015, Urban filed a Motion for Partial Summary Judgment, asking this Court
to find that Defendants willfully infringed its copyright as a matter of law. . . . On March 28,
2016, the same day that the parties concluded their briefing for the Motion for Partial Summary
Judgment, Defendants filed a Motion for Issuance of a Request to the Register of Copyrights and
to Stay the Case Pending Response. . . . The Court granted the request, and on September 16,
2016, the Copyright Office filed its response. . . .
Taking into account the Copyright Office's response and for the reasons discussed below, the
Court DENIES Plaintiff's Motion for Partial Summary Judgment. . . .
[T]he Court cannot determine, as a matter of law, that the allegedly infringing garments bear a
pattern that is "virtually identical" to Urban's fabric design UB-4564. As such, the Court denies
Plaintiff's Motion for Partial Summary Judgment as to this design. Because summary judgment
is not appropriate on the issue of similarity, the Court does not address the other required
elements for a finding of infringement.
AMUSEMENT ART, LLC V. LIFE IS BEAUTIFUL, LLC

No. 214CV08290DDPJPR, 2016 WL 6998566 (C.D. Cal. Nov. 29, 2016)
Presently before the court are (1) Defendant Downtown Las Vegas Management's ("DLVM")
Motion for Summary Judgment; (2) Defendant Life is Beautiful, LLC's ("LIB") Motion for
Summary Judgment; (3) Defendants' Motion for Summary Judgment as to Counterclaims for
Cancellation of Plaintiffs' Trademark Registrations; (4) Defendants' Motion for Partial Summary
Judgment as to Plaintiffs' Claims for Monetary Damages; and (5) Defendants' Motion to Exclude
Expert Testimony of Jonny Joseph. (Dkts. 95, 97, 103, 137, 138.) After reviewing the parties'
submissions and hearing oral argument, the court adopts the following Order. . . .
The court concludes that there is no triable issue of fact as to Plaintiffs' claim for copyright
infringement of the heart design. First, a number of differences between the images leads to the
conclusion that no rational jury could find the two heart designs "virtually identical." On the
level of color, Guetta's heart is largely a monochromatic faded red while LIB uses at least two
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shades of two colors-red and purple-to depict their heart. Guetta's heart is composed of a much
more dramatic splash of plaint with splatters reaching across the canvas, compared to LIB's more
controlled drip pattern on the heart. Moreover, Guetta's heart looks like a handmade image with
no smooth portions in the heart outline, while LIB's looks like it may have been computer-
generated with extended smooth lines for several portions of the heart's outline. Finally, the fact
that both heart designs were used in connection with the phrase "Life is Beautiful" does not
support a finding of substantial similarity. As a matter of law, the court is unaware of any
precedent that permits this additive approach, which allows a fact finder to consider the images
that a copyrighted image appears near in order to determine whether the images actually in
dispute are themselves substantially similar. Moreover, as a factual matter, Defendants direct the
court to a logo from an uninvolved third party that also uses the phrase "Life is Beautiful" with a
splattered heart design, suggesting that such coincidences can occur without any further
meaning.
Eastern District of California
WILD V. BENCHMARK PEST CONTROL, INC.

No. 1:15-CV-01876- JLT, 2016 WL 1046925 (E.D. Cal. Mar. 16, 2016)
Plaintiff Alexander Wild, doing business as Alex Wild Photography, asserts he took a photo of
an ant that he registered with the United States Copyright Office. Plaintiff contends Defendant
Benchmark Pest Control used the photo on its website, without permission from Plaintiff, and is
liable for Copyright Infringement. (Doc. 1)
Defendant responded to the allegations by filing an Answer, and identified eleven affirmative
defenses. (Doc. 8) Plaintiff now seeks to strike each of the affirmative defenses.1 (Doc. 11) For
the following reasons, Plaintiff's motion to strike is GRANTED IN PART. . . .
Plaintiff asserts this affirmative defense fails because it lacks factual support and is immaterial to
his claims. (Doc. 11 at 4, 8) In general, waiver is an “intentional relinquishment or abandonment
of a known right.” . . . Notably, the Ninth Circuit has determined that in a copyright infringement
action, “waiver or abandonment of copyright,” which “occurs only if there is an intent by the
copyright proprietor to surrender rights in his work.” . . . Here, there is no indication in
Defendant's answer that Plaintiff engaged in activity that constitutes a waiver or abandonment of
his copyright. Without supporting factual allegations, the assertion that the doctrine of waiver is
applicable is insufficient. . . . Because, as Defendant concedes, the Fourth Affirmative Defense
lacks factual support, the defense is STRICKEN with leave to amend. . . .
Significantly, defendants asserting a fair use of a copyrighted work must allege some facts to
give a plaintiff notice of how the defense is applicable in the action. . . . Though Defendant states
it believes Plaintiff's actions cause the material to fall within the fair use exception, Defendant
fails to explain why it thinks so. Indeed, the defense fails allege any facts addressing the factors
set forth above, demonstrating the use was fair. Merely citing to the statute is insufficient.
Because Defendant fails to allege facts regarding how the doctrine of fair use applies here, the
defense is insufficiently pleaded. Therefore, Plaintiff's motion to strike the Sixth Affirmative
Defense is GRANTED, and the defense is stricken with leave to amend. . . .
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Joshua L. Simmons
Plaintiff argues this affirmative defense is immaterial “because 17 U.S.C. § 113(c) is applicable
where the use is lawful.” (Doc. 11 at 8) Plaintiff contends, “Defendant's use is not lawful because
Defendant has not obtained Plaintiff's permission to use the image.” (Id. at 8-9) Contrary to
Plaintiff's argument, pursuant to the terms of Section 113(c), permission is not required for the
use of an image. Nevertheless, Defendant has not pleaded facts to support the assertion that the
use was exempted pursuant to Section 113(c), such as whether the image was produced in a news
report or an article available to the public, and whether Defendant's use was made in connection
with any article or news report. Accordingly, Plaintiff's motion to strike the Seventh Affirmative
Defense is GRANTED and the defense is stricken with leave to amend.
FOLKENS V. WYLAND (NFN)

No. 214CV02197JAMCKD, 2016 WL 1375584 (E.D. Cal. Apr. 7, 2016)
This action arises from a copyright dispute between Plaintiff Folkens dba A Higher Porpoise
Design Group (“Plaintiff”) and Defendants Wyland (NFN), Wyland Worldwide, LLC, Wyland
Galleries, Inc., and Signature Gallery Group, Inc. (collectively, “Defendants”). Defendants filed
a motion for summary judgment (Doc. #33). This Order addresses the first claim for relief for
copyright infringement as to the painting by Wyland entitled “Life in the Living Sea”; the Court
took this portion of Defendants' motion under submission at the hearing on March 22, 2016. For
the reasons stated below, the Court GRANTS the motion.
The main similarity between Wyland's “Life in the Living Sea” and Plaintiff's “Two Dolphins” is
two dolphins swimming underwater, with one swimming upright and the other crossing
horizontally. . . . But this idea of a dolphin swimming underwater is not a protectable element.
Moreover, Plaintiff has “failed to identify any elements” of his work “that are not commonplace
or dictated by the idea of [two] swimming dolphin[s].” . . . The concept of two dolphins crossing
underwater “necessarily follow[s] from the idea of” two dolphins swimming together. Id.
Specifically, the cross-dolphin pose featured in both works results from dolphin physiology and
behavior since dolphins are social animals, they live and travel in groups, and for these reasons,
they are commonly depicted swimming close together.
WILD V. PETERSON
No. 2:15-CV-2602-KJM-KJN, 2016 WL 3854242 (E.D. Cal. Jul. 15, 2016)
Presently pending before the court is plaintiff Alexander L. Wild d/b/a Alex Wild Photography's
motion for entry of a default judgment against defendant Dean Peterson d/b/a Certified Pest
Management, who is the only named defendant in this action. (ECF No. 13.) Plaintiff's motion
was initially filed on March 22, 2016. (Id.) On April 8, 2016,...
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In sum, without committing fraud defendant would not have been in the position to undertake the
conduct that served as the basis of plaintiff's software claim. Accordingly, the court declines to
award attorney's fees.
NATIONAL GRANGE OF THE ORDER OF PATRONS OF HUSBANDRY V. CALIFORNIA

STATE GRANGE
No. 2:16-201 WBS DB, 2016 WL 6696061 (E.D. Cal. Nov. 15, 2016)
Plaintiffs the National Grange and the California State Grange (collectively "plaintiffs") brought
this action against defendants the California Guild and Robert McFarland (collectively
"defendants"), alleging that defendants are falsely representing themselves to be the same
organization as or responsible for the history and achievements of the California State Grange. . .
. Presently before the court is defendants' motion to dismiss plaintiffs' first amended Complaint
or, in the alternative, for a more definite statement of claims. . . .
Because plaintiffs have alleged ownership of the website materials and defendants' unauthorized
copying of such materials, they have stated a plausible claim for copyright infringement. . . .
Plaintiffs have alleged substantial similarity in the website materials.
TELEVISION EDUCATION, INC. V. CONTRACTORS INTELLGIENCE SCHOOL, INC.

No. CV 2:16-1433 WBS EFB, 2016 WL 7212791 (E.D. Cal. Dec. 12, 2016)
Plaintiff Television Education, Inc. brought this action against defendants Contractors
Intelligence School and Contractors Publisher (collectively "defendants") for alleged copyright
infringement.1 (First Am. Compl. ("FAC") . . . .) Before the court is plaintiff's Motion to strike
eleven of the twenty-six affirmative defenses asserted in defendants' Answer. (Pl.'s Mot. . . . .) . .
.
IT IS THEREFORE ORDERED that the following affirmative defenses are hereby STRICKEN
from defendants' Answer: (4) plaintiff's "waiver" of its copyright infringement claim; (5) the
doctrines of "unjust enrichment and in pari delicto"; (6) "the doctrine of unclean hands"; (11)
defendants' "good faith" in using plaintiff's materials; (12) defendants' "fair use" of plaintiff's
materials; (13) plaintiff's "improper purpose," "abuse of process," and "improper restraint of
trade" in filing this action; (18) plaintiff's failure to comply "with the statutory formalities of
either the Copyright Act of 1909 or the Copyright Act of 1976"; (22) "the doctrine of
independent creation"; (25) "the doctrine of copyright misuse"; and (26) defendants' "right of
offset."
IT IS FURTHER ORDERED that plaintiff's Motion to Strike defendants' tenth affirmative

defense-expiration of plaintiff's claim under the statute of limitations set forth in 17 U.S.C. §
507(b)-be, and the same hereby is, DENIED.
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Joshua L. Simmons
Northern District of California
MEDIA.NET ADVERTISING FZ-LLC V. NETSEER, INC.

No. 14-CV-03883-EMC, 2016 WL 141707 (N.D. Cal. Jan. 12, 2016)
Plaintiff Media.net Advertising FZ-LLC initiated this lawsuit against Defendant NetSeer, Inc.
The First Amended Complaint (“FAC”) asserts two claims of copyright infringement, as well as
claims of intentional interference with business contract, intentional interference with
prospective business relationship, and violations of California's Unfair Competition Law
(“UCL”), California Business and Professions Code section 17200 et seq. Docket No. 32.
Defendant moves for summary judgment on the copyright infringement claims and to dismiss the
state law claims. Docket No. 36. In the alternative, Defendant seeks dismissal of the copyright
claims or a more definite statement. Id. Having considered the parties' briefs and oral argument,
as well as the relevant legal authority, the Court hereby DENIES Defendant's Motion for
Summary Judgment and GRANTS IN PART Defendant's Motion to Dismiss. . . .
Accordingly, the Court finds Plaintiff's copyright registrations contain copyrightable subject
matter and are valid. . . .
As such, Plaintiff has likely adequately pled the first element for both of its copyright
infringement claims. . . .
The problem is that the FAC fails to set forth facts that explain how Defendant copied the
copyrighted material. Plaintiff's FAC does not describe how Defendant had access to Plaintiff's
HTML code. It instead makes conclusory assertions that Defendant copied the HTML code from
Plaintiff's search results pages and does not explain how Defendant had access to it. See Jordan-
Benel, 2015 WL 3888149, at *10 (“To allege access, [the p]laintiff must allege facts suggesting a
‘reasonable opportunity’ or ‘reasonable possibility’ of viewing the plaintiff's work.”) (quoting
Three Boys Music Corp. v. Bolton, 212 F.3d 477, 482 (9th Cir. 2000)). In addition, the FAC
does not list every portion of Plaintiff's HTML code that Defendant allegedly infringed. At the
hearing, counsel for Plaintiff represented that the list contained in the FAC is not an exclusive
list, but merely provides examples of the alleged infringement. See FAC ¶ 47. Given this
representation, it appears there may be other portions of the HTML code that Defendant
allegedly copied. Dismissal is thus warranted as Plaintiff fails to identify which sections it
alleges Defendant copyrighted. See Reinicke v. Creative Empire, 2013 WL 275900, at *6-7
(N.D. Cal 2013 Jan. 24, 2013) (dismissing complaint where the plaintiff failed to identify which
portions of the work the defendant allegedly infringed).
The Court grants Defendant's motion to dismiss but grants Plaintiff leave to amend to identify
each portion of the HTML code Defendant allegedly infringed and to allege facts regarding
Defendant's access to Plaintiff's HTML code.
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RYAN V. EDITIONS LIMITED WEST, INC.

No. 5:06-CV-04812-PSG, 2016 WL 233093 (N.D. Cal. Jan. 19, 2016)
Having traveled to the Ninth Circuit and back multiple times, Plaintiff Victoria Ryan once again
seeks attorney's fees and Defendants Editions Limited West, Inc. et al. oppose.1 Ryan's motion is
GRANTED-IN-PART, and no later than February 2, 2016, ELW shall remit payment to her in
the total amount of $349,083.00.
REGAL ART & GIFTS, INC. V. FUSION PRODUCTS, LTD.

No. 15-CV-04363-KAW, 2016 WL 454116 (N.D. Cal. Feb. 5, 2016)
On December 22, 2015, Defendants Fusion Products, Ltd. and Menard, Inc. filed a motion to
dismiss under Federal Rule of Civil Procedure 12(b)(6). (Defs.' Mot., Dkt. No. 11.) Additionally,
Menard moves to dismiss for lack of personal jurisdiction under Rule 12(b)(2).
On February 4, 2016, the Court held a hearing, and after careful consideration of the parties'
arguments, for the reasons set forth below, the Court GRANTS IN PART AND DENIES IN
PART Defendants' motion to dismiss. . . .
Third, is whether the nonresident defendant should have foreseen that it would cause harm in
California. Generally, a defendant is found to know that the action would cause harm in the state
in which the copyright holder is located. . . . Menard argues that it was not aware of Plaintiff or
Plaintiff's copyright, let alone Plaintiff's location, until after it received the cease and desist letter,
so the harm in California was not foreseeable. (Defs.'Mot. at 14; Decl. of Jeffrey R. Sacia ¶ 10.)
In opposition, Plaintiff contends that it is one of the top five suppliers of garden decor in the
United States, such that it is highly unlikely that Menard had never heard of it. (Pl.'s Opp'n at
10.) Additionally, Plaintiff argues that Menard should have known that the accused product was
copyright protected by a company residing in California because the cease and desist letter was
sent by counsel located in the Northern District. Id.
Generally, a sale made after an entity was made aware that it was selling an allegedly infringing
product is sufficient to infer that it knew that its action would cause harm in the forum. . . . The
operative complaint, however, does not contain any facts regarding the cease and desist letter.
Thus, while the complaint does not currently allege sufficient facts to show that Menard should
have foreseen that it would cause harm in California, Plaintiff is granted leave to amend to do so.
...
As an initial matter, Defendants contend that the fourth (intentional interference), fifth (negligent
interference), and sixth (unfair competition) causes of action are preempted by the Copyright
Act. . . .
It is undisputed that the Solar Mushroom Stake Dragonfly falls within the category of pictorial,
graphic, and sculptural works. See 17 U.S.C. § 102(a)(5). . . .
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Joshua L. Simmons
In the preemption context, the focus is on whether the right invoked by the state law claim is
protected by the Copyright Act. In other words, if the state law claim turns upon the existence of
a copyright, then the claim is preempted. . . . If the claim addresses a different right, as in the
case of breach of contract, the claim is said to have an “extra element,” and survives preemption.
. . . Since the interference claims turn on the existence of the copyright, they are preempted. . . .
To the contrary, like the inference claims discussed above, any claim pertaining to the goodwill
and deceiving the public is based wholly on Defendants' allegedly unauthorized copying and
distribution of the Solar Mushroom Stake Dragonfly. Since § 106 of the Copyright Act protects
against unauthorized copying and distribution, the unfair competition claim does not protect a
right that is qualitatively different. Thus, the unfair competition cause of action is preempted.
PHANTOMALERT, INC. V. GOOGLE INC.

No. 15-CV-03986-JCS, 2016 WL 879758 (N.D. Cal. Mar. 8, 2016)
Plaintiff PhantomALERT, Inc. (“PhantomALERT”) asserts copyright infringement and

conversion claims against Defendants Google Inc. (“Google”) and Waze, Inc. (“Waze”) based on
alleged copying of its “Points of Interest” database. On December 14, 2015, the Court granted in
part Defendants' Motion to Dismiss, finding that PhantomALERT had not sufficiently alleged a
claim for copyright infringement and dismissing the complaint with leave to amend. The Court
did not address Defendants' challenges to Plaintiff's state law claim for conversion.
PhantomALERT filed its First Amended Complaint (“FAC”) on January 13, 2016 and
Defendants now bring a Motion to Dismiss Plaintiff's First Amended Complaint (“Motion”). A
hearing on the Motion was held on March 4, 2015 at 9:30 a.m. For the reasons stated below, the
Motion is GRANTED and the FAC is dismissed with leave to amend as to the copyright claim. .
..
Applying these principles to the case at hand, PhantomALERT can state a claim for copyright
infringement only if it can allege facts supporting a plausible inference that: 1) it has a
protectable copyright interest in the Points of Interest database based on originality associated
with the individual Points of Interest, the database as a whole, or both; and 2) Defendants copied
the Points of Interest or the database as a whole in a manner that preserved the originality that
gives rise to copyright protection..For the reasons stated below, the Court concludes that the
allegations in the FAC are sufficient to demonstrate a protectable copyright interest but not to
support a plausible inference of copying.
AUTODESK, INC. V. KOBAYASHI + ZEDDA ARCHITECTS LTD.

No. 15-CV-03822-MEJ, 2016 WL 1610989 (N.D. Cal. Apr. 22, 2016)
Defendant Kobayashi + Zedda Architects Ltd., dba KZA ("Defendant") moves to dismiss
Plaintiff Autodesk, Inc.'s ("Plaintiff") copyright infringement action for lack of personal
jurisdiction under Federal Rule of Civil Procedure ("Rule") 12(b)(2), improper venue under Rule
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12(b)(3), and failure to state a claim upon which relief can be granted under Rule 12(b)(6). . . .
The Court finds this matter suitable for disposition without oral argument and VACATES the
May 5, 2016 hearing. . . . Having considered the parties' positions, relevant legal authority, and
the record in this case, the Court DENIES Defendant's Motion for the following reasons. . . .
Having reviewed Plaintiff's allegations and construing them in the light most favorable to it, the
Court finds Plaintiff has stated a plausible claim. "Copyright is a federal law protection provided
to the authors of 'original works of authorship,' including software programs." . . . Copyright
infringement occurs whenever someone "violates any of the exclusive rights of the copyright
owner." . . . As a copyright owner, Plaintiff possesses the exclusive right to reproduce its work. .
. . Plaintiff alleges Defendant has copied and reproduced its products without permission and
circumvented technological measures designed to control access to them. . . . It provides a list of
nine Autodesk copyright registrations. Id., Ex. A. While Plaintiff does not state whether
Defendant has allegedly infringed upon all these products, the Court finds Plaintiff's allegations
provide fair notice to Defendant of the claims against it. Further, given the parties' business
relationship that spans a period of years, it is likely that discovery will crystallize the extent of
Plaintiff's infringement allegations. Accordingly, the Court DENIES Defendant's 12(b)(6)
Motion to Dismiss.
ORACLE AMERICA, INC. V. GOOGLE INC.

No. C 10-03561 WHA, 2016 WL 1743129 (N.D. Cal. May. 2, 2016)
In this copyright infringement action, the copyright owner seeks to exclude portions of the
testimony of the accused infringer's technical expert on issues related to fair use and seeks partial
summary judgment that the accused infringer's use was not transformative. The final pretrial
order Granted in Part and Denied in Part plaintiff Oracle America, Inc.'s motion, ruling that Dr.
Owen Astrachan may not offer testimony regarding his "understanding" that
"transformativeness" means "opening new horizons," that he must be clear that his references to
compatibility and interoperability relate only to the expectations and conventions of Java
developers, and that he must not offer conclusions regarding the economic effect of Android on
the market for Java.

In this copyright infringement action, the accused infringer seeks to exclude evidence relating to
new implementations of its software platform that are not accused herein. The final pretrial order
Granted defendant Google Inc.'s motion and ruled that evidence regarding Android Wear,
Android Auto, Android TV, and Brillo would be excluded from the forthcoming trial.
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Joshua L. Simmons

Plaintiff moves to exclude testimony based on portions of the report of defendant's damages
expert as well as portions of his reply report. The final pretrial order Granted in Part and Denied
in Part plaintiff's motion, ruling that Dr. Gregory Leonard may not offer any disgorgement
analyses based on non-infringing alternatives (except to meet Oracle's argument that Google had
no choice but to infringe in order to meet a limited window of opportunity). That order also held
that Leonard may not rely on the Kim model for any purpose.

In this copyright infringement action involving Java and Android, plaintiff moves to exclude the
survey and opinion of defense expert Dr. Itamar Simonson. The final pretrial order held that
Google could offer Simonson's testimony subject to the following limitations. Simonson must
make clear that his survey was directed at the factors that developers consider in general when
determining which platform to develop for, and he may not offer any conclusion about whether
that general proposition is specifically applicable to 2007-08. Simonson may not opine about the
meaning that survey respondents attributed to the ambiguous and overlapping terms "popularity,"
"established user base," or "market demand." Simonson must adjust his testimony to reflect only
the conclusions in his survey without the inclusion of pre-testing results.

In this copyright infringement action involving Java and Android, defendant moves to exclude
the report and testimony of plaintiff's expert on damages. For the following reasons, the motion
is Denied in Part.

In this copyright infringement action, the accused infringer moves to exclude portions of the
testimony of the copyright owner's damages/disgorgement expert, James Malackowski. The final
pretrial order GRANTED IN PART AND DENIED IN PART defendant Google Inc.'s motion to
exclude portions of Malackowski's testimony. Specifically, it excluded Malackowski's
conclusions that Oracle was entitled to recover the entire contribution of the Android platform to
the revenue streams he considered, and that no further apportionment was possible. It also
excluded Malackowski's lost profits analysis to the extent it relied on a revenue forecast beyond
2011. Finally, it excluded certain testimony regarding Project Acadia.
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OPENWAVE MESSAGING, INC. V. OPEN-XCHANGE, INC.

No. 16-CV-00253-WHO, 2016 WL 2621872 (N.D. Cal. May. 9, 2016)
This lawsuit stems from the disintegration of the business relationship between plaintiff
Openwave Messaging, Inc. (Openwave) and defendant Open-Xchange, Inc. (OX). Openwave
asserts eleven claims, including copyright infringement, false advertising, breach of contract and
numerous business torts, as a result of OX's conduct. Openwave's federal claims are not
adequately pleaded - it has not sufficiently alleged infringement of its copyright in the United
States . . . .
Openwave relies on paragraph 46 of its complaint that "OX's misconduct has negatively
impacted a number of Openwave's existing clients across the globe," as support for
"infringement in the United States." . . . However, in that section of its Complaint, Openwave
details examples of OX's alleged bad acts with customers based in the United Kingdom, the
UAE, Europe, and Asia. . . . There is no express allegation and no factual examples supporting
an assertion of infringement within the United States. Openwave also cites paragraph 16 -
alleging that Open-Xchange, Inc. is incorporated in Delaware and has an office in Palo Alto - as
well as paragraphs 86-95 - containing Openwave's general copyright infringement allegations.
Id. But these paragraphs do not specifically allege or allow the reasonable inference that
copyright infringement has occurred in the United States.
UNITED STATES OF AMERICA V. SHAYOTA

No. 15-CR-00264-LHK, 2016 WL 2654410 (N.D. Cal. May. 10, 2016)
On March 23, 2016, the defendants in this action filed pre-trial motions. . . . [T]he offense
charged under the general conspiracy statute in Count Two, conspiracy to commit criminal
copyright infringement, does not require proof of the use of a registered trademark. Rather, the
jury must find an agreement to willfully infringe a copyright for commercial advantage or private
financial gain. 17 U.S.C. § 506(a)(1)(A). Count One does not require infringement of a
copyright.
BALIK V. TOY TALK, INC.

No. 15-CV-04556-JST, 2016 WL 3212455 (N.D. Cal. Jun. 10, 2016)
Before the Court is Defendants' Joint Motion to Dismiss Plaintiff's Third Amended Complaint. . .
. The motion is granted, and because further amendment would be futile, the case shall be
dismissed with prejudice. . . .
Defendants contend that Plaintiff's copyright infringement claim is implausible because he has
failed to allege a valid copyright. . . . They note that Plaintiff has failed to register his copyright
with the Copyright Office, and further that he appears to be alleging a copyright in an underlying
idea for toy design, which is expressly prohibited by the Copyright Act. . . .
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Joshua L. Simmons
Plaintiff does not appear to contest that he is seeking copyright protection for an idea rather than
a specific work of original authorship. . . . Instead, Plaintiff seems to argue in his opposition that
he has sufficiently demonstrated the originality of his idea, and cites to Satava v. Lowry. . . and
Aliotti v. R. Dakin & Co. . . . This argument is not relevant to Defendants' contention that
Plaintiff cannot obtain copyright protection for an idea rather than a work, and in any event,
Defendants persuasively argue that this argument is not true in light of Plaintiff's allegations that
toymakers had already been considering the same concept. . . . Finally, although Plaintiff does
allege that he expressed his ideas "via PowerPoint docs," . . . he has not alleged any
infringement of text, images, or other expressive content contained in those PowerPoint
documents.
Accordingly, the Court concludes Plaintiff has not plausibly alleged a claim for copyright
infringement, and grants Defendants' Motion to Dismiss in regards to that claim.
FRANS LANTING, INC. V. MCGRAW-HILL GLOBAL EDUCATION HOLDINGS, LLC

No. 15-CV-05381-DMR, 2016 WL 3231529 (N.D. Cal. Jun. 13, 2016)
Before the court is Plaintiff Frans Lanting, Inc.'s revised motion for leave to amend the
complaint in this copyright infringement action against Defendants McGraw-Hill Education
Global Education Holdings, LLC and McGraw-Hill School Education Holdings, LLC
(collectively "Defendants" or "MHE"). . . . Plaintiff alleges that Defendants' use of certain photos
infringed Plaintiff's copyrights by using them beyond the scope of the applicable license
agreements. In the revised First Amended Complaint, Plaintiff seeks to remove sixty-six of the
ninety-seven originally pleaded claims which have been shown by Defendants' usage data to be
noninfringing. Plaintiff also seeks to add seventy-two new claims for copyright infringement.
The court determined that this matter is appropriate for adjudication without oral argument. See
Civil Local Rule 7-1(b); [Docket No. 46]. After carefully considering the parties' submissions,
the court GRANTS the motion.
VINTERACTIVE, LLC V. OPTIREV, LLC

No. 15-CV-02903-SI, 2016 WL 3361810 (N.D. Cal. Jun. 17, 2016)
On June 17, 2016, the Court held a hearing on defendant/counterclaimant OptiRev, LLC's
motion to compel production of certain documents and for costs incurred. For the reasons set
forth below, the motion is GRANTED in part. . . .
On November 9, 2015, OptiRev requested three broad categories of documents from

VinterActive: (1) copies of "all copyright applications, registration forms, registration certificates
...made with the United States Copyright Office that relate to the subject matter of this
litigation," (2) copies of "all documents, from May 2015 through and including the date of
production, that memorialize, refer, or pertain to any communication between [VinterActive] on
one hand, and The United States Copyright Office on the other, which relate to the subject matter
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of this litigation," and (3) copies of "all copyright... deposits made with the United States
Copyright Office that relate to the subject matter of this litigation." . . .
The Court finds that exact copies of the applications, deposited works, registrations, and
correspondence are relevant to both VinterActive's claims and OptiRev's counterclaims. . . . It
appears that VinterActive has made good faith, though unsuccessful, efforts to obtain these
documents from its former counsel. Because VinterActive's former counsel, who filed the
applications at issue, has failed to respond to VinterActive's requests, combined with the fact that
there are discrepancies between the documents produced by VinterActive and the registrations,
the Court finds it appropriate to order VinterActive to obtain the complete file from the
Copyright Office. Additionally, to the extent that any correspondence between VinterActive and
the Copyright Office was prepared in anticipation of settlement, the Court finds that any
protection offered by work product is overcome by necessity. . . . VinterActive is ordered to
obtain the files because, according to counsel, the cost will be considerably less for VinterActive
to obtain them, than it would be for OptiRev to do so. Under the circumstances, however, and
because the complete file will assist both sides in achieving a fair resolution of this action, it is
appropriate that the cost of obtaining the materials from the Copyright Office be split, 50/50,
between the parties. The Court further finds that monetary sanctions are unjustified as
VinterActive displayed good faith in its beliefs and supplementary responses.
PHOENIX TECHNOLOGIES LTD. V. VMWARE, INC.

No. 15-CV-01414-HSG(DMR), 2016 WL 3566942 (N.D. Cal. Jul. 1, 2016)
In this copyright infringement case, Defendant VMware, Inc. ("VMware") moved to compel in
camera review and production of documents withheld by Plaintiff Phoenix Technologies Ltd.
("Phoenix") upon its assertion of attorney-client and work product privileges. . . . On April 14,
2016, following a hearing, the court granted VMware's motion in part, and ordered Phoenix to
submit for in camera review documents withheld solely on the basis of the work product
doctrine. . . . Having reviewed the documents in camera, the court now enters the following order
on VMware's motion to compel production.
LANCASTER V. ALPHABET INC.

No. 15-CV-05299-HSG, 2016 WL 3648608 (N.D. Cal. Jul. 8, 2016)
Pending before the Court is Defendants' motion to dismiss Plaintiff's complaint in its entirety.
Dkt. No. 17 ("Motion"). For the reasons articulated below, the Motion is GRANTED. . . .
Plaintiff's copyright infringement claim alleges that Defendants engaged in "massive intentional
copyright infringement" by "falsely claiming copyright of public domain works." . . . Plaintiff
does not contend that she owns a valid copyright to any of the videos at issue, and as a private
party, she cannot assert a claim for fraudulent copyright notice under 17 U.S.C. § 506(c). The
Court GRANTS Defendants' motion to dismiss Plaintiff's copyright infringement claim.
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DIAMOND FOODS, INC. V. HOTTRIX, LLC

No. 14-CV-03162-BLF, 2016 WL 3880797 (N.D. Cal. Jul. 18, 2016)
This is a case about two software applications for mobile devices ("apps") that depict popcorn.
Plaintiff and Counter-Defendant Diamond Foods, Inc. ("Plaintiff") offers an app in the "Food &
Drink" category of app stores that depicts popcorn popping, which Plaintiff describes as a tool to
assist in microwaving popcorn to perfection. Defendant and Counter-Claimant Hottrix, LLC
("Defendant") offers an app in the "Game" category that enables users to do tricks with snack
foods, including popcorn. Plaintiff filed this suit as a declaratory action, claiming that it does not
infringe Defendant's trade dress or copyrights, and Defendant counterclaimed. Plaintiff now asks
the Court to dismiss Defendant's counterclaims and grant judgment in its favor on its declaratory
relief action. As stated below, although the Court agrees with many of Plaintiff's arguments, it
DENIES the motion because none of the asserted claims can be dismissed in their entirety. . . .
The Court finds that, just as "no copyright protection may be afforded to the idea of producing a
glass-in-glass jellyfish sculpture or to elements of expression that naturally follow from the idea
of such a sculpture," . . . no copyright protection may be afforded to the idea of producing an app
with popcorn popping on a mobile device screen or to elements of expression that "naturally
follow" from such an idea. Thus, Defendant's allegation that both apps "display[ ] moving
images of popcorn popping on the screen and filling the screen as if the device were the
container" does not suffice to state a copyright infringement claim. On the other hand, as
Defendant correctly notes, expressive elements that do not "naturally follow" from that idea are
protectable, and allegations of such elements would suffice to state a claim.
With that in mind, the Court considers the nine expressive elements that Defendant seeks to
protect: (1) the "approximately white" color and "fully popped" shape of the kernels; (2) the use
of only "a few identical images" to "depict popped kernels;" (3) the sequential popping of the
kernels; (4) showing each popped kernel as it pops; (5) the shallowness of the virtual container,
which is only two to three popped kernels deep; (6) the vertical orientation of the virtual
container; (7) displaying popped kernels as the same size, regardless of their distance from the
viewer; (8) bright lighting that appears to illuminate the popped kernels from the same direction
regardless of the kernel's movement; and (9) the perspective of looking straight into the side of
the virtual container. . . .
Having determined that Defendant has sufficiently alleged four protectable elements- sequential
"popping," visibility of popped kernels when they "pop," size independent of distance, and
consistent lighting-the Court now considers Defendant's argument that Defendant's selection,
coordination, and arrangement of the protectable and unprotectable elements together warrants
protection. . . . The Court agrees with Defendant that its combination of the nine asserted
elements satisfies this low bar, particularly given the Court's finding above that four of the
elements are protectable. If anything, combining elements that do not "naturally follow" from an
idea increases the level of creativity a work possesses. Thus, Defendant's combination of the nine
asserted elements qualifies for protection. . . .
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[T]he apps exhibit moving images on a small screen, making differences in timing, lighting, and
perspective impossible to determine on an objective basis at this stage. Though the Court has
judicially noticed the apps, it cannot base any ruling on subjective determinations regarding its
experience of the apps. While certain determinations about "subject matter, shapes, colors,
materials, and arrangement" can be made objectively-for example, both apps show popcorn but
exhibit different actions, as discussed above-the Court cannot determine whether the apps' timing
of "popping," visibility of popped kernels when they "pop," size independent of distance, and
lighting are objectively dissimilar. The movement occurs too quickly and the lighting is on too
small of a scale to make any such determination objectively. This is true both for the
combination of the elements, and for each protectable element separately.
As a result, the Court DENIES Plaintiff's motion to dismiss the copyright claim. However, the
Court cautions that the Ninth Circuit has affirmed numerous determinations at summary
judgment that a limited number of protectable elements-here, only one-does not "comprise a core
of protectable and unlicensed similarities substantial enough to warrant a finding of illicit
copying under a standard of substantial similarity."
ERICKSON PRODUCTIONS INC. V. KAST

No. 5:13-CV-05472-HRL, 2016 WL 3951659 (N.D. Cal. Jul. 22, 2016)
Jim Erickson is a professional photographer who makes his living by licensing his photographs
through his company, Erickson Productions, Inc. Mr. Erickson and Erickson Productions, Inc.
will be referred to collectively here as "Erickson." . . .
Following a three-day trial, the jury rendered a verdict for Erickson as to each of the photos in
question. Although the jury did not find that Kast directly infringed the photos, they determined
that he was liable for vicarious and contributory infringement and, further, that the infringement
was willful. The jury awarded Erickson the maximum $450,000 in statutory damages, and
judgment was entered accordingly. The matter is on appeal.
Pursuant to 17 U.S.C. § 505, Erickson moves for an award of attorney's fees. Kast opposes the
motion. No one requested a hearing on this matter, and the court finds that no oral argument is
necessary. . . . Upon consideration of the moving and responding papers, this court denies the
motion without prejudice.
ORACLE AMERICA, INC. V. HEWLETT PACKARD ENTERPRISE COMPANY

No. 16-CV-01393-JST, 2016 WL 3951653 (N.D. Cal. Jul. 22, 2016)
This is a copyright infringement action brought by Oracle America, Inc. ("Oracle") against
Hewlett Packard Enterprise Company ("HP"). Before the Court is HP's Motion to Dismiss. . . .
The motion will be granted in part and denied in part. . . .
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1. Direct Copyright Infringement . . . The Court agrees with Oracle. HP does not contest that the
Solaris Updates are protected as derivative works of the fourteen copyrights identified in the
Complaint. . . . Rather, HP simply takes issue with the fact that Oracle's Complaint does not
specifically identify which of the 14 copyrights at issue HP is alleged to have infringed directly.
Id. However, HP does not cite any authority for the proposition that Oracle must tie specific acts
of infringement to individual copyright registrations.
Once again, the Court finds HP's arguments unconvincing. Paragraph 51 of the Complaint
alleges that "HP engineers obtained Solaris Updates from Terix and then installed those update
on [HP's customer's] Oracle/Sun Servers." . . . Paragraph 51 also specifically identifies that
customer by name. . . . Moreover, the Court rejects HP's argument based on the Complaint's
purported failure to specifically state that the customer identified in Paragraph 51 "did not have a
support contract for the servers on which [HP] allegedly installed updates." . . . The very same
paragraph of the Complaint states that HP engineers installed the Solaris Updates on HP's
customer's servers "knowing that such conduct violated Oracle's copyrights." . . . The Complaint
also asserts that "a former HP employee who supported the [customer's] account, testified in the
Terix litigation that he raised concerns with HP executives (that were escalated to the HP legal
department) about whether Terix had the lawful right to provide Solaris Updates." . . .
Additionally, the Complaint alleges that HP "ignored its employees' concerns...and continued to
install Solaris Updates on [the customer's] servers-even though it knew that Terix had no lawful
right to provide Solaris Updates...." . . . These allegations, especially when combined with the
remainder of Oracle's complaint, make it abundantly clear that Oracle is alleging that HP
installed Solaris Updates on its customers' servers and that neither HP, nor the customer had a
support contract with Oracle covering those particular servers. . . .
2. Indirect Copyright Infringement . . . a. Contributory Infringement . . . HP first argues that

Oracle has failed to sufficiently plead knowledge because "although Oracle alleges that [HP]
knew Terix was installing software, Oracle does not adequately allege that [HP] knew (or even
should have known) that such installation was infringing or otherwise unlawful." . . . This
argument strains credibility. The Complaint is replete with specific factual allegations, including
quotes from HP's internal presentations and HP's employee's emails, from which HP's actual
knowledge of Terix's infringing acts can be plausibly inferred. . . . Next, HP argues that "[e]ven
if Oracle had sufficiently alleged knowledge,...Oracle must allege that [HP] took affirmative,
'purposeful, culpable' steps to 'encourage direct infringement.' " . . . However, the Complaint
alleges, among other things, that "HP facilitated Terix's provision of Solaris Updates by fielding
requests from [a particular customer] and directing [that customer] to Terix to obtain numerous
Solaris patches that were applied to some or all of [the customer's] Solaris servers." . . . While
HP is free to argue at summary judgment that Oracle has not sufficiently proven this element, at
the motion to dismiss stage, these allegations plausibly allege that HP "materially contribute[d]
to" or "induce [d]" the alleged infringement, especially when combined with Oracle's allegations
regarding HP's direct copyright infringement. . . .
b. Vicarious Infringement . . . HP argues that the Complaint fails to sufficiently allege that HP
had any ability to control Terix because its allegations merely amount to the assertion that "HP
took no steps to stop its subcontractor [Terix]." . . . Oracle's arguments to the contrary are not
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persuasive. . . . According to the allegations in the Complaint, "[w]hen HP employs a

subcontractor like Terix to provide support services for a customer's Oracle servers, HP typically
remains the customer's primary contact for support needs and is involved in facilitating the
provision of support to the customer." . . . However, simply because HP may have remained a
customer's "primary contact for support needs" does not mean that HP had the "right and ability
to supervise" Terix's conduct. . . . Moreover, in the primary case cited by Oracle to support its
argument, Fonovisa, Inc. v. Cherry Auction, Inc., the court found that vicarious copyright
infringement had been sufficiently pleaded where the defendant, an owner of a swap meet, "had
the right to terminate vendors for any reason whatsoever and through that right had the ability to
control the activities of vendors on the premises." . . . Oracle alleges no such relationship
between HP and Terix. Nor does Oracle cite any authority for the proposition that allegations of
a contractor-subcontractor relationship alone are sufficient to plead a claim for vicarious
copyright infringement.
PETERSEN-DEAN INC. V. FOLK

No. 15-CV-05522 NC, 2016 WL 3951661 (N.D. Cal. Jul. 22, 2016)
Defendants move to dismiss Petersen-Dean's Lanham Act claims, RICO claims, and all claims
against Wendi Zubillaga. Petersen-Dean alleges that defendants copied, retained, and are
currently using material from Petersen-Dean's corporate hard drives, and that this material is
protected by copyright and trademark laws. Defendants are former employees of Petersen-Dean
who have formed a competing business. The defendants' motion to dismiss is GRANTED in part
and DENIED in part. . . .
1. Willful Copyright Infringement . . . The complaint alleges that Petersen-Dean owns the
copyrights in relevant material and defendants knew about the Petersen-Dean's ownership, yet
copied, reproduced, and used the material order to promote Citadel's interest. . . . Petersen-Dean
alleges that the copying was in conjunction defendants' resignations from April 9, 2015 to June
1, 2015. . . . However, Zubillaga was terminated for cause on April 9, 2015. . . . The complaint is
unclear whether Petersen-Dean alleges that Zubillaga reproduced copyrighted work. Therefore,
Petersen-Dean's willful copyright infringement allegations against Zubillaga are vague, and
without more specificity, the Court cannot determine the scope of Zubillaga's liability. This
claim is dismissed against Zubillaga with leave to amend.
2. Contributory Copyright Infringement . . . As to contributory liability, Petersen-Dean's theory

of liability is that Citadel knew of and encouraged the copyright infringement. Petersen-Dean
asserts that "All Defendants have a common financial interest in the competing business, which
relies on Petersen-Dean's Copyrighted Material to succeed." . . . The complaint also alleges that
Zubillaga is a partner at Citadel. . . . Drawing all inferences in favor of Petersen-Dean, the Court
finds that Petersen-Dean has sufficiently alleged the contributory infringement claim against
Zubillaga.
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MEDIA.NET ADVERTISING FZ-LLC V. NETSEER, INC.

No. 14-CV-03883-EMC, 2016 WL 4036092 (N.D. Cal. Jul. 28, 2016)
Previously, the Court denied Defendant's motion for summary judgment but granted its motion
to dismiss. Docket No. 69. With respect to the motion to dismiss, the Court gave Plaintiff leave
to amend its claims for copyright infringement and unfair competition (California Business &
Professions Code § 17200). Id. Plaintiff subsequently filed a second amended complaint ("SAC")
in which it repled the copyright infringement and § 17200 claims. Docket No. 76. Defendant has
now moved to dismiss those claims. In the alternative, Defendant has moved to strike portions of
the SAC. Id. Having considered the parties' briefs, as well as the oral argument of counsel, the
Court hereby GRANTS in part and DENIES in part Defendant's motion to dismiss. The Court
further DENIES Defendant's motion to strike. . . .
2. Copyright Infringement Claims . . . [W]hen the Court granted Defendant's motion to dismiss
the copyright claims as pled in the FAC, it gave Plaintiff leave to amend. The Court specifically
instructed Plaintiff that, to cure the deficiency in the FAC, it had "to identify each portion of the
HTML code Defendant allegedly infringed and to allege facts regarding Defendant's access to
Plaintiff's HTML code." . . .
In spite of this specific directive, Plaintiff has done little to add to its FAC. For example, in its
SAC, Plaintiff did not add to the table from the FAC to include all examples of copied portions
of the HTML code. . . . Indeed, Plaintiff added no new examples. The only new substantive
allegation in the SAC is the statement that Defendant "copied all or substantial portions of the
HTML code." . . . The allegation that Defendant copied "substantial portions" of the HTML code
does not contain the specificity ordered by the Court. The new allegation is not enough to
comply with the Court's directive, especially in light of the Court's holding that the only portions
of the HTML code that are copyrightable are "classes" and "comments." . . .
Accordingly, the Court grants in part Defendant's motion to dismiss the copyright infringement
claims. The copyright infringement claims may proceed but only based on the specific copying
identified in ¶ 48 of the SAC.
CISCO SYSTEMS INC V. ARISTA NETWORKS, INC.

No. 14-CV-05344-BLF, 2016 WL 4440239 (N.D. Cal. Aug. 23, 2016)
Plaintiff Cisco Systems Inc. brings this copyright and patent infringement lawsuit against
Defendant Arista Networks, Inc. The copyright portion of the lawsuit alleges that Arista
infringes Cisco's copyrighted work entitled "Cisco CLI." The patent portion of the lawsuit
alleges Arista infringes Cisco's U.S. Patent No. 7,047,526 (the "'526 Patent") directed at
improving the control of administration and/or diagnostic software tools in processor-based
systems.
Before the Court are Cisco's motion for partial summary judgment and Arista's motion for partial
summary judgment. The Court, having considered the briefing submitted by the parties and the
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oral argument presented at the hearing on August 4, 2016, DENIES Cisco's motion and DENIES
Arista's motion for the reasons stated below.

No. C 10-03561 WHA, 2016 WL 5393938 (N.D. Cal. Sep. 27, 2016)
In this copyright infringement action, the jury found the accused infringement constituted fair
use. The copyright owner now renews its motion for judgment as a matter of law and separately
moves for a new trial. For the reasons stated below, both motions are DENIED.
MINTZ V. SUBARU OF AMERICA, INC.

No. 16-CV-03384-MMC, 2016 WL 5909360 (N.D. Cal. Oct. 11, 2016)
Before the Court is defendant Subaru of America's ("Subaru") "Motion to Dismiss Plaintiff's
Amended Complaint," filed August 23, 2016, pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure. . . . In her Amended Complaint ("AC"), Mintz alleges eight causes of action
arising out of her allegation that "advertisements" Subaru has used to "promote the sale of
Subaru's vehicles" . . . infringe Mintz's trademarks and copyrights . . . . Subaru argues it is
entitled to dismissal of each of the causes of action asserted in the AC, for failure to state a
claim.
Here, Mintz's copyrighted works and the alleged infringing advertisements are before the Court,
and, for the reasons stated above and in Subaru's motion, the Court finds the works at issue are
not, as a matter of law, "substantially similar in their protected elements."
SYNOPSYS, INC. V. ATOPTECH, INC

No. 13-CV-02965-MMC, 2016 WL 6158216 (N.D. Cal. Oct. 24, 2016)
On June 26, 2013, plaintiff Synopsys, Inc. ("Synopsys") filed the instant action against defendant
ATopTech, Inc. ("ATopTech"), alleging, inter alia, claims of copyright infringement. On March
10, 2016, at the conclusion of a three-week trial, a jury found in favor of Synopsys on the
copyright claims and awarded damages in the amount of $30,400,000. Thereafter, between July
25, 2016, and July 29, 2016, the Court conducted a bench trial on ATopTech's affirmative
defense of equitable estoppel. . . . Accordingly, for the reasons set forth above, the Court finds in
favor of Synopsys and against ATopTech on the defense of equitable estoppel.
OPENWAVE MESSAGING, INC. V. OPEN-XCHANGE, INC.

No. 16-CV-00253-WHO, 2016 WL 6393503 (N.D. Cal. Oct. 28, 2016)
Plaintiff Openwave Messaging, Inc., moves to dismiss defendant Open-Xchange, Inc.'s amended
Counterclaims 3 through 7 as insufficiently pleaded. Opewave also moves to strike Counterclaim
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1 as redundant, and Affirmative Defenses 9 and 15 through 18 as insufficiently pleaded. . . . For

the reasons set forth below, Openwave's motion is DENIED. . . .
Counterclaim 1 seeks a declaratory judgment that OX "has not infringed any copyright
Openwave claims to hold as to Open-Xchange App Suite Frontend 7.4.2-rev29." . . . It alleges
that: (i) OX is the owner of the right to distribute and license App Suite; (ii) OX Software GmbH
owns all intellectual property rights in App Suite; and (iii) even if Openwave acquired ownership
rights in App Suite 7.4.2-rev 29, OX would have a license to it under the parties' agreements. . . .
Although it is unclear to me whether Conterclaim 1 serves any useful purpose, Openwave has
not identified any prejudice that it would suffer if this counterclaim is not struck. This case is still
in its early stages. Lacking any harm to Openwave, I will not strike Counterclaim 1 at this time.
EL-SEDFY V. WHATSAPP INC.

No. 16-CV-04056-JCS, 2016 WL 6427855 (N.D. Cal. Oct. 31, 2016)
Plaintiff Saadeldin (Dean) El-Sedfy, pro se, brings this action alleging that Defendants
WhatsApp Inc. and Facebook, Inc. infringed El-Sedfy's copyright in software that allows users to
send and receive encrypted text messages on mobile devices. Defendants now move to dismiss
for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. . . .
Unless independently protected by patent rights, El-Sedfy's ideas and methods for encryption of
messages "bec [ame] instantly available for public exploitation at the moment of publication."
See Golan, 132 S. Ct. at 890 (citation omitted). The Court therefore holds that even if the
Complaint could be construed as alleging that Defendants' software follows the same steps that
El-Sedfy describes of his own software, no portion of the alleged similarity between the parties'
products is protected by copyright. Accordingly, El-Sedfy's claim for copyright infringement
must be dismissed.
Southern District of California
AMERICAN SHOOTING CENTER, INC. V. SECFOR INTERNATIONAL

No. 13CV1847 BTM(JMA), 2016 WL 1182745 (S.D. Cal. Mar. 28, 2016)
Defendants MiraCosta College District and Linda Kurokawa, in her official capacity as Director
of Community Services & Business Development for MiraCosta College (collectively the
“MiraCosta Defendants”), have filed a motion for an order dismissing the First Amended
Complaint (“FAC”) for lack of subject matter jurisdiction and failure to state a claim upon which
relief can be granted. Plaintiffs and the MiraCosta Defendants also filed a joint motion for
determination of a discovery dispute, which concerns the same Eleventh Amendment issues that
are raised by the MiraCosta Defendants' Motion to Dismiss. Because the discovery dispute raised
dispositive issues, Magistrate Judge Adler ordered that consideration of the joint motion was
deferred until Judge Moskowitz evaluated the arguments in connection with the motion to
dismiss.
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Defendants Secfor International, Secfor International LLC, HTPSCOURSE.COM, Absolute

Security, Inc., Absolute Protection Group Worldwide, APG, Keiko Arroyo, and Patrick Richard
Sweeney aka Rick Sweeney (collectively “Secfor Defendants”) have filed a motion to dismiss
the FAC for lack of subject matter jurisdiction, or, in the alternative to dismiss for failure to state
a claim.
For the reasons discussed below, the MiraCosta Defendants' motion is GRANTED IN PART and
DENIED IN PART. In addition, the Court denies Plaintiffs' request for jurisdictional discovery.
The Secfor Defendants' motion is also GRANTED IN PART and DENIED IN PART. . . .
However, Plaintiffs have not alleged facts establishing infringement of the copyrights to the
bulletins. The FAC is ambiguously worded, but it appears that Plaintiffs are complaining not that
the bulletins themselves were reproduced or made available to the public by Defendants, but that
“course materials derived” from the bulletins were in Defendants' classrooms. (FAC ¶ 62.)
Copyright protection does not extend to any idea or concept “regardless of the form in which it is
described, explained, illustrated, or embodied in such work.” . . . For a derivative work to
infringe a copyright, “the infringing work must incorporate in some form a portion of the
copyrighted work.” . . . To the extent Defendants' courses or course materials merely covered
topics or ideas mentioned in the bulletins, Plaintiffs' copyrights were not infringed.
Accordingly, the Court denies the motion to dismiss Plaintiffs' direct infringement claim to the
extent it pertains to the copyrighted video, but grants the motion to the extent it pertains to the
bulletins. Plaintiffs have leave to amend their direct infringement claim to provide supporting
facts regarding the bulletins. . . .
The FAC does not allege any specific facts about users of Defendants' websites copying or
distributing the video. The mere possibility of infringement by third parties is not sufficient to
support a claim for secondary infringement. . . .
Therefore, the Court grants Defendants' motion to dismiss as to Plaintiffs' secondary

infringement claim. Plaintiffs may amend this claim to provide factual allegations regarding
secondary infringement.
AMERICAN SHOOTING CENTER, INC. V. INTERNATIONAL

No. 13CV1847 BTM(JMA), 2016 WL 3952130 (S.D. Cal. Jul. 22, 2016)
Defendant Linda Kurokawa ("Defendant" or "Kurokawa"), in her official capacity as Director of

Community Services & Business Development for MiraCosta College, has filed a motion
pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) to dismiss the Second Amended Complaint's
claims against her for retroactive monetary relief for copyright infringement. For the reasons
discussed below, Defendant's motion is GRANTED. . . .
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Joshua L. Simmons
B. CRCA . . . The Court agrees with the reasoning in Campinha-Bacote and the footnote in
National Ass'n distinguishing Georgia. Georgia is inapplicable and does not establish that
Congress validly abrogated the state's Eleventh Amendment immunity in this case.
SOPHIA & CHLOE, INC. V. BRIGHTON COLLECTIBLES, INC.

No. 12-CV-2472-AJB-KSC, 2016 WL 4077403 (S.D. Cal. Aug. 1, 2016)
Presently before the Court is Defendant Brighton Collectibles, Inc.'s ("Defendant") motion for
reconsideration, (Doc. No. 222), of the Court's remittitur, which permitted Plaintiff to elect
wrongful profits1 after the Court concluded the jury's award of statutory damages was excessive
. . . . For the reasons set forth below, the Court DENIES Defendant's motion.
To be clear, the Court does not hold that a plaintiff may infinitely reelect damages with impunity.
Such a holding would prejudice defendants, as the court in Marano found. Rather, the Court
simply holds that where, as here, a plaintiff has elected damages based upon a jury award that is
later deemed legally erroneous, the plaintiff is entitled to reelect the alternate award. To hold
otherwise would work an inequity against plaintiffs while permitting defendants a second
opportunity to defend against the only remaining damages option. That would be an unjust result
indeed. For all these reasons, the Court DENIES Defendant Brighton Collectibles, Inc.'s motion
for reconsideration under Rule 59(e) of the Federal Rules of Civil Procedure.
JOHNSON V. STORIX, INC.

No. 3:14-CV-1873-H-BLM, 2016 WL 4399317 (S.D. Cal. Aug. 17, 2016)
On August 8, 2014, Plaintiff and Counter-Defendant Anthony Johnson ("Plaintiff Johnson") filed
a complaint alleging copyright infringement of a software program. . . . On December 15, 2015,
the jury returned a verdict in favor of Defendant Storix. . . . On January 4, 2016, Defendant
Storix filed a motion pursuant to 17 U.S.C. § 505 seeking costs not taxable under 28 U.S.C. §
1920 as well as attorneys' fees. . . . On June 16, 2016, the Supreme Court issued an opinion in
Case No. 15-375, Kirtsaeng v. John Wiley & Sons, Inc. . . . For the reasons that follow, the Court
grants in part and denies in part the motion for costs and fees.
District of Hawai‘i
FROST-TSUJI ARCHITECTS VS. HIGHWAY INN, INC.

No. CV 13-00496 SOM/BMK, 2016 WL 1257850 (D. Haw. Mar. 30, 2016)
Before the court are objections filed by Plaintiff Frost-Tsuji, Defendant J. Kadowaki, Inc., and
Defendants Highway Inn, Inc., and Ho'ola Mau, LLC (collectively “Highway Inn”) to the
Magistrate Judge's Findings & Recommendation to Grant in Part Defendants' Motions for
Attorney's Fees and Costs (“F & R”).
The F & R recommends the award of $24,033.97 in attorney's fees and costs to Defendant
Bargreen Ellingson of Hawaii, Inc., $139,832.00 in fees and costs to J. Kadowaki, $214,574.97
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in fees and costs to Highway Inn, and $70,089.62 in fees and costs to Highway Inn on behalf of
Defendants Bryce Uyehara, A.I.A., and Iwamoto and Associates, LLC. The awards are for (1)
Defendants' work on Frost-Tsuji's claim for copyright infringement (Count IV) after this court
granted summary judgment in Defendants' favor on Count IV on August 26, 2014, and (2)
Defendants' work on Frost-Tsuji's claim that Defendants improperly removed copyright
management information (“CMI”). . . .
Having reviewed the portions of the F & R objected to, the court adopts the F & R in its entirety.
District of Nevada
ORACLE USA, INC. V. RIMINI STREET, INC.

No. 210CV00106LRHPAL, 2016 WL 526543 (D. Nev. Feb. 8, 2016)
Before the court is defendants Rimini Street, Inc. (“Rimini”) and Seth Ravin's (“Ravin”)
(collectively “defendants”) renewed motion for judgment as a matter of law on plaintiffs Oracle
USA, Inc.; Oracle America, Inc.; and Oracle International Corporation's (collectively “Oracle”)
claims brought pursuant to the Copyright Act. Doc. #915.1 Plaintiffs filed an opposition to the
motion (Doc. #957) to which defendants replied (Doc. #977). . . .
The court has reviewed defendants' motion and finds that it is without merit. Throughout the
motion, defendants recognize that both at summary judgment and in connection with the jury
instruction on Oracle's licenses the court rejected defendants' interpretation of the software
license agreements. However, defendants now submit, in the guise of a Rule 50(b) motion, that if
the licenses had been interpreted as defendants contended, then the jury's verdict of copyright
infringement would not be supported by the evidence submitted at trial. Thus, the essence of
defendants' argument is that if the court were to reverse its prior constructions of the relevant
software license agreements, the jury could not have found any copyright infringement by
defendant Rimini. . . .
IT IS THEREFORE ORDERED that defendants' renewed motion for judgment as a matter of

law on plaintiffs' copyright claims (Doc. #915) is DENIED.

No. 210CV00106LRHPAL, 2016 WL 5213917 (D. Nev. Sep. 21, 2016)
As part of its motion for a permanent injunction, Oracle seeks three separate forms of relief. . . .
Oracle seeks a permanent injunction to enjoin and restrain defendants from continued
infringement of Oracle's copyrighted Enterprise Software products and from improperly
accessing and taking data from Oracle's websites and computer systems. Finally, Oracle seeks
disposition of all copies of the infringing software on defendants' systems. . . .
Here, the court finds that defendants' unlawful actions, to wit copyright infringement and
violations of the state computer access statutes, irreparably injured Oracle's business reputation
and goodwill. . . . Here, the court finds that Oracle has established that monetary damages alone
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Joshua L. Simmons
are inadequate to compensate it for the losses suffered because of defendants. . . . The court has
reviewed the documents and pleadings on file in this matter and finds that the balance of
hardships weighs in favor of an injunction. . . . Here, having reviewed all the documents and
pleadings on file in this matter, the court finds that an injunction against future copyright
infringement and violations of the computer access statutes are in the public interest. . . . Further,
an injunction against future infringement would not harm the public interest of access to
competitive services because Rimini has repeatedly represented to the court that its current
business model is not based on its prior infringing conduct. . . .
Oracle's last motion is its present motion for attorneys' fees and costs. . . . [T]he court shall grant
Oracle's motion and issue an award of attorneys' fees under the Copyright Act.

No. 2:10-CV-0106-LRH-VCF, 2016 WL 6650835 (D. Nev. Nov. 9, 2016)
Before the court is defendant Rimini Street, Inc. ("Rimini Street") and Seth Ravin's ("Ravin")
(collectively "defendants") motion to stay enforcement of permanent injunction pending appeal,
or alternatively, for a sixty-day stay. . . . Here, the court has reviewed the documents and
pleadings on file in this matter and finds that Rimini has not met the standard for a stay of the
issued permanent injunction issued pending its appeal.
District of Oregon
SPARKASSE BREGENZ BANK, AG V. JC-BIOMETHANE, LLC

No. 6:16-CV-01199-AA, 2016 WL 6908101 (D. Or. Nov. 21, 2016)
Plaintiff filed this action alleging eight claims for relief including: (1) Copyright Infringement;
(2) Circumvention of Copyright Prevention Systems; (3) Computer Fraud and Abuse; (4)
Misappropriation of Trade Secrets; (5) Conversion; (6) Breach of Contract; (7) Unjust
Enrichment; and (8) Breach of Duty of Good Faith and Fair Dealing. . . . JC-Biomethane ("JCB")
now moves for dismissal of plaintiff's first, fourth, and fifth claims. . . .
JCB moves for dismissal of plaintiff's claim for Copyright Infringement on the basis that plaintiff
fails to allege facts demonstrating that JCB distributed the Ormatic software to a third party, or
that JCB prepared a derivative work so as to violate Entec's exclusive rights. . . . Here, plaintiff
alleges that JCB "accessed the Software Program and modified or manipulated it" without
permission. . . . Plaintiff further states that alleged modifications "caus[ed] damage to or
otherwise disable[ed] parts of the Software Program." . . . I find that these allegations give rise to
a plausible claim for copyright infringement. Plaintiff alleges that JCB accessed and modified the
software program and in doing so prepared a derivative work based on that program. . . . Plaintiff
further alleges that the modification damaged and disabled parts of the program. The allegation
that JCB's modification of Entec's software program constituted a derivative work and damaged
or disabled the program is enough to draw the reasonable inference that defendants "copied"
constituent elements of the original work.
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COBBLER NEVADA, LLC V. CERRITOS

No. 3:15-CV-01228-SB, 2016 WL 7177527 (D. Or. Dec. 9, 2016)
Plaintiff Cobbler Nevada, LLC filed this action against Santos A. Cerritos, Jr. ("Cerritos"),
alleging a claim for copyright infringement under the Copyright Act, 17 U.S.C. §§ 101-1332.
Plaintiff now moves, pursuant to 17 U.S.C. § 505 and Federal Rule of Civil Procedure ("Rule")
54(d), for its attorney's fees and costs. The Court has jurisdiction over this matter pursuant to 28
U.S.C. §§ 1331 and 1338, and the parties have consented to the jurisdiction of a U.S. Magistrate
Judge. . . . For the reasons that follow, the Court grants in part, and denies in part, Plaintiff's Bill
of Costs . . . , and denies Plaintiff's Motion for Attorney's Fees . . . .
PTG NEVADA, LLC V. WILSON

No. 3:15-CV-02017-BR, 2016 WL 7377112 (D. Or. Dec. 20, 2016)
This matter comes before the Court on Plaintiff's Motion (#45) for Attorney Fees and Bill of
Costs (#44). For the reasons that follow, the Court GRANTS in part Plaintiff's Motion for an
Award of Attorney Fees and Bill of Costs and AWARDS Plaintiff attorneys' fees of $1,560.00,
and costs in the amount of $127.50.
Western District of Washington
LEOPONA, INC. V. CRUZ FOR PRESIDENT

No. C16-0658RSM, 2016 WL 3670596 (W.D. Wash. Jul. 11, 2016)
This matter comes before the Court on Defendants' Motion to Dismiss under Federal Rules of
Civil Procedure 12(b)(6), 12(c) and/or 12(f). . . . Defendants argue that Plaintiffs' claims fail as a
matter of law because: 1) Plaintiffs do not allege their copyrights are valid, and offer no
information about their filings with the U.S. Copyright Office; 2) Plaintiffs cannot support their
claim for liquidated damages; 3) Plaintiffs' contract claims are preempted by the Copyright Act;
and 4) Plaintiffs' request for an injunction is moot. Id. Plaintiffs oppose the motion, arguing that
they have met the liberal pleading standards under Rule 12(b)(6) and related case law, and no
alternative Rule permits dismissal of the Complaint at this stage of the proceedings. . . . For the
reasons set forth below, the Court agrees with Plaintiffs and DENIES Defendants' motion to
dismiss. . . .
Defendants argue that Plaintiffs Schachner and Couture fail to allege sufficient facts to prove
ownership of a valid copyright. . . . The Ninth Circuit Court of Appeals has expressly held that
"receipt by the Copyright Office of a complete application satisfies the registration requirement
of § 411(a)." . . . Defendants have accepted for purposes of this motion that Ms. Schachner and
Mr. Couture filed U.S. Copyright applications; however, they complain that Plaintiffs have failed
to allege or otherwise demonstrate that the U.S. Copyright Office received those applications. . . .
The Court is not persuaded by this argument, and agrees with Plaintiffs that Defendants are
attempting to improperly broaden settled pleading principles through their motion. . . .
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Joshua L. Simmons
Ms. Schachner and Mr. Couture specifically pleaded that they are the sole owners of their
respective sound recordings and copyrights, and that they have filed US copyright applications. .
. . The Court agrees that the only reasonable inference from those allegations is that the
Copyright Office has received those applications. This is because, as Plaintiffs point out, a
copyright application may only be filed with the Copyright Office, and filing with the Copyright
Office is the only way one can complete the application process. Thus, the Court rejects
Defendants argument that Plaintiffs Schachner and Couture have failed to allege facts sufficient
to support their copyright claims at this stage of the proceedings. . . .
Defendants next argue that the Copyright Act preempts Audiosocket's contract claims. . . . The
Court disagrees. . . . This Court finds that the reasoning of Altera Corporation and MDY
Industries is applicable in the instant action. In both of those cases, the Ninth Circuit found the
contractual rights at issue to be qualitatively different and not the equivalent of a copyright
infringement claim; thus, the Copyright Act did not preempt such state law claims. . . . In this
case, Audiosocket seeks to hold Defendants liable for alleged breaches of their Licensing
Agreements, specifically the use of the musical compositions for political purposes and cable
television ads, both of which were prohibited by the Agreements. For the reasons discussed
above, the Court is not convinced that such claims are preempted by the Copyright Act.
NORTHWEST HOME DESIGNING, INC. V. BENJAMIN RYAN COMMUNITIES, LLC

No. C14-5808BHS, 2016 WL 5373144 (W.D. Wash. Sep. 26, 2016)
This matter comes before the Court on Defendants Benjamin Ryan Communities, LLC ("BRC")
and John Ryan Bays's ("Bays") (collectively "Defendants") motion for summary judgment . . . .
The Court has considered the pleadings filed in support of and in opposition to the motion and
the remainder of the file and hereby grants in part and denies in part without prejudice the
motion for the reasons stated herein. . . .
Although the Court has found that Northwest has shown some protectable elements in its plan,
those indispensable expressions do not outweigh the overwhelming inclusion of nonprotectable
elements. Even if BRC had full access to Northwest's plan, this evidence at most proves copying
but not wrongful copying. The slight similarities do not pass the extrinsic test of objective
similarities between the two works. Therefore, the Court grants Defendants' motion for summary
judgment on Northwest's claim that BRC plan 2353 infringes Northwest plan 2501.
YS BUILT, LLC V. CHIANG

No. 2:15-CV-01411-BJR, 2016 WL 6726837 (W.D. Wash. Nov. 15, 2016)
YS Built, LLC ("Plaintiff") brings this suit for copyright infringement and breach of contract
against Ya Hsing Chiang Huang and George Huang ("Defendants"). Plaintiff alleges that
Defendants submitted Plaintiff's copyrighted architectural plan for use by a third-party builder,
Stanbrooke Custom Homes, Inc. ("Stanbrooke"). Plaintiff further alleges that Stanbrooke copied
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its plan and incorporated it into a new plan that will be used to build a home for Defendants' son,
Kevin Huang ("Huang Residence"). . . .
Plaintiff moves for summary judgment on its infringement claim, as well as on Defendants'
counterclaims, which it argues are preempted by federal copyright law. The Court will deny
Plaintiff's motion for summary judgment in its entirety. . . .
The Court finds that far from Plaintiff expressing its intent to grant an implied license, the record
contains strong evidence to the contrary. . . . The Court . . . declines to engage in the substantial
similarity analysis at this stage of litigation.
Defendants' counterclaims do not concern any original works of authorship, nor do they assert
any exclusive rights to such works. . . . Rather, Defendants assert their rights as consumers, as
parties to a business relationship, and as real-not intellectual- property owners. Therefore,
Defendants' counterclaims are not preempted by federal law.
YS BUILT, LLC V. CHIANG

No. C15-1411-BJR, 2016 WL 7375279 (W.D. Wash. Dec. 20, 2016)
This matter came before the Court for a three-day bench trial. The parties were represented by
counsel. The Court heard testimony from the following witnesses: Yuval Sofer, principal of YS
Built, LLC; George and Cindy Huang, Defendants; Errett Schneider, architect and creator of the
Schneider Plan; William Washburn, designer and creator of the Stanbrooke Plan; Thomas Cross,
former owner of Stanbrooke Custom Homes; and William E. J. Martin, Plaintiff's architecture
expert. In addition, the Court has reviewed and considered all exhibits entered into evidence
together with the files herein. Being fully informed, the Court finds and rules as follows . . . .
Therefore, the Court concludes that, despite sharing some individual architectural features, the
Stanbrooke and Schneider Plans are not substantially similar. Plaintiff has not proven that the
Stanbrooke Plan is an infringing copy of the Schneider Plan and, consequently, has not proven
that constructing the Huang residence using the Stanbrooke Plan would constitute copyright
infringement.
Tenth Circuit
Court of Appeals for the Tenth Circuit
SAVANT HOMES, INC. V. COLLINS

No. 15-1115, 2016 WL 25576 (10th Cir. Jan. 4, 2016)
Plaintiff Savant Home, Inc. (“Savant”) is a custom home designer and builder. It holds a
registered copyright to a floor plan of a three-bedroom ranch house (“Anders Plan”). Savant built
a model house embodying that plan in Windsor, Colorado (“Savant house”). In June 2009, Ron
and Tammie Wagner toured the Savant house and hired builder Douglas Collins and his firm,
Douglas Consulting, LLC (jointly, “Collins”) to build a house. Collins, in turn, contracted with
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Joshua L. Simmons
Stewart King to design the house. After Collins and Mr. King completed the Wagners' house,
Ms. Wagner hired them to build a second house.
Savant sued all of the foregoing parties for copyright infringement, contributory copyright
infringement, civil conspiracy, trade dress infringement, and other claims. It alleged that
Defendants copied the Anders Plan by building the two houses (“accused houses”). The district
court granted Defendants summary judgment, and Savant appeals. . . .
We therefore agree with the district court's conclusion that Savant failed to carry its burden on
summary judgment. Savant offered no evidence indicating (1) any individual element or (2) any
arrangement of elements was protectable. As to the one element Mr. Fisher identified as
potentially protectable—the iron bars on the garage windows of the Anders Plan—Savant failed
to dispute Defendants' evidence that the garage windows of the accused houses were entirely
distinct, as they lacked any iron bars.8 As to the arrangement of elements, Mr. Larson's report
supported rather than disputed Defendants' evidence indicating that the overall layout of the
rooms was standard in Colorado. Savant therefore failed to offer any basis for a finding of
substantial similarity. Because substantial similarity is an essential element of copyright
infringement, Defendants were entitled to summary judgment.
BWP MEDIA USA, INC. V. CLARITY DIGITAL GROUP, LLC

No. 15-1154, 2016 WL 1622399 (10th Cir. Apr. 25, 2016)
Plaintiff-Appellant BWP Media USA, Inc. d/b/a Pacific Coast News and National Photo Group,
LLC ("BWP") appeals from the district court's summary judgment in favor of Defendant-
Appellee Clarity Digital Group, LLC n/k/a AXS Digital Media Group, LLC ("AXS"). . . . BWP
owns the rights to photographs of various celebrities. In February 2014, BWP filed a complaint
alleging that AXS infringed its copyrights by posting 75 of its photographs without permission
on AXS's website, Examiner.com.1 AXS asserted it was protected from liability by the safe
harbor provision of the Digital Millennium Copyright Act ("DMCA") and moved for summary
judgment. The district court agreed. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we
affirm.
District of Colorado
CIVILITY EXPERTS WORLDWIDE V. MOLLY MANNERS, LLC

No. 15-CV-0521-WJM-MJW, 2016 WL 865689 (D. Col. Mar. 7, 2016)
Plaintiff Civility Experts Worldwide (“Civility Experts”) sues Defendant Molly Manners, LLC
(“Molly Manners”) for copyright infringement and related causes of action. (See ECF No. 47.)
Currently before the Court is Molly Manners' Early Motion for Partial Summary Judgment
(“Motion”) attacking only Civility Experts' copyright infringement claim. (ECF No. 85.) For the
reasons explained below, Molly Manners' Motion is granted, but, contrary to Molly Manners'
view, this outcome does not automatically dispose of Civility Experts' claim for breach of the
contract. . . .
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Although the valid comparisons analyzed above present some striking examples of what appears
to be outright copying, the Court finds that no reasonable jury could conclude that any of them,
individually or collectively, relate to portions of Proud to Be Polite that are “of great qualitative
importance to the work as a whole.” . . . Thus, Molly Manners has not infringed Proud to Be
Polite.
BWP MEDIA USA INC V. CLARITY DIGITAL GROUP, LLC

No. 14-CV-00467-PAB-KMT, 2016 WL 1222906 (D. Col. Mar. 29, 2016)
This matter is before the Court on defendant Clarity Digital Group's Motion for Attorneys' Fees
[Docket No. 70] and plaintiffs' Motion to Stay Consideration of Defendant's Motion for
Attorneys' Fees [Docket No. 81]. . . .
Defendant cites no authority for its argument that sending a demand letter prior to initiating a
lawsuit, refusing to consent to bifurcate discovery, or refusing to agree to factual stipulations
gives rise to an inference of bad faith. The Court finds no basis on which to conclude that
plaintiffs acted with improper motivation or brought their copyright claim in bad faith. . . .
Defendant argues that a fee award in this case would further the purposes of the Copyright Act
and “is proper here because it ‘is designed to chill’ the filing of ‘additional frivolous lawsuits' by
[p]laintiffs and their counsel, who have made a cottage industry of bringing infringement actions
against ISPs and others in the hopes of extracting quick settlements.” . . . The Court disagrees
because it does not find that plaintiffs' lawsuit was frivolous.
Accordingly, in the exercise of its discretion, the Court will not award attorney fees to defendant
pursuant to 17 U.S.C. § 505.
ZAHOUREK SYSTEMS, INC. V. BALANCED BODY UNIVERSITY, LLC

No. 13-CV-01812-RM-CBS, 2016 WL 1377165 (D. Col. Apr. 7, 2016)
This matter is before the Court on Defendant/Counter-Plaintiff Balanced Body University, LLC's
(“BBU” or “Defendant”) (1) motion for partial summary judgment (“MSJ”) (ECF No. 81) and
(2) motion to strike (“Motion to Strike”) (ECF No. 119) the affidavit of Frank Baca (“Baca”)
(ECF No. 102). Plaintiffs/Counter-Defendants Zahourek Systems, Inc. (“ZSI”) and Jon Zahourek
(“Zahourek”) (collectively, “Plaintiffs”) filed responses to the respective motions (ECF Nos. 94;
123) and Defendant filed respective replies (ECF Nos. 117; 129). . . .
Zahourek claims that Defendant has infringed his “copyrighted anatomy models and rights
through the unauthorized display of such models and derivative works made therefrom on a
website.” (ECF No. 49 ¶ 3.) Zahourek is referring to the Student 1 Maniken® for which he has
received a copyright14 . (ECF No. 94 at 14.) To prevail on his copyright infringement claim,
Zahourek must establish that he (1) possesses a valid copyright; and (2) Defendant copied
protectable elements of the work. . . . Defendant argues that Zahourek cannot establish either
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Joshua L. Simmons
element. (ECF No. 81 at 19.) Because the Court determines that Zahourek does not possess a
valid copyright, the Court does not reach the issue as to whether Defendant copied protectable
elements of the Maniken®. The Court finds Defendant is entitled to judgment in its favor and
against Zahourek on Zahourek's copyright claim (ECF No. 49 ¶¶ 53-60). . . .
In this matter, the undisputed material facts show that Zahourek created the Maniken® for its
utilitarian features. Zahourek's after-the-fact attempt to recast his Maniken®> as an artistic
endeavor finds no support in his contemporaneous creation. The Maniken® serves utilitarian
ends. The Maniken® has an intrinsic utilitarian function that is merely to portray the appearance
of a life-like form. . . .
The facts of this case are more similar to the facts in Carol Barnhart than those at issue in Pivot
Point Int'l. In this matter, Zahourek fails to create a dispute with respect to the material facts that
the Maniken® was designed for anatomically-functional reasons not independent from his
artistic judgment.
GRADY V. IACULLO
No. 13-CV-00624-RM-KMT, 2016 WL 1559134 (D. Col. Apr. 18, 2016)
On March 8, 2013, plaintiff James Grady ("plaintiff") filed a Complaint against Samuel Iacullo
("defendant"), alleging that defendant infringed plaintiff's copyrights in numerous photographs
and videos "of professional swimwear models, all of [who] are minors under the age of 18," and
his trademark in "TrueTeenBabes." . . . . Plaintiff sought declaratory and injunctive relief,
statutory damages for plaintiff's alleged acts of copyright infringement, damages for plaintiff's
alleged trademark infringement, punitive damages, and attorney's fees. (Id. at 17-18.) Defendant
is proceeding pro se.
On August 5, 2015, plaintiff filed a Renewed Motion for Summary Judgment . . . . Defendant did
not respond to the renewed motion for summary judgment, but he did respond to plaintiff's
original motion for summary judgment . . . , and plaintiff filed a reply to that response . . . . After
referral, on February 29, 2016, U.S. Magistrate Judge Kathleen Tafoya entered a report and
recommendation ("R&R"), recommending that plaintiff's renewed motion for summary judgment
be granted in part and denied in part. . . . Specifically, the Magistrate Judge recommended
granting summary judgment on plaintiff's claim for direct copyright infringement, but denying it
as to plaintiff's claims for contributory and vicarious copyright infringement and trademark
infringement. . . . On March 22, 2016, defendant filed an objection to the R&R. . . . On April 4,
2016, plaintiff filed a response to defendant's objection. (ECF No. 56.) As a result, the renewed
motion for summary judgment and the R&R with respect thereto are now before the Court. For
the reasons discussed below, the Court SUSTAINS defendant's objection to the R&R, ADOPTS
IN PART and REJECTS IN PART the R&R, and DENIES the renewed motion for summary
judgment. . . .
Defendant's objection to the R&R is that, although he "shar[ed]" in some manner plaintiff's
photographs and videos with other users of a third-party website, at no point did he copy or store
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those photographs or videos onto his computer, citing Perfect 10. . . . Defendant raised this same
argument in his response to the original motion for summary judgment. . . . The Magistrate
Judge, though, failed to address it in the R&R in finding that defendant infringed plaintiff's
copyrights. . . . Because the Court finds that defendant's argument has merit, the Court thus
REJECTS the part of the R&R related to the second element of plaintiff's direct copyright
infringement claim. As a result, the Court will conduct a de novo review of that element. . . .
Here, though, there is no explanation of whether sharing links to plaintiff's photographs and
videos resulted in copies of thumbnails being automatically stored on defendant's computer.
Similarly, there is no explanation in plaintiff's statement of facts as to whether defendant's act of
sharing links to plaintiff's photographs and videos caused or induced another party to directly
infringe plaintiff's copyrights. Given the apparent technological aspect to these questions, expert
testimony, or at least testimony from a witness with personal knowledge and experience of the
process of sharing hyperlinks or thumbnails and whether that sharing results in thumbnails being
stored on a computer, would appear to be necessary to satisfy plaintiff's burden of proving either
direct or contributory copyright infringement claims.11 This evidence may take the form of
affidavit(s) or declaration(s) in compliance with Fed.R.Civ.P. 56(c)(4).
District of Kansas
INSPIRED BY DESIGN, LLC V. SAMMY'S SEW SHOP, LLC

No. 16-CV-2290-DDC-KGG, 2016 WL 6093778 (D. Kas. Oct. 19, 2016)
Plaintiff Inspired by Design, LLC brings this lawsuit against Sammy's Sew Shop, LLC and
Samantha Pantaleo, asserting trade dress infringement, unfair competition, and copyright
infringement claims. This matter comes before the court on plaintiff's Motion for Preliminary
Injunction . . . . [W]hen photographs "serve the utilitarian purpose of presenting the various
types of products and services that the businesses offer," they are "purely descriptive pictures"
that "do not merit copyright protection because the photographs lack the requisite creativity." . . .
Similarly, the photographs at issue here are descriptive pictures presenting the types of pet beds
available for sale. Plaintiff is not likely to prevail on her assertion that these photographs are
subject to copyright protection.
KID STUFF MARKETING, INC. V. CREATIVE CONSUMER CONCEPTS, INC.

No. 15-2620-JWL, 2016 WL 7336406 (D. Kas. Dec. 19, 2016)
In this lawsuit, plaintiff asserts that defendants infringed on its copyrights in certain illustrated
characters, assembly instructions and a die line associated with paperboard cars that defendant
Steak N Shake Operations, Inc. ("SNS") distributed to consumers in connection with its kids'
meal program. This matter is presently before the court on the parties' motions for summary
judgment. The parties have filed cross-motions on the issues of whether SNS enjoys an
irrevocable implied license to use the character copyrights and whether the assembly instructions
and die line copyrights are valid. Plaintiff also moves for summary judgment on the issue of
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Joshua L. Simmons
ownership of the asserted copyrights. As will be explained, both motions are granted in part and
denied in part. . . .
As will be explained law, the court concludes that KSM owns the Sizzle, Shaker and Goldie
characters (and owned those characters from the time that they were created), but whether SNS is
a joint owner of those characters must be resolved at trial. The court further concludes that, to the
extent SNS is not a joint owner of the characters, KSM granted SNS an unlimited, nonexclusive
license to retain, use and modify the characters. Finally, because the undisputed facts do not
permit an inference that the implied license was supported by consideration, the court concludes
that the license was revocable and was revoked, at the latest, upon the filing of this lawsuit. . . .
As explained in more detail below, the court concludes as a matter of law that KSM is the sole
owner of the assembly instructions copyright and that it owned that copyright at all times. The
court further concludes that defendants have not rebutted the presumption of validity with
respect to the illustrations contained in the assembly instructions copyright, but that defendants
have established that the copyright in the written instructions is not valid. Finally, the court
rejects defendants' argument that KSM is not seeking damages or any other remedy based on
defendants' infringement of the assembly instructions copyright.
Western District of Oklahoma
BROADCAST MUSIC, INC. VS. Z'S CLUB, LLC

No. CIV-16-0116-HE, 2016 WL 1651877 (W.D. Okla. Apr. 25, 2016)
The plaintiffs in this action have sued defendants for copyright infringement. Broadcast Music,
Inc. ("BMI") owns the right to license the public performance rights to certain copyrighted
musical compositions. The rest of the plaintiffs are the owners of the copyrighted songs, which
they claim were publicly performed without authorization at Z's Club (the "Club"), an
establishment owned by defendant Z's Club, LLC. In addition to Z's Club, LLC, plaintiffs have
sued its present or past owners, Anthony Paul Vinson and Travis Reed. Defendant Vinson has
filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6).
Plaintiffs allegations, though sparse, are sufficient to state a claim against defendant Vinson for
vicarious copyright infringement. They allege that copyrighted musical compositions were
publicly performed at Z's Club and "pleaded specific facts to raise a plausible inference that
[Vinson] exercised control over and financially benefitted from the performance venue." . . . As
the court explained in Broadcast Music, Inc. v. Meadowlake, Ltd. . . . , "[i]n interpreting the
Copyright Act against its common law background, ... courts have developed a handful of
doctrines that make people liable for copyright infringement committed by others." . . . A
defendant becomes liable under one of these doctrines " 'by profiting from [the] infringement
while declining to exercise a right to stop or limit it.' " . . . The fact that Vinson owns Z's Club
through a limited liability company may make a difference, as it "may affect whether [he]
satisfies the test for vicarious liability in the first place." . . . However, "the classification of his
business does not (at least in general) exempt him from liability." Id. "[I]t does not ... matter
whether [Oklahoma's] laws on limited liability companies would make Roy personally liable for
wrongs committed by or at his [club]." . . .
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Whether Vinson is shielded by the business judgment rule from personal liability for copyright
infringement presents a factual dispute that cannot be resolved on a motion to dismiss. Under the
facts pleaded in the complaint, he would not be entitled to claim that the infringement resulted
from an honest error in judgment when BMI, since January 2012, repeatedly warned defendants
about the alleged infringement.
NEW ATLAS DOT COM, INC. V. PIZZA INN I-40 WEST, INC.
No. CIV-11-149-D, 2012 WL 12863152 (W.D. Okla. Nov. 9, 2012)
Before the Court are the parties' cross-motions for summary judgment, filed by Plaintiff . . . and
Defendant . . . . [T]he Court finds that the undisputed facts and evidence of record are sufficient
to establish that Defendant infringed Plaintiff's protected right by displaying the copyrighted
work publicly. . . . [T]he Court finds that Defendant has failed to provide facts to support a
necessary element of its "first sale" defense, that is, the maps on display were lawfully made. . . .
[T]he Court finds that Defendant has failed to demonstrate a fair use of Plaintiff's copyrighted
maps.
District of Utah
ITN FLIX, LLC V. UNIVISION HOLDINGS, INC.

No. 2:15-CV-00736-DN, 2016 WL 6496224 (D. Utah Nov. 2, 2016)
Defendants Univision Holdings, Inc.; Univision Salt Lake City, LLC; Univision
Communications, Inc.; and El Rey Network, LLC (collectively "Broadcasters") move to dismiss
Plaintiffs' Amended Complaint ("Complaint") with prejudice ("Motion"). . . . For the reasons
below, the Motion is GRANTED. . . .
Because Plaintiffs have not alleged that any protectable elements of their film have been
infringed, they have failed at the first step of the abstraction-filtration-comparison test and
Plaintiffs have failed to establish access by showing "striking similarity" between the films.
Plaintiffs also have not established direct or third party access. Accordingly, the Complaint fails
to state a claim for copyright infringement.
STORAGECRAFT TECHNOLOGY CORPORATION V. PERSISTENT TELECOM

SOLUTIONS, INC.
No. 2:14-CV-76-DAK, 2016 WL 7155782 (D. Utah Dec. 6, 2016)
This matter is before the court on Plaintiff StorageCraft Technology Corporation's

("StorageCraft's") Motion for Partial Summary Judgment on Defendant Persistent Telecom
Solutions Inc.'s ("Persistent's") Non-Proprietary Information Based Counterclaims and on
Persistent's Motion for Partial Summary Judgment on StorageCraft's Second, Third, Fourth,
Fifth, and Eighth Claims for Relief. . . .
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Joshua L. Simmons
In this case, both parties agree that the relevant provision within the EULA is Section 5, which
prohibits the copying of StorageCraft's software "except as specifically authorized by" the EULA
and limits the use of StorageCraft's software with unlicensed, third-party software. . . . Although
the parties have argued over whether the relevant provisions are conditions or covenants and
over whether the provisions are limitations on the scope of the license, the most relevant inquiry
is whether violations of those provisions implicate one of the licensor's exclusive statutory rights.
The court considers any violation of a term of the license agreement that implicates one of the
exclusive statutory rights of a copyright owner to be sufficient to establish liability for copyright
infringement. In this case, the violations of the provisions lead to RAM copies of portions of the
software being made on the end users computer. Because copying is one of the exclusive
statutory rights granted to the owner of a copyright, the court concludes that violating the
provisions at issue implicate the licensor's exclusive statutory rights.
In terms of whether StorageCraft has provided sufficient evidence that end users have copied or
installed components of the DCRP onto a new machine without a license to do so, the court
concludes that StorageCraft has provided sufficient evidence to withstand summary judgment. . .
. StorageCraft has provided evidence that Persistent instructed its users to install the Mount
Tools on the same machine as the rCloud agent, which is typically different from the machine
licensed for the StorageCraft software, without instructing users to obtain an additional license.
In addition, StorageCraft provided an email that instructed Persistent support personnel to have
users install StorageCraft software on an unlicensed machine as a troubleshooting technique.
Finally, StorageCraft provided information about users who continued to use rCloud after
receiving these instructions from Persistent support and about the number of licenses that these
customers purchased. The court concludes that StorageCraft has provided sufficient evidence for
a reasonable jury to conclude that end users followed Persistent's instructions and infringed
StorageCraft's copyright. Therefore, the court concludes that Persistent is not entitled to
summary judgment on StorageCraft's contributory copyright infringement claim.
Eleventh Circuit
Court of Appeals for the Eleventh Circuit
HOME DESIGN SERVICES, INC. V. TURNER HERITAGE HOMES INC.

No. 15-11912, 2016 WL 3361479 (11th Cir. Jun. 17, 2016)
Plaintiff Home Design Services, Inc. ("Home Design") has sued Defendants Turner Heritage
Homes, Inc., et al. ("Turner") for copyright infringement on Home Design's architectural floor
plan HDS-2089. According to Home Design, two of Turner's floor plans, the Laurent and the
Dakota, infringe on HDS-2089. Home Design's lawsuit went to trial before the district court, and
a jury returned a verdict in favor of Home Design, awarding $127,760 in damages. Turner
moved for judgment notwithstanding the jury's verdict under Rule 50(b), which the district court
granted. We affirm. . . .
Although HDS-2089 and the Turner plans share the same general layout, this is only because
both sets of plans follow the customary four-three split style, as well as the attendant industry
standards. Kevin Alter, Home Design's own expert, conceded on cross-examination that HDS-
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2089's split-bedroom arrangement aligns with industry standards, as does the contiguity of the
dining room, breakfast nook, and kitchen. Alter further characterized HDS-2089 as neither
"unusual" nor "radically different [from] the many things that are on the market." No one,
including Home Design, owns a copyright to the idea of a four-three split style, nor to the
industry standards that architects regularly heed to achieve such a split.
FLO & EDDIE, INC. V. SIRIUS XM RADIO, INC.

No. 15-13100, 2016 WL 3546433 (11th Cir. Jun. 29, 2016)
Flo & Eddie, Inc. ("Flo & Eddie") appeals from a final order of the district court granting
summary judgment in favor of Sirius XM Radio, Inc. ("Sirius"). We have had the benefit of oral
argument and have reviewed the briefs and relevant parts of the record. As the case presents
issues that have not been addressed by the Supreme Court of Florida, we believe the issues are
appropriate for resolution by Florida's highest court and defer our decision in this case pending
the certification of questions to the Supreme Court of Florida. . . .
Accordingly, we respectfully certify the following questions of law to the Supreme Court of
Florida: 1. Whether Florida recognizes common law copyright in sound recordings and, if so,
whether that copyright includes the exclusive right of reproduction and/or the exclusive right of
public performance? 2. To the extent that Florida recognizes common law copyright in sound
recordings, whether the sale and distribution of phonorecords to the public or the public
performance thereof constitutes a "publication" for the purpose of divesting the common law
copyright protections in sound recordings embedded in the phonorecord and, if so whether the
divestment terminates either or both of the exclusive right of public performance and the
exclusive right of reproduction? 3. To the extent that Florida recognizes a common law
copyright including a right of exclusive reproduction in sound recordings, whether Sirius's back-
up or buffer copies infringe Flo & Eddie's common law copyright exclusive right of
reproduction? 4. To the extent that Florida does not recognize a common law copyright in sound
recordings, or to the extent that such a copyright was terminated by publication, whether Flo &
Eddie nevertheless has a cause of action for common law unfair competition / misappropriation,
common law conversion, or statutory civil theft under FLA. STAT. § 772.11 and FLA. STAT. §
812.014?
MEDALLION HOMES GULF COAST, INC. V. TIVOLI HOMES OF SARASOTA, INC.

No. 15-15393, 2016 WL 3996671 (11th Cir. Jul. 26, 2016)
Medallion Homes Gulf Coast, Inc. ("Medallion") appeals from the district court's grant of
summary judgment to Tivoli Homes of Sarasota, Inc. ("Tivoli"), Nicole Duke, Michael Duke,
Jason Kubisiak, and Start to Finish Drafting, L.L.C. in their federal copyright infringement suit
brought pursuant to 17 U.S.C. § 501. Medallion's complaint alleged in relevant part that
Defendants-Appellees infringed Medallion's copyright in a technical drawing and architectural
plan called "Santa Maria" by obtaining a copy of the Santa Maria plan and subsequently building
a home that was "substantially similar" to the Santa Maria. The district court granted summary
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Joshua L. Simmons
judgment in favor of Tivoli, finding that the differences between the Tivoli home and the
Medallion design were sufficiently significant that no reasonable finder of fact could determine
that the works were "substantially similar" so as to constitute copyright infringement. On appeal,
Medallion argues that the district court erred because genuine issues of fact existed as to whether
Tivoli copied protected elements of Medallion's Santa Maria design. . . .
In the instant case, . . . the Santa Maria and the Duke floor plans are at first glance visually
similar. Both plans can be described as four-three split plans, that is, four-bedroom three-
bathroom plans with a master bedroom on one end and three other rooms at the other end. In the
Santa Maria, the master bedroom is on the right side, and in the Duke plan, the master bedroom
is on the left side. Both plans are arranged around a large center open area containing a
contiguous great room, dining room, kitchen, and nook. Both plans contain a two-car garage.
However, despite the fact that the plans share in common the same set of rooms, arranged in the
same overall layout, these shared elements are not copyrightable elements. Indeed, the same
basic split layout was present in both our Home Design Services and Intervest cases.
The district court . . . amply examined the numerous differences between the plans. Indeed,
Medallion's expert identified more differences than similarities. These differences include
differences in dimensions, wall placement, and the presence, arrangement, and function of
particular features around the house such as doors, windows, and other fixtures. . . . We need not
repeat the district court's excellent analysis. We conclude that the differences identified by the
district court are significant; they are comparable to those described in Home Design Services
and Intervest. For example, instead of having two separate garage spaces as in the Santa Maria,
the Duke plan instead includes one two-car garage and one finished and air-conditioned hobby
room with a niche area directly outside of the entrance door. Additionally, unlike the two-car
garage in the Santa Maria, the two-car garage in the Duke residence also differs with respect to
dimensions, the inclusion of attic access, and the number and placement of windows and doors.
The numerous and significant differences discussed by the district court indicate that these plans
differ where it matters: at the level of protectable elements.
[W]e agree with the district court. Appellant has not shown that there is a genuine question of
fact as to substantial similarity. The district court's grant of summary judgment to Defendants-
Appellees is affirmed.
ARTHUR RUTENBERG HOMES, INC. V. JEWEL HOMES, LLC

No. 15-14965, 2016 WL 3996670 (11th Cir. Jul. 26, 2016)
Plaintiffs-Appellants Arthur Rutenberg Homes, Inc. ("Rutenberg") and Marcus Allen Homes,
Inc. ("Marcus Allen") appeal from the district court's grant of summary judgment to Defendants-
Appellees Jewel Homes, LLC ("Jewel"), Julie D. Irvin ("Irvin"), Mary C. Lesher, and Michael B.
Lesher, in their federal copyright infringement suit brought pursuant to 17 U.S.C. § 501.
Appellants' complaint alleged in relevant part that Appellees infringed Rutenberg's federally
copyrighted "Amalfi Model" architectural plan and work by preparing an architectural plan ("the
Lesher Plan") to build a home that is substantially similar to the copyrighted Amalfi plan and
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work. The district court granted summary judgment to Appellees on the basis that the differences
between the two designs are so significant that no reasonable, properly instructed jury could find
the works substantially similar. On appeal, Appellants argue that the existence of genuine issues
of material fact as to substantial similarity precludes summary judgment. . . .
In the instant case, . . . the district began by noting similarities between the Amalfi plan and the
Lesher Plan. The court observed that "[t]he floor plan of the Amalfi and the Lesher Plan are
visually similar in some respects and the general layout is the same." . . . "Both floor plans are
for a four-bedroom, four-bath, single-story split-plan home. ... In both floor plans, the garage,
utility room, three bed rooms and the bonus room are lined up on the right side, the master
bathroom and bedroom are on the left side, with the kitchen, dining room, den and great room
separating the bedroom areas situated on opposite sides of the floor plans." . . . In other words, as
in Home Design Services and Intervest, the shared or similar elements between the two plans are
non-protectable elements. The district court then examined the numerous differences between the
two plans. . . . As in Home Design Services and Intervest, these differences are differences in
dimensions, wall placement, and the presence, arrangement, and function of particular features
around the house. The differences described by the district court in the instant case are
comparable to those described in Home Design Services and Intervest. In other words, the
potentially protectable elements of the two designs are different, not similar. Accordingly, at the
level of protectable elements, there is no genuine question of material fact that an average lay
observer would recognize the Lesher Plan as having been appropriated from the Amalfi.
[W]e agree with the district court. Appellants have not shown that there is a genuine question of
fact as to substantial similarity. The district court's grant of summary judgment to Defendants-
Appellees is affirmed.
Northern District of Alabama
MOHR V. SCIENCE AND ENGINEERING SERVICES, INC.

No. 5:14-CV-00045-MHH, 2016 WL 4540921 (N.D. Ala. Aug. 31, 2016)
In this lawsuit, Mr. Mohr asserts claims against Science and Engineering Services, Inc., Science
and Engineering Services, LLC, SES Holding Co., Inc., and Harold G. "Bud" Sowers. . . . Mr.
Mohr asserts against SES a federal cause of action for copyright infringement under 17 U.S.C. §
501 and state law claims for breach of contract, unjust enrichment, conversion, accounting,
defamation, intentional interference with business relations, conspiracy, and fraud. . . . The
defendants have filed a counterclaim, in which they ask the court to declare that Mr. Mohr's
copyright is invalid. . . . This matter is before the Court on Mr. Mohr's motion for partial
summary judgment on his copyright infringement claim and the defendants' motion for summary
judgment on Mr. Mohr's claims. . . .
1. Subject Matter Jurisdiction . . . [T]he Court may exercise jurisdiction over Mr. Mohr's
copyright infringement claim as it pertains to the fully-automated AMIP web-based computer
program that Mr. Mohr registered in February 2010. . . .
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Joshua L. Simmons
2. Copyright Ownership . . . Given the state of the facts and law as described above, only a
written agreement that expressly assigned all copyright interests in AMIP to Mr. Mohr could
prevent DynCorp from being considered the author of AMIP under the Copyright Act. . . . The
record discloses exactly the opposite. Mr. Mohr executed an employee agreement with DynCorp
in which he agreed to "promptly make full disclosure and assign to the Company any ideas,
discoveries, inventions, developments or improvements conceived or made by me, either solely
or jointly with others, during the period of my employment with the Company relating to
Company business, development programs or contemplated interests." . . . The undisputed facts
in the record compel the conclusion that the requirements of the work-for-hire doctrine are
satisfied, and Mr. Mohr is not the author of AMIP for purposes of a copyright action. . . .
Absent evidence of some form of conduct that has unfairly tipped the scales of justice, the Court
cannot use equitable estoppel to prevent the dismissal of a claim that is legally insufficient.
Therefore, SES is not estopped from asserting the work-for-hire defense to Mr. Mohr's copyright
infringement claim. . . .
3. Copying of Protected Elements . . . Sixteen files, at least, were present in the registered
version of AMIP but not in AMIP_ONE or SES AMIP. Mr. Mohr has offered no means of
gauging how many more files appeared only in the registered version of AMIP. In addition,
attempting to reconstruct the registered version of AMIP by comparing AMIP_ONE with SES
AMIP leaves open the question of what to do when AMIP_ONE and SES AMIP do not match.
On the evidence presented to the Court, filling these gaps to re-create the registered version of
AMIP with source code from either AMIP_ONE or SES AMIP would entail pure speculation.
Therefore, the Court must conclude that Mr. Mohr is unable to produce the copyrighted work,
and the Court cannot conduct an infringement analysis.
FEDOSEYEV V. CFD RESEARCH CORPORATION

No. 5:15-CV-02321-HGD, 2016 WL 6699312 (N.D. Ala. Nov. 15, 2016)
Defendant, CFD Research Corporation (CFD) has moved, pursuant to Fed.R.Civ.P. 12(b)(6), to
dismiss Count III of plaintiff, Alexandre Fedoseyev's, First Amended Complaint. . . . CFD's basis
for its motion is that Count III, which alleges a wanton disregard of a known duty, is preempted
by § 301 of the Copyright Act. . . . [D]efendant's motion to dismiss Count III of the First
Amended Complaint is due to be GRANTED.
Middle District of Florida
PK STUDIOS, INC. V. R.L.R. INVESTMENTS, LLC

No. 2:15-CV-389-FTM-99CM, 2016 WL 25917 (M.D. Fla. Jan. 4, 2016)
This matter comes before the Court on review of Defendants' Motion to Dismiss or,
Alternatively, for a More Definite Statement (Doc. #30) filed on September 30, 2015. Plaintiff
filed a Response (Doc. #35) on November 10, 2015 to which Defendants filed a Reply (Doc.
#47) on December 22, 2015. For the reasons set forth below, the motion is denied. . . .
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While the Court agrees with Defendants that PK Studios cannot ultimately prevail on this count
without providing the specific materials alleged to have been copied so that they can be
compared to the Eagles Landing designs, PK Studios was under no obligation to do so at the
pleading stage, . . . , and Defendants will be able to obtain this information during discovery.
Accordingly, the Court concludes that PK Studios has adequately alleged its cause of action for
copyright infringement and Defendants' motion to dismiss will be denied. Likewise, the Court
concludes that the Complaint is not “so vague or ambiguous that [Defendants] cannot reasonably
prepare a response.” Fed. R. Civ. P. 12(e). Therefore, Defendants' motion for a more definite
statement also will be denied.
FINE V. BAER
No. 5:15-CV-21-OC-28PRL, 2016 WL 4472965 (M.D. Fla. Aug. 23, 2016)
John Christopher Fine filed the instant lawsuit against Defendants Robert H. Baer and Tyrrell L.
Armstrong for violating Fine's copyright in a photograph that Defendants reproduced in a book
about a shipwreck. Fine now files a Motion for Partial Summary Judgment on the issue of
Defendants' joint and several liability for copyright infringement under 17 U.S.C. § 501 and his
entitlement to damages, attorneys' fees, and costs. . . . Fine's motion is due to be granted in part
and denied in part. . . .
If I take Fine's proffered date of discovery as true, the instant action was filed well within the
statute of limitations on January 13, 2015-nearly a full year before the limitations period expired.
If, on the other hand, I take Defendants' proffered dates as true, Fine's filing would be short of
the 2014 cutoff. This is a genuine issue of material fact that cannot be resolved at this stage. . . .
Here, Defendants fail to meet their burden. The only facts upon which Defendants rely are that
"Leo used the Copper Bucket photograph at his presentations" and that Fine saw Leo using the
photograph at those presentations. . . . Fine contends correctly that Leo's use of the photograph
was for educational purposes and therefore falls under the "fair use" exception to copyright
protection. . . . "Section 107 of the Copyright Act specifically permits the unauthorized use of
copyrighted work 'for purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research.' " . . . . Because Defendants' sole
evidence that Fine waived his copyright relies on Leo's "fair use" of the photograph, Defendants
fail to establish a waiver of Fine's right to enforce his copyright. Summary judgment will be
entered in favor of Fine on the affirmative defense of waiver.
PK STUDIOS, INC. V. R.L.R. INVESTMENTS, LLC

No. 2:15-CV-389-FTM-99CM, 2016 WL 4529323 (M.D. Fla. Aug. 30, 2016)
This matter comes before the Court on Plaintiff's Motion to Strike Defendants' Affirmative
Defenses . . . . Also before the Court is Plaintiff's Motion to Dismiss Defendants' Counterclaims .
. . . For the reasons stated and as set forth below, Plaintiff's Motion to Strike is granted in part
and denied in part, and Plaintiff's Motion to Dismiss is granted.
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Joshua L. Simmons
MEDALLION HOMES GULF COAST, INC. V. TIVOLI HOMES OF SARASOTA, INC.

No. 8:14-CV-3117-T-33JSS, 2016 WL 5870215 (M.D. Fla. Oct. 7, 2016)
This cause comes before the Court pursuant the Renewed Motion for Attorney's Fees and Costs
filed on August 25, 2016, by Defendants Michael and Nicole Duke. . . . On September 2, 2016,
Plaintiff, Medallion Homes Gulf Coast, Inc., filed a Response in Opposition to the Motion. (Doc.
# 48). For the reasons that follow, the Court grants the Motion in the amount of $8,760.
Southern District of Florida
ADIDAS AG V. FOOTBALLBANGKOK.COM
No. 16-60220-CIV, 2016 WL 817390 (S.D. Fla. Feb. 26, 2016)
THIS CAUSE is before the Court on Plaintiffs' Motion for Preliminary Injunction [DE 8]
(“Motion”). The Court has carefully reviewed the Motion, the supporting declarations and
exhibits, and the record in this case. The Court also heard oral arguments from Plaintiffs' counsel
at a motion hearing held earlier today. Although Defendants received sufficient notice of these
proceedings, no Defendant responded to the Motion or appeared at the preliminary-injunction
hearing. . . .
Here, Plaintiffs are substantially likely to succeed on the merits of their claims. Plaintiffs have
offered clear evidence that Defendants are selling goods bearing unauthorized, infringing copies
of Plaintiffs' Marks and/or unauthorized copies of the adidas Copyrighted Work, thereby
confusing the public about the origin of those goods. . . . Further, allowing Defendants to
continue this illegal conduct would cause irreparable harm to Plaintiffs by damaging the
reputation and goodwill associated with their genuine trademarked and copyrighted goods, and
by allowing Defendants to profit from their sale of counterfeit products. And because Defendants
have no right to sell these illicit goods, the balance of harms strongly favors Plaintiffs. Last,
enjoining Defendants' conduct—the unlawful sale of fraudulent goods to consumers—serves the
public interest. Plaintiffs have therefore clearly proven all four requirements for a preliminary
injunction.
OPTIMA TOBACCO CORP. V. US FLUE-CURED TOBACCO GROWERS, INC.

No. 1:15-CV-22044-KMM, 2016 WL 1045838 (S.D. Fla. Mar. 16, 2016)
This cause is before the Court on Defendants UETA, Inc. and Duty Free Americas, Inc.'s Motion
to (1) Dismiss for Lack of Subject Matter Jurisdiction; (2) Dismiss for Lack of Personal
Jurisdiction; (3) Dismiss for Forum Non Conveniens or, in the Alternative, Transfer for Improper
Venue; and/or (4) Dismiss for Failure to State a Claim. [D.E. 45]. For the reasons explained
below, the motion is granted. . . .
Because the Manufacturing Agreement establishes that UETA (not Optima) owns the copyrights,
Optima lacks standing to bring an action for infringement of those copyrights. Under the
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Copyright Act, only the “legal or beneficial owner of an exclusive right under a copyright” may
“institute an action for any infringement of that particular right while he or she is the owner of
it.” . . . The copyright owner must have such status at the time of the alleged infringement to
have standing to sue. . . . As explained in detail above, at the time Optima instituted this action, it
did not own the copyrights at issue. Optima expressly and unambiguously transferred any and all
ownership rights to the copyrights to UETA under the Manufacturing Agreement. Thus, Optima
lacks standing to bring this copyright infringement action.
Optima's lack of standing requires the Court to dismiss this action under Rule 12(b)(1) for lack
of subject matter jurisdiction.
ROBERTS V. GORDY
No. 13-24700-CIV, 2016 WL 1441465 (S.D. Fla. Apr. 8, 2016)
THIS MATTER is before the Court on the Parties' competing motions for summary judgment
(DE 228, DE 230), which are fully briefed. This case, which has been pending for more than two
years, has taken a circuitous route only to arrive at where it should have begun: Was the musical
composition Hustlin' validly registered with the Copyright Office, and, if so, do Plaintiffs have
an ownership interest in the exclusive right to prepare derivative works for the musical
composition Hustlin'? . . .
For the foregoing reasons, the Court cannot find that any of the Plaintiffs, either legally or
beneficially, hold “the kind of clearly delineated exclusivity over at least one strand of the bundle
of rights that would permit [Plaintiffs'] to sue for infringement.” . . . The undisputed evidence
shows that Plaintiffs were aware of the competing registrations, knew of the inaccuracies in the
registrations, and took no steps to correct, amend, or address the registrations during two years of
litigation until after discovery was closed and the Parties had moved for summary judgment on
the issues of registration and ownership. Plaintiffs have asked this Court to grant summary
judgment in their favor and bear the burden of establishing both compliance with statutory
formalities and ownership. Because Plaintiffs do not hold a valid copyright registration and
because Plaintiffs have not established either legal or beneficial ownership of the exclusive right
to prepare derivative works for Hustlin', Plaintiffs' motion for summary judgment (DE 228) is
DENIED and this case is DISMISSED. All pending motions are DENIED AS MOOT.
Federal Circuit
LEXMARK INTERN., INC. V. IMPRESSION PRODUCTS, INC.

No. 2014-1617, 2014-1619, 2016 WL 559042 (Fed. Cir. Feb. 12, 2016)
[Ed. Note: This is a patent case, but it includes an extensive discussion of the first sale doctrine
under the Copyright Act.]
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Joshua L. Simmons
HALO CREATIVE & DESIGN LTD. V. COMPTOIR DES INDES INC.

No. 2015-1375, 2016 WL 945227 (Fed. Cir. Mar. 14, 2016)
Halo Creative & Design Ltd., Halo Trademarks Ltd., and Halo Americas Ltd. (collectively,
“Halo”), own two U.S. design patents, thirteen U.S. copyrights, and one U.S. common law
trademark relating to twenty-five of their furniture designs. Halo is located in Hong Kong. Halo
sued Comptoir Des Indes, Inc. (“Comptoir”), a Canadian company, and its CEO, David
Ouaknine (collectively, “appellees”), a Canadian resident, in the Northern District of Illinois.
Halo asserted that appellees infringed their intellectual property and violated Illinois consumer
fraud and deceptive business practices statutes.
Appellees moved to dismiss on forum non conveniens grounds, contending that the Federal
Court of Canada would be a superior forum. The district court granted the motion and dismissed
the case. Halo Creative & Design Ltd. v. Comptoir Des Indes, Inc., No. 14C8196, 2015 WL
426277, at *3 (N.D.Ill. Jan. 29, 2015) (“Halo ”). Halo appeals. We reverse and remand for
further proceedings.
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II. COPYRIGHT-RELATED LEGISLATION
House
H.R. 644: Trade Facilitation and Trade Enforcement Act of 2015
The Senate agreed to the conference report of the Trade Facilitation and Trade Enforcement Act
of 2015 on February 11, 2016 by a vote of 75 to 20. As the bill has passed the House and senate,
it will be presented to the President for his signature or veto.
The Trade Facilitation and Trade Enforcement Act of 2015 was enacted after being signed by the
President on February 24, 2016.
For more information, please visit https://www.congress.gov/bill/114th-congress/house-bill/644.
H.R. 1644: Supporting Transparent Regulatory and Environmental Actions in

Mining Act
The STREAM Act passed the House of Representatives on January 12, 2016 by a vote of 235 to
188.
For more information, please visit https://www.congress.gov/bill/114th-congress/house-

bill/1644/.
H.R. 4829: Trade Protection Not Troll Protection Act
H.R. 4829 was introduced in the House of Representatives on March 22, 2016 by Representative
Cardenas. The bill was referred to the House Committee on Ways and Means for consideration.

bill/4829/.
H.R. 4865: Nanotexhnology Advancement and New Opportunities Act
H.R. 4865 was introduced in the House of Representatives on March 23, 2016 by Representative
Honda. The bill was referred to various committees for consideration.

bill/4865/.
H.R. 4948: Artist-Museum Partnership Act of 2015
H.R. 4948 was introduced in the House of Representatives on April 14, 2016 by Rep. John
Lewis, and referred to the House Committee on Ways and Means. It is cosponsored by Rep.
Vern Buchanan.
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Joshua L. Simmons

bill/4948/.
H.R. 4909: National Defense Authorization Act for Fiscal Year 2017
H.R. 4909 was introduced in the House on April 12, 2016 by Rep. Mac Thornberry, and referred
to the Committee on Armed Services. It was considered by various subcommittees and
forwarded to the full committee, which considered the bill and held a mark-up session. It was
reported by the committee on May 4, 2016 and placed on the Union Calendar, Calendar No. 413.

bill/4909/.
H.R. 5051: Open Government Data Act
H.R. 5051 was introduced in the House on April 26, 2016 by Rep. Derek Kilmer, and referred to
the Committee on Oversight and Government Reform. It is co-sponsored by Rep. Blake
Farenthold. It is identical to S. 2852.

bill/5051/.
H.R. 5325: Legislative Branch Appropriations Act, 2017
H.R. 5325 was introduced on May 25, 2016 by Rep. Tom Graves as an original measure of the
House Committee on Appropriations, and placed on the Union Calendar (Calendar No. 461).
House Report 114-594 accompanied the bill. With regard to the Copyright Office, the bill
provides:
For all necessary expenses of the Copyright Office, $68,827,000, of which not more than
$31,269,000, to remain available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2017 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further, That not more than
$5,929,000 shall be derived from collections during fiscal year 2017 under sections
111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which collections are
less than $37,198,000: Provided further, That $4,531,000 shall be derived from prior year
unobligated balances: Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an "International Copyright Institute" in
the Copyright Office of the Library of Congress for the purpose of training nationals of
developing countries in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for activities of the
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International Copyright Institute and for copyright delegations, visitors, and seminars:
Provided further, That notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are attributable to
royalty fees and payments received by the Copyright Office pursuant to sections 111,
119, and chapter 10 of such title may be used for the costs incurred in the administration
of the Copyright Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section 802(e).
On June 9, 2016, H.R. 5325 was considered by the Committee of the Whole House pursuant to
H. Res. 771. Various amendments were offered. Relevant to copyright, H.Amdt. 1167 (to
reduce the amount made available by the Bill by one percent) was offered by Rep. Blackburn.
At the conclusion of debate, the Chair put the question on adoption of the amendment and by
voice vote, announced that the ayes had prevailed. Rep. Wasserman Schultz demanded a
recorded vote and the Chair postponed further proceedings on the question of adoption of the
amendment until a time to be announced. Rep. Graves moved that the committee rise, and the
motion was agreed to by voice vote, leaving H.R. 5325 as unfinished business.
On June 10, 2016, H.R. 5325 was considered by the Committee of the Whole House. H.Amdt.
1167 failed by a recorded vote of 165 to 237 (Roll No. 290). H.R. 5325 was passed by 233 to
175 (Roll No. 294, which is available at http://clerk.house.gov/evs/2016/roll294.xml).
On September 12, 2016, Sen. McConnell made a motion to proceed to consideration of the bill.
He then made a cloture motion on the bill, and asked for unanimous consent that the mandatory
quorum call with repsect to the cloture motion be waived. He indicated that he "expect[ed] to
move forward [that] week on a continuing resolution through December 9 at least year's enacted
levels." Mr. Reid was then recognized on the subject of the continuing resolution.
On September 15, 2016, Sen. McConnell made a motion to proceed to consideration of the bill.
On September 22, 2016, Sen. McConnell introduced a continuing resolution on the bill with
various amendments.
On September 28, 2016, the bill passed the Senate with an amendment (72 - 26), and the House
agreed to the Senate amendment (342 - 85). On September 29, 2016, the bill was signed by the
President.

bill/5325/.
H.R. 5657: H-1B and L-1 Visa Reform Act of 2016
H.R. 5657 was introduced on July 7, 2016 by Rep. Bill Pascrell Jr. [D-NJ-9], and referred to the
House Committee on the Judiciary and the Committee on Education and the Workforce. Rep.
Dana Rohrabacher [R-CA-48] is a co-sponsor of the bill. Among other things, the bill would
amend Section 214(c)(2)(B) of the Immigration and Nationality Act to state that "The ownership
of patented products or copyrighted works by a petitioner under section 101(a)(15)(L) does not
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Joshua L. Simmons
establish that a particular employee has specialized knowledge. In order to meet the definition
under clause (i), the beneficiary shall be a key person with knowledge that is critical for
performance of the job duties and is protected from disclosure through patent, copyright, or
company policy."

bill/5657/.
H.R. 5757: Copyright Alternative in Small-Claims Enforcement Act of 2016.
H.R. 5757 was introduced on July 13, 2016 by Rep. Hakeen Jeffries, and referred to the House
Committee on the Judiciary. Rep. Marino is a co-sponsor of the bill.
The text of H.R. 5757 was then made available.
On July 27, 2016, H.R. 5757 was referred to the Subcommittee on Courts, Intellectual Property,
and the Internet of the House Committee on the Judiciary.
On August 29, 2016, CRS provided the following summary of H.R. 5757:
This bill establishes in the U.S. Copyright Office a small claims board to serve as
an alternative forum for parties to voluntarily seek to resolve certain copyright
claims if the total monetary recovery sought by a party does not exceed $30,000.
The board is authorized to: (1) conduct hearings and conferences to facilitate
parties' settlement of claims and counterclaims; (2) render independent
determinations based on copyright laws and regulations; (3) award monetary
relief; and (4) require cessation or mitigation of infringing activity, including the
takedown or destruction of infringing materials, where the parties agree.
The bill preserves the right of parties to instead pursue a claim or defense in court.
Board proceedings shall not require in-person appearances by parties. Proceedings

may take place through Internet-based teleconference applications.
Discovery shall be limited to the production of relevant information and

documents, written interrogatories, and written requests for admission. But the
board may consider a party's request for additional limited discovery.
A party may request: (1) the claims board to reconsider its determinations, and (2)
the Register of Copyrights to review a claims board determination if the board
denies reconsideration.
A final determination precludes relitigation of the claims before a court or the

board, but parties may apply for the U.S. District Court for the District of
Columbia to vacate, modify, or correct a determination that: (1) was issued as a
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result of fraud, corruption, misrepresentation, or misconduct; (2) exceeds the

board's authority or fails to render a definite determination; or (3) was based on a
default determination or failure to prosecute that was due to excusable neglect.
If a party fails to pay or comply with relief awarded in a final board

determination, the aggrieved party may apply for a court order confirming the
final award.

bill/5757/.
H.R. 6496: Fairness for American Small Creators Act
H.R. 6496 was introduced on December 8, 2016 by Rep. Judy Chu, and referred to the House
Committee on the Judiciary. Rep. Smith is a co-sponsor of the bill.

bill/6496/.
H.Res. 722: Expressing the Sense of the House of Represenatives Supporting the
Federal Workforce
H. Res. 722 was introduced in the House on May 10, 2016 by Rep. Eleanor Holmes Norton, and
referred to the Committee on Oversight and Government Reform. It is co-sponsored by Rep.
Stephen F. Lynch, Rep. Elijah E. Cummings, Rep. Chris Van Hollen, Rep. Gregory W. Meeks,
and Rep. Sheila Jackson Lee. Among other things, it expresses support for federal employees
that "perform scientific, technical, and legal work to protect copyrights, trademarks, and patents
in furtherance of the United States progress in technology, biosciences, and international
competition."

resolution/722/.
Senate
S. 779: Fair Access to Science and Technology Research Act of 2015
On March 8, 2016, the bill was reported by Sen. Johnson with an amendment in the nature of a
substitute.
For more information, please visit https://www.congress.gov/bill/114th-congress/senate-

bill/779/.
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Joshua L. Simmons
S. 2648: Comprehensive Resources for Entrepreneurs in the Arts to Transform the

Economy Act of 2016
S.2648 was introduced on March 8, 2016 by Sen. Tom Udal, and referred to the Committee on
Finance.

bill/2648/.
S. 2793: SBIR and STTR Reauthorization and Improvement Act of 2016
S. 2793 was introduced on April 13, 2016 by Sen. Jeanne Shaheen, and referred to the Senate
Committee on Small Business and Entrepreneurship. It is cosponsored by Sen. Kelly Ayotte and
Sen. David Vitter.

bill/2793/.
S. 2837: Commerce, Justice, Science, And Related Agencies Appropriations Act

of 2017
S. 2837 was introduced on April 21, 2016 by Sen. Richard Shelby. A written report from the
Committee on Appropriations was submitted, and the bill was placed on the Senate Legislative
Calendar under General Orders.

bill/2837/.
S. 2812: SBIR and STTR Reauthorization and Improvement Act of 2016
S. 2812 was introduced on April 18, 2016 by Sen. Jeanne Shaheen, and referred to the
Committee on Small Business and Entrepreneurship. It is identical to S. 2793 (SBIR and STTR
Reauthorization and Improvement Act of 2016) and related to S. 2136 (Improving Small
Business Innovative Research and Technologies Act of 2015). It is co-sponsored by Senators
Vitter, Markey, and Ayotte.
On May 11, 2016, the Committee on Small Business and Entrepreneurship ordered the bill to be
reported with an amendment in the nature of a substitute favorably. Among other things, the bill
provides that "Subject to paragraph (2)(B), the cost of seeking protection for intellectual
property, including a trademark, copyright, or patent, that was created through work performed
under an SBIR or STTR award is allowable as an indirect cost under that award." Sec. 304.
On May 24, 2016, S. 2812 was reported by Sen. Vitter of the Committee on Small Business and
Entrepreneurship with an amendment in the nature of a substitute, and placed on the Senate
Legislative Calendar Under General Orders (Calendar No. 480).
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bill/2812/.
S. 2852: Open Government Data Act
S. 2852 was introduced on April 26, 2016 by Sen. Brian Schatz, and referred to the Committee
on Homeland Security and Governmental Affairs. It is co-sponsored by Sen. Ben Sasse. It is
identical to H.R. 5051.
On May 25, 2016, S. 2852 was ordered to be reported by the Committee on Homeland Security
and Government Affairs with an amended in the nature of a substitute favorably. For more
information, please visit https://www.congress.gov/bill/114th-congress/senate-bill/2852/.
On December 8, 2016, S. 2852 was reported by the Senate Homeland Security and Government
Affairs by Sen. Johnson with an amendment in the nature of a substitute. The bill was placed on
the Senate Legislative Calendar No. 718 under General Orders.
On December 10, 2016, S. 2852 passed the Senate with an amendment by Unanimous Consent.
On December 12, 2016, a message on Senate action was sent to the House and held at the House
desk.

bill/2852/.
S. 2859: College Access Act of 2016
S. 2859 was introduced on April 27, 2016 by Sen. Al Franken, and referred to the Committee on
Health, Education, Labor, and Pensions.

bill/2859/.
S.2955: Legislative Branch Appropriations Act, 2017
S.2955 was introduced on May 19, 2016 by Sen. Shelley Moore Capito, and placed on the Senate
Legislative Calendar under General Orders (Calendar No. 473). Senate Report 114-258
accompanied the bill. With regard to the Copyright Office, the bill provides:
For all necessary expenses of the Copyright Office, $68,825,000, of which not more than
$33,619,000, to remain available until expended, shall be derived from collections
credited to this appropriation during fiscal year 2017 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not obligate or expend any
funds derived from collections under such section, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further, That not more than
$5,929,000 shall be derived from collections during fiscal year 2017 under sections
111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such title: Provided further, That the total
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Joshua L. Simmons
amount available for obligation shall be reduced by the amount by which collections are
less than $39,548,000: Provided further, That $6,147,000 shall be derived from prior year
unobligated balances: Provided further, That not more than $100,000 of the amount
appropriated is available for the maintenance of an "International Copyright Institute" in
the Copyright Office of the Library of Congress for the purpose of training nationals of
developing countries in intellectual property laws and policies: Provided further, That not
more than $6,500 may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for activities of the
International Copyright Institute and for copyright delegations, visitors, and seminars:
Provided further, That, notwithstanding any provision of chapter 8 of title 17, United
States Code, any amounts made available under this heading which are attributable to
royalty fees and payments received by the Copyright Office pursuant to sections 111,
119, and chapter 10 of such title may be used for the costs incurred in the administration
of the Copyright Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section 802(e).

bill/2955.
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III. COPYRIGHT OFFICE
The Making Available Right in the United States Report
COPYRIGHT OFFICE RELEASES REPORT ON THE RIGHT OF MAKING AVAILABLE
The U.S. Copyright Office released The Making Available Right in the United States: A Report
of the Register of Copyrights. The report follows a multi-year study to review and assess the
application of the “making available” right under U.S. copyright law. Two international
treaties—collectively known as the WIPO Internet Treaties—require the United States to provide
such a right, which gives copyright owners the exclusive right to authorize the on-demand
transmission of their works to the public. Although the United States did not adopt express
“making available” language when it implemented the WIPO Internet Treaties in 1998, the
longstanding consensus across the U.S. government has been that the exclusive rights under the
Copyright Act collectively provide the substance of the making available right.
Concurring with that view, the report concludes that U.S. law provides the full scope of
protection required by the treaties, and that therefore no statutory change is currently necessary.
The report provides historical context and legal background to assist in understanding how U.S.
law implements the making available right. It recommends that Congress continue to monitor
case law developments in this area and briefly outlines potential legislative options that could be
explored, should they be necessary, to clarify the law’s intended scope.
Informational Technology Modernization Plan
COPYRIGHT OFFICE REQUESTS PUBLIC COMMENT ON FUNDING AND

IMPLEMENTATION OF IT MODERNIZATION PLAN
The U.S. Copyright Office is seeking public input to inform the funding strategy and
implementation timeline for the Office’s Provisional Informational Technology Modernization
Plan (attached).
The IT Plan provides for an IT system that can meet the current and future needs of a modern
copyright agency by minimizing costly infrastructure requirements, embracing cloud services,
and utilizing mobile technologies. When that plan is implemented, the Office will, among other
things, be able to accept copyright registrations through third-party apps on mobile devices and
offer direct, real-time access to the Office’s database of information about copyrighted works
through an API. IT modernization is a central component of the Office’s Strategic Plan for 2016-
2020, published December 1, 2015, and the plan will be further refined in the coming months
working with Congress, the Library and Copyright Office customers.
The Notice of Inquiry is attached. Written comments must be received no later than March 31,
2016, at 11:59 p.m. eastern time.
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Joshua L. Simmons
INFORMATION TECHNOLOGY UPGRADES FOR A TWENTY-FIRST CENTURY

COPYRIGHT OFFICE WRITTEN COMMENTS
The Copyright Office received 63 written comment submissions in response to its Information
Technology Upgrades for a Twenty-First Century Copyright Office NOI. They are available by
clicking on the links below:
• A2IM,ASCAP,BMI,NMPA,RIAA,SESAC
(https://www.regulations.gov/#!documentDetail;D=COLC-2016-0002-0052)
• AIPLA
• American Association of Law Libraries

• American Bar Association, Section of Intellectual Property Law

• American Society of Media Photographers

• Anonymous Anonymous
• Arnold Drapkin
• Association of American Publishers

• Diane Barton
• Ben Perini
• Cindi Christie
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• Copyright Alliance
• Craig Martin
• Daniel Acker
• David Calvert
• David Scott Smith

• David Trotman-Wilkins
• David Wells
• Dawn Mitchell
• Derrick Harmon
• Digital Media Licensing Association (DMLA)

• Doug Davis
• Doug Pizac
• Ed Shems
• Edward Kelly
• Graphic Artists Guild

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Joshua L. Simmons
• Intellectual Property Owners Association

• Internet Association
• John (Jack) Hess

• John Higbee
• John Schmelzer
• Jonni Bailey
• Joseph Caserto
• Julie Wendt Brundage

• Karen Focht
• Kenneth Hackman
• Kevin Warn
• Kristen Watson
• Lara Kisielewska
• Lawrence Levine
• Lois Neustadt
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• Mary Rasenberger
• Matthew Byrd
• Michael Glenn
• Michael Williams
• Mickey Osterreicher
• Miguel Vasconcellos
• Motion Picture Association of America, Inc.

• Nancy Fong (https://www.regulations.gov/#!documentDetail;D=COLC-2016-

0002-0056)
• Professional Photographers of America

• Rebecca Blake
• Richard Kennedy
• Ron Scribner
• Ross Taylor
• Ryland Hawkins
• Sara Chapman
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Joshua L. Simmons
• Scott Chesney
• Stacy Pearsall
• Susan Seubert
• Thos Halmi
• Tim Carroll
Section 1201 Study
SECTION 1201 STUDY: NOTICE AND REQUEST FOR PUBLIC COMMENT
The United States Copyright Office is undertaking a public study to assess the operation of
section 1201 of Title 17, including the triennial rulemaking process established under the DMCA
to adopt exemptions to the prohibition against circumvention of technological measures that
control access to copyrighted works. To aid this effort, and to ensure thorough assistance to
Congress, the Office is seeking public input on a number of key questions.
SECTION 1201 STUDY: EXTENSION OF COMMENT PERIOD
The United States Copyright Office is extending the deadlines for the submission of written
comments in response to its December 29, 2015 Notice of Inquiry regarding the operation of
section 1201 of Title 17.
SECTION 1201 INITIAL WRITTEN COMMENTS
The Copyright Office received 68 initial written comment submissions in response to its Section
1201 study. They are available by clicking on the links below:
• AAP, MPAA and RIAA

(http://www.regulations.gov/#!documentDetail;D=COLC-2015-0012-0045)
• AAU, ACE, APLU, EDUCAUSE

• ACM U.S. Public Policy Council

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• ACT | The App Association

• AIPLA
• Alliance of Automobile Manufacturers

• American Foundation for the Blind

• Marjorie Anderson
• Brandon Anonymous
• Authors Alliance
• Joshua Brickel
• BSA | The Software Alliance

• Center for Democracy & Technology

• Competitive Carriers Association

• Consumer Technology Association

• Consumers Union
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Joshua L. Simmons
• Cyberlaw Clinic at Harvard Law School

• Peter Decherney
• DIYAbility
• John Dulaney
• DVD Copy Control Association and Advanced Access Content System Licensing
Administrator, LLC
• Electronic Frontier Foundation

• Entertainment Software Association

• Emily Feltren
• Jay Freeman
• Nicolas Ganivet
• Mike Godwin
• Timothy Howes
• Otto Hunt
• Peter Hunt
• iFixit
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• Institute of Scrap Recycling Industries, Inc.

• International Documentary Association, Film Independent, Kartemquin

Educational Films
• Kernochan Center for Law, Media and the Arts, Columbia Law School
• Knowledge Ecology International

• Maryna Koberidze
• Learning Disabilities Association of America

• Library Copyright Alliance

• Aaron Lowe
• Microsoft Corporation
• MIT Libraries, MIT Press, and MIT Office of Digital Learning

• Mozilla
• New America's Open Technology Institute

• New Media Rights

• Peter Olivo
• Organization for Transformative Works

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Joshua L. Simmons
• David Oster
• Owners' Rights Initiative

• Timothy Pearson
• Public Knowledge
• R Street Institute
• Rapid7
• Rico Robbins
• Matias Rocha
• Dominic Romeo
• Shelia Silas
• Society of American Archivists

• Software and Information Industry Association

• starelikemckeehen poker club

• Static Control Components, Inc.

• The Center for Copyright Integrity

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• University of Virginia Library

• USC Intellectual Property and Technology Law Clinic

• Michael Westbay
• Nick Yeates
• ANON Ymous
SECTION 1201 STUDY: ANNOUNCEMENT OF PUBLIC ROUNDTABLES
The United States Copyright Office has issued Notices of Inquiry (``NOIs'') announcing separate
public studies on software- enabled consumer products and section 1201 of title 17. In addition
to soliciting written comments on these issues, the Office is now announcing public roundtables
for these studies to provide forums for interested members of the public to address the issues set
forth in the NOIs.
DATES AND ADDRESSES: Public roundtables for the above-referenced Copyright Office
studies will be held on the dates and at the locations provided below. The roundtables for the two
studies are being held on consecutive dates in each location to accommodate parties who may
have an interest in attending both. . . .
Section 1201 Study: Likewise, for its study on section 1201, the Office will hold public
roundtables in Washington, DC and San Francisco, CA. The roundtable in Washington will take
place on May 19 and May 20, 2016, at the Library of Congress's Madison Building, 101
Independence Avenue SE., Washington, DC 20540, from 9:00 a.m. to approximately 5:00 p.m.
on the first day, and from 9:00 a.m. to approximately 1:00 p.m. on the second day. The
roundtable in San Francisco will take place on May 25 and May 26, 2016, at Hastings School of
Law, 200 McAllister Street, San Francisco, CA 94102, from 9:00 a.m. to approximately 5:00
p.m. on the first day, and from 9:00 a.m. to approximately 1:00 p.m. on the second day.
Additional information, including instructions for submitting requests to participate in the

roundtables, is available on the Copyright Office Web site at
http://copyright.gov/policy/software/ (software-enabled consumer products) and
http://copyright.gov/policy/1201/ (section 1201). Requests to participate in the roundtables must
be received by the Copyright Office by April 18, 2016. If you are unable to access a computer or
the internet, please contact the Office using the contact information below for special
instructions.
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Joshua L. Simmons
SECTION 1201 REPLY WRITTEN COMMENTS
The Copyright Office received 16 written reply comment submissions in response to its Section
1201 study. They are available by clicking on the links below:
• AAP, MPAA and RIAA

• Alliance of Automobile Manufacturers

• American Automobile Association

• Ethan Blocher-Smith
• Peter Decherney
• Charles Duan
• DVD Copy Control Association and Access Content System Licensing

Administrator, LLC (https://www.regulations.gov/#!documentDetail;D=COLC-
2015-0012-0085)

• Entertainment Software Association

• International Documentary Association and seven other filmmaker organizations


• Michael Mabe
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• SIIA
• USC Intellectual Property and Technology Law Clinic

COPYRIGHT OFFICE POSTS AGENDAS FOR SECTION 1201 ROUNDTABLES,

ANNOUNCES CHANGE TO SAN FRANCISCO SCHEDULE
The U.S. Copyright Office has released the agendas for the public roundtable sessions
announced in its March 28, 2016 Federal Register notice in connection with its study on section
1201 of title 17. The agendas provide the locations and times of the sessions and list the
participants assigned to each panel. The agendas are available on the Office website.
The Office also is announcing a change in the schedule for the San Francisco roundtable
sessions. Those sessions will be held entirely on May 25, 2016. The Washington, D.C. sessions
will take place on May 19 and 20, 2016, as originally scheduled.
For further information on the section 1201 study, please see http://copyright.gov/policy/1201/.
Section 512 Study
SECTION 512 STUDY: NOTICE AND REQUEST FOR PUBLIC COMMENT
The United States Copyright Office is undertaking a public study to evaluate the impact and
effectiveness of the DMCA safe harbor provisions contained in 17 U.S.C. 512. Among other
issues, the Office will consider the costs and burdens of the notice-and-takedown process on
large- and small-scale copyright owners, online service providers, and the general public. The
Office will also review how successfully section 512 addresses online infringement and protects
against improper takedown notices. To aid in this effort, and to provide thorough assistance to
Congress, the Office is seeking public input on a number of key questions.
COPYRIGHT OFFICE EXTENDS COMMENT PERIOD FOR SECTION 512 STUDY
The United States Copyright Office has published the attached Federal Register notice extending
the deadlines for public comment in connection with the Office’s study on section 512 of Title
17. The study was announced in a Notice of Inquiry issued by the Office on December 31, 2015.
Initial written comments in response to the Notice are now due no later than 11:59 p.m. Eastern
Time on April 1, 2016.
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Joshua L. Simmons
COPYRIGHT OFFICE ANNOUNCES ROUNDTABLE DISCUSSIONS FOR SECTION 512

STUDY
The United States Copyright Office is announcing two two-day public roundtables to gather
additional input for its section 512 study. The roundtables, to take place in New York, New York
on May 2 and 3, 2016, and Stanford, California on May 12 and 13, 2016, will offer an
opportunity for interested parties to comment on topics relating to the DMCA notice-and-
takedown system, as set forth in the Notice of Inquiry issued by the Office on December 31,
2015. Those seeking to participate in the roundtables should complete and submit the online
form available at http://copyright.gov/policy/section512/public-roundtable/participate-
request.html. Requests to participate must be received by the Copyright Office no later than
April 4, 2016. For further information about the section 512 study and roundtable, please see
http://copyright.gov/policy/section512/.
COPYRIGHT OFFICE EXTENDS TIME TO SUBMIT REQUESTS TO PARTICIPATE IN

512 ROUNDTABLE DISCUSSIONS
The United States Copyright Office is extending the deadline for the submission of requests to
participate in the section 512 roundtables in New York and California, which were announced in
its March 18, 2016 Notice of Inquiry. The roundtables, to take place in New York, New York on
May 2 and 3, 2016, and Stanford, California on May 12 and 13, 2016, will offer an opportunity
for interested parties to comment on topics relating to the DMCA notice-and-takedown system,
as set forth in the Notice of Inquiry issued by the Office on December 31, 2015. Those seeking
to participate in the roundtables should complete and submit the online form available at
http://copyright.gov/policy/section512/public-roundtable/participate-request.html. Requests to
participate must now be received by the Copyright Office no later than 11:59 p.m. Eastern Time
on April 11, 2016. The Office expects to post the agenda for the New York and California
roundtables, including the participants for each session, on or about April 18, 2016. For further
information about the section 512 study and roundtable, please see
SECTION 512 WRITTEN COMMENTS
The Copyright Office received 90,966 written comment submissions in response to its Section
512 study, including 85,844 that are identical as they used a template form created by the
advocacy organization Fight for the Future, and 4,981 that submitted short form comments.
They are available at
https://www.regulations.gov/#!docketBrowser;rpp=25;so=ASC;sb=title;po=0;dct=PS;D=COLC-
2015-0013;refD=COLC-2015-0013-0002. The remaining 141 long form comments are available
by clicking on the links below:
• ACT | The App Association

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• Rodrigo Adair
• Adam Holland and Christopher T. Bavitz

• Tiffany Gouch aka molasses jones (TM)

• American Cable Association

• American Photographic Artists

• American Photographic Artists, Inc.

• Todd Andersen
• Application Developers Alliance

• Joseph Arnett
• Arts and Entertainment Advocacy Clinic at George Mason University School of

Law (https://www.regulations.gov/#!documentDetail;D=COLC-2015-0013-
90145)

• Automattic Inc.
• Jonathan Bailey
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Joshua L. Simmons
• Matthew Barblan et al.

• Brian Batie
• K Beyer et al
• Annemarie Bridy et al.

• BSA | The Software Alliance

• William Buckley
• T Bone Burnett, et al.

• Gordon Byrnes
• Nick Campolo
• Stephen Carlisle
• Center for Democracy & Technology

• Computer & Communications Industry Ass'n

• Richard Conlon
• Consumer Technology Association

• Content Creators Coalition

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• Copyright Enforcement Group Inc. d/b/a CEG TEK International

• Council of Music Creators, METAlliance, Songwriters of North America, et al

• CreativeFuture
• CTIA
• Jarret Cummings
• DepositFiles
• Digimarc Corporation
• Digital Media Association

• Digital Media Licensing Association (DMLA)

• Directors Guild of America

• Jane Doe et al
• Gina Doe
• Jane Doe
• Jill Doe
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Joshua L. Simmons
• DotMusic

• Engine
• Eniveed Music
• Etsy, Foursquare, Kickstarter, MakerBot, Meetup, Shapeways, and Stratasys

• Facebook, Inc.
• Theodore Feder
• Floor64, Inc., d/b/a the Copia Institute

• Freespeech on Youtube
• Allison Funkhouser
• Johnson George
• Getty Images
• Eric Goldman
• Google
• Michael Hansen
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• Eric Hardwick
• Michael Horton
• Sarah Hudgins
• Vance Ikezoye
• Independent Film & Television Alliance

• Information Technology and Innovation Foundation

• Institute for Intellectual Property and Social Justice

• Intel Corporation
• Intellectual Property Owners Association

• Internet Association
• Internet Commerce Coalition

• Internet Infrastructure Coalition

• Eva Jones
• Kernochan Center for Law, Media and the Arts, Columbia Law School
• Dina LaPolt
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Joshua L. Simmons

• David Lowery
• Michael Mabe
• Ian Mele
• Microsoft
• Sean Moore

• Mozilla
• Elnar Mukhamediarov
• Music Community
• Music Managers
• Musicnotes
• National Basketball Association, National Football League, National Hockey

League and Ultimate Fighting Championship
• Matthew Neco
• New America's Open Technology Institute

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• New Media Rights

• New York Intellectual Property Law Association

• New York Intellectual Property Law Association (NYIPLA)

• Andrew Norton
• Amethyst O'Connell
• Organization for Transformative Works

• Cary Palmer
• Matthew Patasnik
• Gillian Pathey-Johns
• Jon Penney
• Performing Rights Society

• Janice Pilch
• Pinterest, Inc.
• M. Pope
• Nicole Previte
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Joshua L. Simmons
• Professional Photographers of America

• Savannah Pucella
• Mary Rasenberger
• Re:Create
• Recording Artists & Songwriters

• Ringtone Intellectual Property Group

• Cindy Schnackel
• Maria Schneider
• Ellen Seidler
• Suzanne Shell
• SIIIA
• SiteGround
• Smithsonian Folkways Recordings

• Songwriters of North America - Los Angeles Branch

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• Sony Music Entertainment

• Maria Sosa
• SoundCloud Operations, Inc.

• Jon Steltenpohl
• Rachel Stilwell
• TechNet
• The Internet Archive

• The Recording Academy

• The Wireless Internet Service Providers Association

• Universal Music Group

• Jennifer Urban et al.

• USTelecom
• Verizon Communications
• Paul Vixie
• Warner Music Group

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Joshua L. Simmons
• Wikimedia Foundation
• Yahoo! Inc.
• Ahmed Shehroze Yasin

• James Yates
• Li Yu
COPYRIGHT OFFICE ANNOUNCES LOCATION CHANGES FOR SECTION 512

ROUNDTABLES
The locations of the section 512 public roundtables in New York and California, announced in
the Office's March 18, 2016, Notice of Public Roundtables, have been changed to larger venues.
The New York roundtable taking place on May 2 and 3 will now be held in room 506 of the
Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007.
For the New York roundtable, sessions 1-4 will be held on Monday, May 2 and sessions 5-7, as
well as an additional closing session to hear from observers, will be held on Tuesday, May 3,
2016. The roundtables will run from 9:00 am to 5:00 pm on both days.
The California roundtable taking place on May 12 and 13 will now be held in courtroom 4 of the
Ninth Circuit's James R. Browning Courthouse, 95 Seventh Street, San Francisco, California
94103. For the California roundtable, sessions 1-4 will be held on Thursday, May 12 and
sessions 5-7, as well as an additional closing session to hear from observers, will be held on
Friday, May 13, 2016. The roundtables will run from 9:00 am to 5:00 pm on both days.
Federal Register notices announcing the details of these location changes for the New York and
California roundtables will be posted on the Office's Section 512 Study page at
COPYRIGHT OFFICE POSTS AGENDA FOR SECTION 512 ROUNDTABLES IN SAN

FRANCISCO, ANNOUNCES ROOM CHANGE
The U.S. Copyright Office has posted the agenda for the section 512 public roundtable taking
place on May 12 and 13, 2016 in San Francisco, California. The agenda provides the location
and times of the sessions and lists the participants assigned to each session. The agenda is
available on the Office website.
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The Office is also announcing a change in the room location for the San Francisco section 512
roundtable. Originally scheduled to take place in courtroom four, the roundtable will now be held
in courtroom five of the James R. Browning Courthouse, 95 Seventh Street, San Francisco,
California 94103.
For further information on the section 512 study, please see

SECTION 512 STUDY: REQUEST FOR ADDITIONAL COMMENTS
The U.S. Copyright Office seeks further comments on the impact and effectiveness of the Digital
Millennium Copyright Act (``DMCA'') safe harbor provisions. This request provides an
opportunity for interested parties to reply or expand upon issues raised in written comments
submitted on or before April 1, 2016, and during the public roundtables held May 2-3, 2016 in
New York, and May 12-13, 2016 in San Francisco. The Copyright Office also invites parties to
submit empirical research studies assessing issues related to the operation of the safe harbor
provisions on a quantitative or qualitative basis.
Software-Enabled Consumer Products Study
SOFTWARE-ENABLED CONSUMER PRODUCTS STUDY REPLY WRITTEN

COMMENTS
The Copyright Office received 6 reply written comment submissions in response to its software-
enabled consumer products study. They are available by clicking on the links below:
• Consumers Union
• Engine Advocacy

• Owners' Rights Initiative


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Joshua L. Simmons
SOFTWARE-ENABLED CONSUMER PRODUCTS STUDY: ANNOUNCEMENT OF

PUBLIC ROUNDTABLES
The United States Copyright Office has issued Notices of Inquiry (``NOIs'') announcing separate
public studies on software- enabled consumer products and section 1201 of title 17. In addition
to soliciting written comments on these issues, the Office is now announcing public roundtables
for these studies to provide forums for interested members of the public to address the issues set
forth in the NOIs.
DATES AND ADDRESSES: Public roundtables for the above-referenced Copyright Office
studies will be held on the dates and at the locations provided below. The roundtables for the two
studies are being held on consecutive dates in each location to accommodate parties who may
have an interest in attending both.
Software-Enabled Consumer Products Study: For its study on software-enabled consumer

products, the Office will hold public roundtables in Washington, DC and San Francisco, CA. The
roundtable in Washington will take place on May 18, 2016, at the Library of Congress's Madison
Building, 101 Independence Avenue SE., Washington, DC 20540, from 9:00 a.m. to
approximately 5:00 p.m. The roundtable in San Francisco will take place on May 24, 2016, at
Hastings School of Law, 200 McAllister Street, San Francisco, CA 94102, from 9:00 a.m. to
approximately 5:00 p.m.
Additional information, including instructions for submitting requests to participate in the

roundtables, is available on the Copyright Office Web site at
http://copyright.gov/policy/software/ (software-enabled consumer products) and
http://copyright.gov/policy/1201/ (section 1201). Requests to participate in the roundtables must
be received by the Copyright Office by April 18, 2016. If you are unable to access a computer or
the internet, please contact the Office using the contact information below for special
instructions.
COPYRIGHT OFFICE AGENDAS AVAILABLE FOR SOFTWARE-ENABLED

CONSUMER PRODUCTS STUDY ROUNDTABLES IN WASHINGTON, D.C. AND SAN
FRANCISCO, CA
Agendas for the Software-Enabled Consumer Products Study public roundtables taking place on
May 18, 2016 in Washington, D.C. and on May 24, 2016 in San Francisco, California are now
available on the Copyright Office website. The agendas provide the location and times of the
roundtable sessions and include the participants in each session. For further information on the
Software-Enabled Consumer Products Study, please see http://copyright.gov/policy/software/.
COPYRIGHT OFFICE RELEASES REPORT ON SOFTWARE-ENABLED CONSUMER

PRODUCTS
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The U.S. Copyright Office today released its report "Software-Enabled Consumer Products." The
report follows a year-long process, during which the Office studied how copyright law interacts
with software-enabled consumer products, from cars, to refrigerators, to cellphones, to
thermostats, and more. Requested by the Senate Judiciary Committee, the report explores the
various legal doctrines that apply to this subset of software, which is increasingly present in
everyday life, including important copyright doctrines such as fair use, merger, scènes à faire,
first sale, and the section 117 exemptions. The report focuses on specific issues raised in the
public comments and hearings, including how copyright law affects licensing, resale, repair and
tinkering, security research, and interoperability.
The Copyright Office's report found that current legal doctrines support a wide range of
legitimate uses of the embedded software in consumer products while also recognizing the
importance of copyright protection to the creation and distribution of innovative products. The
report provides a thorough review of the existing legal framework with respect to software
embedded in consumer products, but it does not recommend legislative changes at this time.
The full report and executive summary are available on the Copyright Office's website at
http://copyright.gov/policy/software/.
Mandatory Deposit of Electronic Books and Sound Recordings Available Only Online
Study
COPYRIGHT OFFICE REQUESTS PUBLIC COMMENT ON MANDATORY DEPOSIT OF

ONLINE-ONLY BOOKS AND SOUND RECORDINGS
The U.S. Copyright Office today published a Notice of Inquiry ("NOI"), seeking public comment
on potential changes to the mandatory deposit regulations for electronic works not available in a
physical format (referred to as "online-only works"). An interim rule adopted in 2010 creates a
limited exception to the Register's longstanding regulatory exemption that online-only works are
not subject to mandatory deposit requirements, and also establishes best edition criteria and
regulations as to electronic serials. The Library of Congress is now interested in expanding the
2010 interim rule to apply to online-only books and sound recordings. The NOI asks for
feedback from affected communities regarding their experience with the interim rule, as well as
comments pertaining to the potential application of mandatory deposit to online-only books and
sound recordings. The Notice of Inquiry, and instructions on how to submit a comment, are
available on the Copyright Office website. Written comments must be received no later than July
18, 2016 at 11:59 p.m. Eastern Time.
COPYRIGHT OFFICE EXTENDS COMMENT PERIOD FOR NOTICE OF INQUIRY

REGARDING MANDATORY DEPOSIT OF ONLINE-ONLY BOOKS AND SOUND
RECORDINGS
The U.S. Copyright Office has published a Federal Register notice extending the deadline for
submission of written comments in response to its May 17, 2016, Notice of Inquiry regarding the
mandatory deposit of electronic books and sound recordings available only online. Written
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Joshua L. Simmons
comments in response to the Notice are now due no later than 11:59 p.m. eastern time on August
18, 2016. Additional information, including instructions on how to submit a comment, is
available on the Copyright Office website.
MANDATORY DEPOSIT OF ELECTRONIC BOOKS AND SOUND RECORDINGS

AVAILABLE ONLY ONLINE STUDY WRITTEN COMMENTS
The Copyright Office received 15 written comment submissions in response to its Mandatory
Deposit of Electronic Books and Sound Recordings Available Only Online study. They are
available by clicking on the links below:
• Reynold Akison
(https://www.regulations.gov/document?D=COLC-2016-0005-0017)

• The Authors Guild

• Benetech
• Santos Garcia

• National Writers Union, Western Writers of America, and American Society of

Journalists and Authors
• Portico
• Recording Industry Association of America, Inc. (RIAA)


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• UCLA Library
• University of Michigan Library Copyright Office

• University of Virginia Library

• University of Washington
Library and Archives Exceptions Study
COPYRIGHT OFFICE SEEKS MEETINGS WITH STAKEHOLDERS ON REVISIONS TO

LIBRARY AND ARCHIVES EXCEPTIONS
The U.S. Copyright Office today published a Notice of Inquiry ("NOI") inviting interested
parties to discuss potential revisions to the library and archives exceptions in the Copyright Act,
17 U.S.C. § 108, in furtherance of the Office's policy work in this area over the past ten years
and as part of the current copyright review process in Congress. The Copyright Office has led
and participated in major discussions on potential changes to section 108 since 2005, with the
goal of updating the provisions to better reflect the facts, practices, and principles of the digital
age and to provide greater clarity for libraries, archives, and museums. To finalize its legislative
recommendation, the Copyright Office seeks further input from the public on several remaining
issues, including, especially, provisions concerning copies for users, security measures, public
access, and third-party outsourcing. The Copyright Office therefore invites interested parties to
schedule meetings in Washington, D.C. to take place during late June through July, 2016.
The Notice of Inquiry, and instructions on how to request a meeting, are available on the
Copyright Office website. Requests must be received no later than July 7, 2016 at 11:59 p.m.
Eastern Time.
Reduced Fee for Designating Agent Under the DMCA Study
OFFICE SEEKS COMMENT ON REDUCED FEE FOR DESIGNATING AGENTS UNDER

THE DMCA
The United States Copyright Office has published a notice of proposed rulemaking and request
for comments concerning a significant reduction in the fee for online service providers to
designate agents to receive notifications of claimed infringement under section 512 of the Digital
Millennium Copyright Act ("DMCA"). The Office is proposing the lower fee in anticipation of a
new online system through which service providers will be able to more efficiently designate
agents with the Office and the public will be able to more easily search for such agents.
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At this time, the Office is soliciting comments solely with respect to the proposed $6 fee to
designate agents in the new system. Accordingly, comments should be directed only to the
appropriateness of the proposed fee. Written comments must be received no later than 11:59 p.m.
Eastern Time on June 24, 2016. Additional information and instructions for filing comments are
available on the Copyright Office website.
ELECTRONIC SYSTEM FOR DESIGNATING AGENTS UNDER DMCA LAUNCHED

TODAY
Today, the U.S. Copyright Office launched its new electronic system to designate and search for
agents to receive notifications of claimed infringement under the Digital Millennium Copyright
Act (DMCA). The final rule implementing the new system and governing what is required of
service providers to designate an agent also comes into effect today.
As previously announced, as of today, all new designations must now be made through the
online registration system. Additionally, any service provider that has previously designated an
agent with the Office through the old paper-based system will have until December 31, 2017, to
submit a new designation electronically through the new system. Until that time, an accurate
designation in the old paper-generated directory will continue to satisfy the service provider's
obligations under section 512(c)(2), and the public will need to continue to search the paper-
generated directory if the service provider is not yet listed in the new electronically generated
directory.
For more information, please visit the home page for the new directory and registration system,
here. From this page, users can access both the old and new directories, create or log in to a
registration account, review the new regulations, watch video tutorials demonstrating how to use
the new system, read answers to frequently asked questions about the new rule and electronic
system, or contact the Office with any questions.
Appointment of Register of Copyrights
LIBRARIAN OF CONGRESS SEEKS INPUT ON REGISTER OF COPYRIGHTS
The public will have the opportunity to provide input to the Library of Congress on expertise
needed by the Register of Copyrights, the Librarian of Congress, Carla Hayden, announced
today.
Beginning today, December 16, an online survey is open to the public. The survey will be posted
through January 31, 2017. Input will be reviewed and inform development of knowledge, skills,
and abilities for fulfilling the Register position.
Information provided through the survey will be posted online and submitters' names will
appear. Note that input will be subject to review, and input may not be posted that is off-topic or
contains vulgar, offensive, racist, threatening or harassing content; personal information; or
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gratuitous links to sites that could be considered spam. The Library's complete comment policy
can be viewed at http://www.loc.gov/legal/comment-and-posting-policy/.
To provide input through the survey, click at https://www.research.net/r/RegisterOfCopyrights.
Rulemakings
REMOVAL OF PERSONALLY IDENTIFIABLE INFORMATION FROM REGISTRATION

RECORDS
The United States Copyright Office (``Office'') is proposing new rules related to personally
identifiable information (``PII'') that may be found in the Office's registration records. First, the
proposed rule will allow an author, claimant of record, or the authorized agent of the author or
claimant of record, to request the removal of certain PII that is requested by the Office and
collected on a registration application, such as home addresses or personal phone numbers, from
the Office's internet-accessible public catalog, while retaining it in the Office's offline records as
required by law. Second, the proposed rule will codify an existing practice regarding extraneous
PII that applicants erroneously include on registration applications even though the Office has
not requested it, such as driver's license numbers, social security numbers, banking information,
and credit card information. Under the proposed rule, the Office would, upon request, remove
such extraneous PII both from the Office's internet-accessible public catalog and its offline
records.
DESIGNATION OF AGENT TO RECEIVE NOTIFICATION OF CLAIMED

INFRINGEMENT
Under the Digital Millennium Copyright Act (``DMCA''), the U.S. Copyright Office is required
to maintain a ``current directory'' of agents that have been designated by online service providers
to receive notifications of claimed infringement. Since the DMCA's enactment in 1998, online
service providers have designated agents with the Copyright Office using the Office's or their
own paper form, and the Office has made scanned copies these filings available to the public by
posting them on the Office's Web site. Although the DMCA requires service providers to update
their designations with the Office as information changes, an examination of the Office's current
directory reveals that many have failed to do so, and that much of the information currently
contained in the directory has become inaccurate and out of date. On September 28, 2011, the
Office issued a notice of proposed rulemaking to update relevant regulations in anticipation of
creating a new electronic system through which service providers would be able to more
efficiently submit, and the public would be better able to search for, designated agent
information. On May 25, 2016, with the electronic system in its final stages of development, the
Office issued a notice of proposed rulemaking proposing significantly lower fees for designating
agents through the forthcoming online system. As the next step in implementation, the Office
today announces the adoption of a final rule to govern the designation and maintenance of
DMCA agent information under the new electronic system and to establish the applicable fees.
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Joshua L. Simmons
GROUP REGISTRATION OF PHOTOGRAPHS
The U.S. Copyright Office is proposing to update its regulations governing group registration
options for photographers to encourage broader participation in the registration system, increase
the efficiency of the registration process, and create a more robust record of the claim. First, the
Office has created new online registration applications specifically designed for group
registrations of published photographs and group registrations of unpublished photographs. The
proposed rule would require applicants to use these online applications, in lieu of any existing
paper application. Applicants will be allowed to include up to 750 photographs with each
application. Second, the proposal would eliminate less-efficient forms of registering photographs
that have been adopted over the years-- namely, the pilot program permitting group registration
of published photographs using the electronic application designed for registering a single work,
and the option of registering a number of unpublished photographs as an ``unpublished
collection.'' The pilot program for photographic databases will remain in effect. Third, the
proposed rule will update the deposit requirement for group registrations of photographs and
photographic databases by requiring applicants to submit their works in digital form.
SUPPLEMENTARY REGISTRATION
The U.S. Copyright Office is proposing to amend the regulation governing supplementary
registration to reflect certain technical upgrades that will soon be made to the electronic
registration system. In most cases applicants will be required to submit an online application in
order to correct or amplify the information set forth in a basic registration. This will increase the
efficiency of the supplementary registration process for both applicants and the Office alike. In
addition, the Office is amending the regulation to codify and update certain practices that are set
forth in the Compendium of U.S. Copyright Office Practices, Third Edition and to improve the
readability of the regulation.
GROUP REGISTRATION OF CONTRIBUTIONS TO PERIODICALS
The U.S. Copyright Office is proposing to amend the regulation governing the group registration
option for contributions to periodicals to reflect certain upgrades that will soon be made to the
electronic registration system. The proposed rule will require groups of contributions to be filed
through the Office's electronic registration system. In addition, it will modify the deposit
requirement for this option by requiring applicants to submit their contributions in a digital
format and to upload those files through the electronic system. The proposed rule will increase
the efficiency of the registration process for both the Office and copyright owners alike.
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GROUP REGISTRATION OF CONTRIBUTIONS TO PERIODICALS
The United States Copyright Office is extending the deadline for the submission of written
comments in response to its December 1, 2016 Notice of Proposed Rulemaking regarding group
registration of contributions to periodicals.
SUPPLEMENTARY REGISTRATION
comments in response to its December 1, 2016 Notice of Proposed Rulemaking regarding
supplementary registration.
GROUP REGISTRATION OF PHOTOGRAPHS
comments in response to its December 1, 2016 Notice of Proposed Rulemaking regarding group
registration of photographs.
New and Reconsidered Procedures
SECTION 115 NOIS MAY NOW BE FILED WITH OFFICE IN BULK ELECTRONIC FORM
The United States Copyright Office is pleased to announce a new procedure to allow licensees to
file Notices of Intention to reproduce and distribute musical works under Section 115 (NOIs)
with the Office in bulk electronic form. In addition to being more efficient, bulk electronic
submission is less expensive for licensees. Details of this new process, including the required
forms for making submissions, are available at http://www.copyright.gov/licensing/115/noi-
instructions.html.
RECONSIDERATION PROCEDURE FOR REFUSALS TO REGISTER: REVISED

DEADLINES
The U.S. Copyright Office is altering the deadline for submitting requests to reconsider refusals
to register a copyright claim. Previously, a reconsideration request had to be received by the
Office, via mail, no later than three months after the Office issued its decision to refuse
registration. This rule has led to confusion, as it can be difficult to predict when a request will
physically be received by the Office, particularly given security-screening-related delays in the
processing of mail. Accordingly, to provide greater certainty to applicants, the amended rule
provides that reconsideration requests only need to be postmarked or dispatched no later than
three months after a refusal is issued.
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Joshua L. Simmons
COPYRIGHT OFFICE TECHNICAL AMENDMENTS
The U.S. Copyright Office is proposing to amend its regulations governing registration,
recordation, licensing, and other services that the Office provides. The amendments will improve
the quality of the Office's regulations by updating cross-references to the Copyright Act and the
Office's regulations, replacing outdated terminology, reflecting structural changes to the Office
and its senior management, eliminating expired or obsolete provisions, and correcting
nonsubstantive errors. While these amendments are intended to be technical in nature, out of an
abundance of caution, the Office is publishing the proposed regulations for public comment.
Notices of Intent to Audit
NOTICE OF INTENT TO AUDIT
The U.S. Copyright Office is announcing receipt of twelve notices of intent to audit certain 2012
and 2013 statements of account filed by cable operators and satellite carriers pursuant to the
section 111 and 119 statutory licenses.
Events
SAVE THE DATE: U.S. COPYRIGHT OFFICE WORLD IP DAY PROGRAM ON APRIL 26
For the fifth year in a row, the U.S. Copyright Office will join with the Copyright Alliance for a
Copyright Matters program in recognition of World Intellectual Property Day. This year's theme,
as announced by the World Intellectual Property Organization, is "Digital Creativity: Culture
Reimagined." The program will take place on Tuesday, April 26, from 10:00 a.m. to 11:30 a.m.
(EDT) in the Mumford Room (6th Floor, James Madison Memorial Building, Library of
Congress). The program is free and open to the public. Request ADA accommodations five
business days in advance at (202) 707-6362 or ada@loc.gov.
Barbara A. Ringer Copyright Honors Program
COPYRIGHT OFFICE ANNOUNCES OPEN APPLICATION PERIOD FOR RINGER

FELLOWSHIPS
The Barbara A. Ringer Copyright Honors Program offers 18 to 24-month paid fellowships for
recent law school graduates and other attorneys in the early stages of their careers. Candidates
must have a strong interest in copyright law and a demonstrated record of achievement in law
school or in practice. Ringer Fellows are closely mentored by senior attorneys and work on a
range of copyright-related issues, including policy studies and analyses, administrative
proceedings, legislative initiatives, litigation matters, and international developments.
Applications for the Ringer Honors Program are being accepted from August 1 through October
17, 2016. For more information, including how to apply, please visit the Barbara A. Ringer
Copyright Honors Program page at http://www.copyright.gov/about/special-
programs/ringer.html.
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IV. COPYRIGHT ROYALTY BOARD
Determinations of Rates and Terms
DETERMINATION OF RATES AND TERMS FOR PUBLIC BROADCASTING (PB III)
The Copyright Royalty Judges announce commencement of a proceeding to determine

reasonable rates and terms for the use of certain copyrighted works by public broadcasting
entities \2\ for the period beginning January 1, 2018, and ending December 31, 2022. The
Copyright Royalty Judges also announce the date by which a party wishing to participate in the
rate determination proceeding must file its Petition to Participate and the accompanying $150
filing fee.
DETERMINATION OF RATES AND TERMS FOR SATELLITE RADIO AND

“PREEXISTING” SUBSCRIPTION SERVICES (SDARS III)

reasonable rates and terms for the digital performance of sound recordings and the making of
ephemeral recordings by satellite radio and ``preexisting'' subscription services \2\ for the period
beginning January 1, 2018, and ending December 31, 2022. The Copyright Royalty Judges also
announce the date by which a party wishing to participate in the rate determination proceeding
must file its Petition to Participate and the accompanying $150 filing fee.
DETERMINATION OF RATES AND TERMS FOR MAKING AND DISTRIBUTING

PHONORECORDS (PHONORECORDS III)

reasonable rates and terms for making and distributing phonorecords for the period beginning
January 1, 2018, and ending December 31, 2022. The Copyright Royalty Judges also announce
the date by which a party wishing to participate in the rate determination proceeding must file its
Petition to Participate and the accompanying $150 filing fee.
DETERMINATION OF ROYALTY RATES AND TERMS FOR EPHEMERAL RECORDING

AND WEBCASTING DIGITAL PERFORMANCE OF SOUND RECORDINGS (WEB IV)
The Copyright Royalty Judges announce their determination of rates and terms for two statutory
licenses (permitting certain digital performances of sound recordings and the making of
ephemeral recordings) for the period beginning January 1, 2016, and ending on December 31,
2020.
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Joshua L. Simmons

PHONORECORDS (PHONORECORDS III)
The Copyright Royalty Judges publish for comment proposed regulations that set rates and terms
applicable during the period beginning January 1, 2018, and ending December 31, 2022, for the
section 115 statutory license for making and distributing phonorecords of nondramatic musical
works.
Adjustment of Rates
ADJUSTMENT OF CABLE STATUTORY LICENSE ROYALTY RATES
The Copyright Royalty Judges (Judges) announce partial settlement of the proceeding to adjust
the rates for the cable statutory license described in section 111 of the Copyright Act (Rate
Adjustment Proceeding). The Judges also announce commencement of further proceedings
resulting from action by the Federal Communications Commission (FCC) effecting a change in
the Sports Rule. Any party that has filed a Petition to Participate in the present proceeding may
file a Notice of Intent to Participate in the Sports Rule Surcharge portion of the proceeding
without payment of a further filing fee. Any other party in interest wishing to participate in the
Sports Rule Surcharge portion of the proceeding must file its Petition to Participate and pay the
$150 filing fee.
The Copyright Royalty Judges (Judges) publish for comment proposed regulations governing
royalty rates and terms for the distant retransmission of over-the-air television and radio
broadcast stations by cable television systems to their subscribers.
On April 26, 2016, the Copyright Royalty Judges (Judges) published for comment proposed
regulations governing royalty rates and terms for the distant retransmission of over-the-air
television and radio broadcast stations by cable television systems to their subscribers. The
participants in the proceeding concluded their negotiations and asked for readoption of the cable
rate regulations without change. The Judges accepted the negotiated settlement and did not
propose any substantive changes to the participants' proposed rates and terms. However, the
Judges' proposed regulations updated terms, moved the rules to the chapter of the CFR that
includes other applicable rules of the Copyright Royalty Board, and proposed certain other non-
substantive changes to make the rules easier to read. The Judges received comments from the
Phase I parties on the proposed changes and finding the suggested revisions therein clarified the
rule, accepted all of the proposed changes.
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COST OF LIVING ADJUSTMENT FOR PERFORMANCE OF MUSICAL COMPOSITIONS

BY COLLEGES AND UNIVERSITIES
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the
royalty rates that colleges, universities, and other educational institutions not affiliated with
National Public Radio pay for the use of published nondramatic musical compositions in the
SESAC repertory for the statutory license under the Copyright Act for noncommercial
broadcasting.
COST OF LIVING ADJUSTMENT TO SATELLITE CARRIER COMPULSORY LICENSE

ROYALTY RATES
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 1.6% in the
royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA
is based on the change in the Consumer Price Index from October 2015 to October 2016.
COST OF LIVING ADJUSTMENT TO ROYALTY RATES FOR WEBCASTER

STATUTORY LICENSE
The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates
that commercial and noncommercial noninteractive webcasters pay for eligible transmissions
pursuant to the statutory licenses for the public performance of and for the making of ephemeral
reproductions of sound recordings.
Distributions of Royalty Funds
DISTRIBUTION OF THE 2000, 2001, 2002 AND 2003 CABLE ROYALTY FUNDS
The Copyright Royalty Judges announce the final Phase II distribution of cable royalty funds for
the years 2000, 2001, 2002 and 2003 for the Program Suppliers programming category.
DISTRIBUTION OF THE 2012-2013 DIGITAL AUDIO RECORDING TECHNOLOGY

MUSICAL WORKS ROYALTY FUNDS
In the attached notice, the Copyright Royalty Judges solicit comments on a motion for partial
distribution in connection with 2012 and 2013 DART Musical Works Fund royalties.
DISTRIBUTION OF 2013 DIGITAL AUDIO RECORDING ROYALTY FUNDS
The Copyright Royalty Judges announced their determination regarding distribution of the
Digital Audio Recording Technologies (DART) royalties deposited with the Licensing Division
of the Copyright Office during 2013 to copyright owners and featured recording artists. The
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Joshua L. Simmons
Judges issued their determination to the participants in the proceeding in March 2016 and
received one motion for rehearing. On May 6, 2016, the Judges denied the motion and forwarded
the determination to the Register of Copyrights for the mandatory 60-day review prior to
publication in the Federal Register in accordance with 17 U.S.C. 801(f)(1)(D) & 803(c)(6).
Request for Comments
DISTRIBUTION OF 2014 CABLE ROYALTY FUNDS
In the attached notice, the Copyright Royalty Judges solicit comments on a motion of Phase I
claimants for partial distribution of 2014 cable royalty funds.
DISTRIBUTION OF 2014 SATELLITE ROYALTY FUNDS
The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial
distribution of 2014 satellite royalty funds.

PHONORECORDS (PHONORECORDS III); COMMENT PERIOD EXTENSION
The Copyright Royalty Judges announce that they will accept reply comments in response to
comments they received about a proposed rule regarding rates and terms applicable during the
upcoming rate period for the section 115 statutory license for making and distributing
phonorecords of nondramatic musical works.
Proceedings of the Copyright Royalty Board
PROCEEDINGS OF THE COPYRIGHT ROYALTY BOARD; TECHNICAL AMENDMENT
The Copyright Royalty Judges are adopting a technical amendment to a Copyright Royalty
Board rule regarding participation in distribution proceedings. The technical amendment updates
the threshold requirement for payment of a filing fee to conform the rule to a statutory provision.
The notice is attached.
NOTICE AND RECORDKEEPING FOR USE OF SOUND RECORDINGS UNDER

STATUTORY LICENSE
Pursuant to the attached final rule, the Copyright Royalty Judges are amending a Copyright
Royalty Board rule regarding reporting requirements for certain Educational Stations that pay no
more than the minimum fee for their use of sound recordings under the applicable statutory
licenses.
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STATUTORY LICENSE; TECHNICAL AMENDMENT
The Copyright Royalty Judges published in the Federal Register of May 19, 2016, the attached
document amending regulations that govern reporting requirements for noncommercial
educational webcasters that pay no more than the minimum fee for their use of sound recordings
under the applicable statutory licenses. Inadvertently, the amendments did not remove a
superseded definition and did not include a new defined term in the operative regulations. This
document corrects those inadvertent omissions.

On June 21, 2016, the Copyright Royalty Judges (Judges) published in the Federal Register a
technical amendment to regulations that govern reporting requirements for noncommercial
under the applicable statutory licenses. Subsequently, interested parties petitioned the Judges to
amend the regulations further to effect the Judges' stated intent. The Judges' hereby publish the
proposed amendment and request comments to the proposed rule.

On June 21, 2016, the Copyright Royalty Judges (Judges) published in the Federal Register a
technical amendment to regulations that govern reporting requirements for noncommercial
under the applicable statutory licenses. Subsequently, interested parties petitioned the Judges to
amend the regulations further to effect the Judges' stated intent. The Judges' hereby publish the
proposed amendment and request comments to the proposed rule.
PROCEDURAL REGULATIONS FOR THE COPYRIGHT ROYALTY BOARD: RATES

AND TERMS FOR STATUTORY LICENSES; TECHNICAL AMENDMENT
The Copyright Royalty Judges are amending their regulations to relocate the provisions
regarding coin-operated phonorecord players from the section of the Code of Federal
Regulations (CFR) that contains Copyright Arbitration Royalty Panel (CARP) regulations to the
section of the CFR that contains Copyright Royalty Board (CRB) regulations so that the
Copyright Office may remove the outdated CARP regulation.
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Joshua L. Simmons
ELECTRONIC FILING OF DOCUMENTS
The Copyright Royalty Judges propose to amend procedural regulations governing the filing and
delivery of documents to allow for electronic filing of documents. The Judges solicit comments
on the proposed rule.

On August 10, 2016, the Copyright Royalty Judges (Judges) published in the Federal Register
for comment proposed amendments to regulations governing reporting requirements for
noncommercial webcasters, including noncommercial educational webcasters, that pay no more
than the minimum fee for their use of sound recordings under the applicable statutory licenses.
The Judges received three comments. The Judges hereby publish the final rule.
Notices of Intent to Audit
NOTICES OF INTENT TO AUDIT
The following five notices were issued: (1) The Copyright Royalty Judges announce receipt of
four notices of intent to audit the 2012, 2013, and 2014 statements of account submitted by
commercial webcasters Batanga, DMX, Muzak Inc., and the 2013 and 2014 statements of
account submitted by commercial webcaster Pandora Media Inc., concerning the royalty
payments each made pursuant to two statutory licenses. (2) The Copyright Royalty Judges
announce receipt of a notice of intent to audit the 2012, 2013, and 2014 statements of account of
DMX concerning the royalty payments its New Subscription Service made pursuant to two
statutory licenses. (3) The Copyright Royalty Judges announce receipt of five notices of intent to
audit the 2012, 2013, and 2014 statements of account submitted by broadcasters Beasley
Broadcast Group Inc., Greater Media Inc., Saga Communications Inc., and Univision
Communications Inc. and the 2013 and 2014 statements of account submitted by broadcaster
Townsquare Media Broadcasting concerning royalty payments each made pursuant to two
statutory licenses. (4) The Copyright Royalty Judges announce receipt of a notice of intent to
audit the 2012, 2013, and 2014 statements of account of Muzak LLC concerning the royalty
payments its Preexisting Subscription Service made pursuant to two statutory licenses. (5) The
Copyright Royalty Judges announce receipt of two notices of intent to audit the 2012, 2013, and
2014 statements of account submitted by DMX and Muzak LLC concerning the royalty
payments their Business Establishment Services made pursuant to two statutory licenses.
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V. OTHER AGENCIES
Internet Policy Task Force
WHITE PAPER ON REMIXES, FIRST SALE, AND STATUTORY DAMAGES
The Internet Policy Task Force’s White Paper on Remixes, First Sale, and Statutory Damages
(White Paper) was published on January 28, 2016 (see attached). In the report, the Task Force
summarizes the comments and testimony received from stakeholders and sets forth its
conclusions and recommendations on three important copyright topics: (1) the legal framework
for the creation of remixes; (2) the relevance and scope of the “first sale doctrine” in the digital
environment; and (3) the appropriate calibration of statutory damages in the contexts of
individual file sharers and secondary liability for large-scale infringement.
The White Paper recommends amending the Copyright Act to provide both more guidance and
greater flexibility to courts in awarding statutory damages by incorporating a list of factors to
consider when determining the amount of a statutory damages award. In addition, it advises
changes to remove a bar to eligibility for the Act’s “innocent infringer” provision, and to lessen
the risk of excessive statutory damages in the context of non-willful secondary liability for
online service providers. The report also notes that some concerns raised about damages levels in
cases against individuals could be alleviated if Congress were to establish a small claims tribunal
with caps on damages awards.
With respect to remixes and the first sale doctrine in the digital environment, the report
concludes that the evidence has not established a need for changes to the Copyright Act at this
time. The Task Force makes several recommendations, however, to make it easier for remixers
to understand when a use is fair and to obtain licenses when they wish to do so. It also
recommends the development of best practices by stakeholders to improve consumers’
understanding of the terms of online transactions involving creative works. Finally, it notes the
need to continue to monitor legal and marketplace developments to ensure that library lending
and preservation concerns are addressed.
NOTICE OF PUBLIC MEETING ON DEVELOPING THE DIGITAL MARKETPLACE FOR

COPYRIGHTED WORKS
The Department of Commerce's Internet Policy Task Force (Task Force) will hold a conference
at the United States Patent and Trademark Office (USPTO) facility in Alexandria, Virginia, on
December 9, 2016, to discuss current initiatives and technologies used to develop a more robust
and collaborative digital marketplace for copyrighted works and to consider ways forward to
help achieve that result. This follows up on an earlier public meeting held by the Task Force on
April 1, 2015, which focused on how the Government can assist in facilitating the development
and use of standard identifiers for all types of works of authorship.
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Joshua L. Simmons
Intellectual Property Enforcement Coordinator
The Intellectual Property Enforcement Coordinator released a fiscal year 2017 - 2019 Joint
Strategic Plan on Intellectual Property Enforcement. The plan is available at
https://www.whitehouse.gov/sites/default/files/omb/IPEC/2016jointstrategicplan.pdf.
Customs and Border Patrol
U.S. Customs and Border Protection (CBP) published in the Federal Register of November 13,
2015, a final rule amending CBP's bond regulations. In that rule, CBP amended the regulation
prescribing bond and rider filing requirements and stated, in the preamble, that the agency's
intent was to provide additional time for the filing of these documents prior to their effective
date. Due to a drafting error, one of the provisions inadvertently provides for a more restrictive
time frame for filing a continuous bond, associated application, or rider prior to their effective
date. The attached document corrects that provision to conform it to CBP's stated intent to
liberalize the bond and rider filing process.
REGULATORY IMPLEMENTATION OF THE CENTERS OF EXCELLENCE AND

EXPERTISE
In 2012, U.S. Customs and Border Protection (CBP) developed a test to incrementally transition
the operational trade functions that traditionally reside with port directors to the Centers of
Excellence and Expertise (Centers). The purpose of the test was to broaden the ability of the
Centers to make decisions by waiving certain identified regulations to the extent necessary to
provide the Center directors, who manage the Centers, with the authority to make the decisions
normally reserved for the port directors. At this time, CBP is prepared to end the test and
establish the Centers as a permanent organizational component of the agency and to transition
certain additional trade functions to the Centers. This rule amends the CBP regulations on an
interim basis to implement this organizational change by: Defining the Centers and the Center
directors; amending the definition for port directors to distinguish their functions from those of
the Center directors; identifying the Center management offices; explaining the process by which
importers will be assigned to Centers; providing the importer with an appeals process for its
Center assignment; identifying the regulatory functions that will be transitioned from the port
directors to the Center directors and those that will be jointly carried out by the port directors and
the Center directors; and providing clarification in applicable regulations that payments and
documents may continue to be submitted at the ports of entry or electronically.
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VI. COPYRIGHT IN THE NEWS
January 2016
5 YEARS AND $7 LATER, U.S. RETURNS A SEIZED HIP-HOP SITE

via NYT > Media & Advertising by Ben Sisario on 1/1/16
URL: http://www.nytimes.com/2016/01/02/business/media/5-years-and-7-later-us-returns-a-
seized-hip-hop-site.html
The blog OnSmash was among music sites shut down in 2010, accused of copyright
infringement and selling counterfeit goods.
THE COPYKAT - STARTING THE YEAR WITH A (BIG) BANG!

via At last ... the 1709 Copyright Blog by Ben Challis on 1/4/16
URL: http://the1709blog.blogspot.com/2016/01/the-copykat-starting-year-with-big-bang.html
Two daughters, Ellen Newlin Chase and Margaret Chase Perry, have filed a copyright
infringement case against CBS, who they say featured their mother's lyrics in the show.
2016 IN COPYRIGHT LAW AND POLICY

via Copyhype by Terry Hart on 1/4/16
URL: http://www.copyhype.com/2016/01/2016-in-copyright-law-and-policy/
What can we expect for US copyright policy in 2016?
JUDGE REJECTS LAWSUIT ALLEGING FOX'S 'NEW GIRL' WAS STOLEN FROM TWO
WRITERS
via Hollywood Reporter - THR, Esq. by Eriq Gardner on 1/4/16
URL: http://www.hollywoodreporter.com/thr-esq/judge-rejects-lawsuit-alleging-foxs-851758
After two years of fighting, Fox, WME, Peter Chernin and showrunner Elizabeth Meriwether
fend off copyright claims.
GOOGLE BOOKS RULING IS 'RADICAL,' AUTHORS TELL HIGH COURT

via Intellectual Property Law360 by Bill Donahue on 1/4/16
URL: http://www.law360.com/ip/articles/742031
The Authors Guild is urging the U.S. Supreme Court to overturn a November ruling upholding
the legality of Google’s book search project, calling the decision a “radical rewrite” of the fair
use doctrine.
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Joshua L. Simmons
WILL DMCA ‘SAFE HARBOR’ LOOPHOLE FINALLY GET FIXED?

via Vox Indie by Ellen Seidler on 1/4/16
URL: http://voxindie.org/will-safe-harbor-finally-get-fixed/
U.S. Copyright Office announces study on impact and effectiveness of the DMCA safe harbor
provisions
WARNER BROS. SUES “HD FURY” OVER BOXES THAT CAN COPY 4K VIDEO
via Ars Technica by Joe Mullin on 1/4/16
URL: http://arstechnica.com/tech-policy/2016/01/warner-bros-sues-hd-fury-over-boxes-that-can-
copy-4k-video/
There are several devices sold under the "HD Fury" brand. But lawyers working for Warner
Bros. and Digital Copy Protection say that only this device, the "Integral 4K60 4:4:4 600MHz,"
can break the HDCP 2.2 copy protection that protects 4k video. (credit: HD Fury)
THE BIG BANG THEORY SUED FOR USING “SOFT KITTY” LYRICS IN HIT TV SHOW
via Ars Technica by David Kravets on 1/4/16
URL: http://arstechnica.com/tech-policy/2016/01/the-big-bang-theory-sued-for-using-soft-kitty-
lyrics-in-hit-tv-show/
The heirs to a poet who claim their mother wrote a poem popularized in the TV series The Big
Bang Theory are suing CBS and others connected to the sitcom for allegedly using the "soft
kitty" lyrics without their permission on at least eight episodes.
SPOTIFY HIT WITH $150M COPYRIGHT INFRINGEMENT SUIT

via Intellectual Property Law360 by Y. Peter Kang on 1/4/16
An independent rock musician has lobbed a $150 million putative class action at Spotify,
accusing the music streaming service of conducting an “egregious” and ongoing campaign of
copyright infringement, according to a complaint filed in California federal court.
RIVAL OF 'GAME OF WAR' APP MAKER SETTLES $100M IP SUIT

Ember Entertainment agreed to settle claims brought by the maker of the popular “Game of
War” mobile video game in a $100 million copyright infringement suit over Ember’s zombie-
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focused mobile offering “Empire Z,” according to documents filed in California federal court on
Monday.
RICHARD PRINCE HIT WITH COPYRIGHT SUIT FROM ANOTHER PHOTOG

Artist Richard Prince has been hit with another copyright lawsuit in New York federal court over
his “appropriation art,” this time by a photographer who says his images were used in Prince’s
recent Instagram-themed exhibit.
FOX KILLS 'NEW GIRL' COPYRIGHT SUIT

A California federal judge has booted a lawsuit claiming Fox Broadcasting Co. Inc. and the
creators of the sitcom “New Girl” stole the show from an unproduced screenplay, ruling that
there was no evidence they ever even saw the earlier script.
OPINION: DON'T DISMISS 'MONKEY SELFIE' CASE AS DISTRACTION

via Intellectual Property Law360 by Justin F. Marceau on 1/5/16
The frequently discussed "monkey selfie" case asks whether, as a legal matter, a nonhuman
primate can ever be an “author” of something he deliberately creates. Whatever answer the
courts eventually provide, the sophistication of an animal's mind is a matter deserving of
litigation, says Justin Marceau of the University of Denver Sturm College of Law.
WHY EXPERTS SAY THE LATEST COPYRIGHT LAWSUIT AGAINST RICHARD

PRINCE MATTERS
via ArtNet News by Brian Boucher on 1/5/16
URL: https://news.artnet.com/art-world/richard-prince-lawsuit-expert-opinions-402173
Yet another lawsuit has been filed by a photographer against a major artist, and the case could
have a major impact on the interpretation of copyright ...
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Joshua L. Simmons
9TH CIRC. URGED NOT TO RETHINK YOGA POSE COPYRIGHT RULING

via Intellectual Property Law360 by Jenna Ebersole on 1/5/16
A yoga studio asked the Ninth Circuit on Monday to refuse to rehear claims filed by yoga guru
Bikram Choudhury alleging the “Bikram Sequence” of yoga poses is protected by copyright,
arguing the petition is based on a misunderstanding of copyright law.
COPYRIGHT ROYALTY BOARD SET TO BEGIN 3 NEW ROYALTY PROCEEDINGS -

MECHANICAL ROYALTY, SIRIUS XM ...
via Lexology by David D. Oxenford on 1/4/16
URL: http://www.lexology.com/library/detail.aspx?g=ba26022e-6f09-4919-aca7-be421607fe40
In tomorrow's Federal Register, the Copyright Royalty Board will announce the commencement
of three new proceedings to set music royalties for the ...
ADOBE LOSES COPYRIGHT INFRINGEMENT CASE TO SOFTWARE SURPLUS

via FindLaw Writ - Recent Articles by Jonathan R. Tung, JD on 1/4/16
URL: http://blogs.findlaw.com/ninth_circuit/2016/01/adobe-loses-copyright-infringement-case-
to-software-surplus.html
If you buy a software program and sell that software program to a third person, is that a
copyright violation? According to Adobe it is. But not according to the Court of Appeals in the
Ninth Circuit. The circuit court held that Adobe did not meet the shifted burden it......
KIM DOTCOM EXTRADITION CASE HIGHLIGHTS DE FACTO SOPA, PIPA RULES

via IPWatchdog.com | Patents & Patent Law by Steve Brachmann on 1/6/16
URL: http://www.ipwatchdog.com/2016/01/06/64430/id=64430/
New Zealand Judge Nevin Dawson handed down a ruling that would allow the United States to
move forward with the extradition of Kim Dotcom, the founder of the former Megaupload.com,
one of the world’s most popular file sharing websites at the height of its power. Kim and others
involved with Megaupload have been sought under counts of criminal copyright infringement,
racketeering, conspiracy to commit money laundering as well as aiding and abetting criminal
copyright infringement. The original...
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'MONKEY SELFIE' JUDGE SAYS ANIMALS CAN'T SUE OVER COPYRIGHT

via Intellectual Property Law360 by Beth Winegarner on 1/6/16
The California federal judge overseeing the People for the Ethical Treatment of Animals' lawsuit
accusing a nature photographer of violating a monkey's copyright on the primate's selfie said
Wednesday that he doesn't see any protections for animals in the Copyright Act.
FILMON'S COPYRIGHT LICENSE QUEST HEADS RIGHT FOR DC CIRC.

via Intellectual Property Law360 by Margaret Harding McGill on 1/6/16
A D.C. federal judge gave online TV streaming service FilmOn X the go-ahead to immediately
appeal to the D.C. Circuit her ruling that the company is not eligible for a compulsory copyright
license that would allow it retransmit broadcast networks’ programming, according to a filing
Monday.
ORACLE WANTS SINGLE DAMAGES PERIOD IN $1B GOOGLE SUIT

via Intellectual Property Law360 by Kelly Knaub on 1/6/16
Oracle America Inc. on Tuesday slammed Google's attempt to separately analyze damages in its
$1 billion software copyright lawsuit, saying Google’s recent statement that the Android phone's
new open-source code is licensed by Oracle is “fantasy” and doesn’t justify separate damages
periods for the code at issue.
'WALK OF SHAME' COPYRIGHT SUIT HEADED FOR 9TH CIRC. APPEAL

The screenwriter who accused Elizabeth Banks and others of stealing the movie "Walk of
Shame" from his unproduced screenplay is taking his case to the Ninth Circuit, adding another
chapter to a lawsuit that the defense has called "a bad faith effort to extort settlement money."
9TH CIRC. FURTHER CLARIFIES 1ST SALE DEFENSE FOR SOFTWARE

via Intellectual Property Law360 by Erik S. Syverson & Scott M. Lesowitz on 1/6/16
The Ninth Circuit's recent decision in Adobe Systems v. Christenson is significant to copyright
law practitioners for laying out the process regarding the burdens of proof for a first sale defense.
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Joshua L. Simmons
It also provides a concrete example of insufficient evidence to defeat a first sale defense, say
Erik Syverson and Scott Lesowitz of Raines Feldman LLP.
JUDGE: MONKEY CAN'T SUE OVER SELFIE

via Law.com - Newswire by Ross Todd on 1/6/16
URL: http://www.law.com/sites/articles/2016/01/06/judge-monkey-cant-sue-over-selfie/
Those advocating for the crested macaque Naruto have no standing under the Copyright Act,
said U.S. District Judge William Orrick III.
9TH CIRC. DENIES GOOGLE FROM WEIGHING IN ON COPYRIGHT RULING

via Intellectual Property Law360 by Zachary Zagger on 1/6/16
The Ninth Circuit rejected an amicus brief from Google and others in yoga guru Bikram
Choudhury’s bid to rehear a case over whether his yoga poses are copyrightable, after Google
had wanted the court to clarify the circuit’s copyright law related to another case Google is
facing from Oracle over open-source code.
CONTROVERSIAL ARTIST FACES TOUGHER FAIR USE FIGHT IN NEW SUIT

Appropriation artist Richard Prince won a landmark 2013 ruling that the fair use doctrine
allowed him to use a photographer's copyrighted images without permission, but new
infringement accusations filed over another exhibit might be far harder for him to shake off.
2H 2015 QUICK LINKS, PART 1 (COPYRIGHT)

via Technology & Marketing Law Blog by Eric Goldman on 1/6/16
URL: http://blog.ericgoldman.org/archives/2016/01/2h-2015-quick-links-part-1-copyright.htm
* Norberto-Colon Lorenzana v. South American Restaurants Corp., No. 14-1698 (1st Cir. Aug.
21, 2015): “a chicken sandwich is not eligible for copyright protection. This makes good sense;
neither the recipe nor the name Pechu Sandwich fits any of the eligible categories and, therefore,
protection under the Copyright Act is unwarranted. A recipe — or any instructions — listing the
combination of chicken, lettuce, tomato, cheese, and mayonnaise on a bun to create a sandwich
is quite plainly not a copyrightable work.” Related post.
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COPYRIGHT OFFICE TO REVIEW SAFE HARBOR IN DMCA

via The Illusion of More by David Newhoff on 1/6/16
URL: http://illusionofmore.com/copyright-office-to-review-safe-harbor-in-dmca/
Remember Bill Clinton? If you don’t, he’s that guy who was just in New Hampshire
campaigning for his wife Hilary, who’s running for president. Anyway, Bill Clinton was
president so damn long ago that when he was first sworn into … Continue reading →
LAST YEAR, WE ASKED GOOGLE TO TAKE DOWN HALF A BILLION URLS FOR
COPYRIGHT INFRINGEMENT
via Quartz by Thu-Huong Ha on 1/6/16
URL: http://qz.com/587514/last-year-we-asked-google-to-take-down-half-a-billion-urls-for-
copyright-infringement/
From Popcorn Time (the “Netflix for piracy”) to Aurus (the Popcorn Time for music), close on
the heels of every new free digital entertainment service ...
US COPYRIGHT OFFICE IS TAKING COMMENTS ABOUT HOW WELL THE DMCA IS

WORKING
URL: http://arstechnica.com/tech-policy/2016/01/got-an-opinion-to-share-about-dmca-
takedowns-let-the-copyright-office-know/
The Electronic Frontier Foundation's 2007 "dancing baby" case dates back to a takedown of a
home video of a toddler.
JUDGE SAYS MONKEY CANNOT OWN COPYRIGHT TO FAMOUS SELFIES

URL: http://arstechnica.com/tech-policy/2016/01/judge-says-monkey-cannot-own-copyright-to-
famous-selfies/
A federal judge on Wednesday said that a monkey that swiped a British nature photographer's
camera during an Indonesian jungle shoot and snapped selfies cannot own the intellectual
property rights to those handful of pictures.
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Joshua L. Simmons
ANDROID N SWITCHES TO OPENJDK, GOOGLE TELLS ORACLE IT IS PROTECTED

BY THE GPL
via Ars Technica by Ron Amadeo on 1/6/16
URL: http://arstechnica.com/tech-policy/2016/01/android-n-switches-to-openjdk-google-tells-
oracle-it-is-protected-by-the-gpl/
The Oracle v. Google legal battle over the use of Java in Android keeps on going, but this week
Google made a change to Android that it hopes will let the company better navigate its current
legal trouble.
ADULT FILM CO. WANTS COPYRIGHT ROW SENT TO ARBITRATION

via Intellectual Property Law360 by Caroline Simson on 1/7/16
Adult film distributor AMA Multimedia LLC told a Nevada federal judge Wednesday there is no
reason not to force international commercial arbitration in AMA's copyright dispute with a
Spanish web company, as the parties have agreed that the arbitration provision in a previous
agreement is valid.
BAND SAYS UMG OWES ROYALTIES FOR VOCALS IN TIMBERLAKE HIT

The 1970s band Sly Slick & Wicked sued Universal Music Group Inc. in New York federal
court Wednesday, alleging it failed to compensate the group for using vocal performances from
their song “Sho’ Nuff” in Justin Timberlake's hit "Suit & Tie.”
ANIMAL RIGHTS GROUP LOSES COPYRIGHT SUIT OVER MONKEY SELFIES

via NPR: Technology Podcast by Nina Totenberg on 1/7/16
URL: http://www.npr.org/2016/01/07/462293356/animal-rights-group-loses-copyright-suit-over-
monkey-selfies
A federal judge ruled Wednesday that a monkey cannot own the copyrights to selfies he took.
WHY CANADA HAS NOTHING TO FEAR OVER TPP AND INTELLECTUAL PROPERTY
via Financial Post by Barry Sookman on 1/6/16
URL: http://business.financialpost.com/fp-comment/why-canada-has-nothing-to-fear-over-tpp-
and-intellectual-property
Critics have it wrong. Trade deal presents a generational opportunity
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INDUSTRY EFFORTS TO FIGHT DIGITAL PIRACY COMPLEMENT GOVERNMENT

ACTION
via The Hill by Daniel Castro & Nigel Cory on 12/30/15
URL: http://thehill.com/blogs/pundits-blog/technology/264415-industry-efforts-to-fight-digital-
piracy-complement-government
Online piracy remains a perennial problem.
RICHARD RUSSO ON AUTHORS GUILD V. GOOGLE

via The Authors Guild by Richard Russo on 1/6/16
URL: https://www.authorsguild.org/industry-advocacy/richard-russo-on-authors-guild-v-google/
Authors Guild council member Richard Russo weighs in on Authors Guild v. Google and the
redistribution of wealth from the creative sector to the tech sector.
PICTURE THIS: MONKEY SEE, MONKEY CAN'T SUE

URL: http://www.hollywoodreporter.com/thr-esq/picture-monkey-see-monkey-cant-852831
A federal judge rules that monkeys don't have the standing to file a copyright lawsuit over a
selfie.
NO COPYRIGHTS FOR CRITTERS SAYS JUDGE

URL: http://illusionofmore.com/no-copyrights-for-critters-says-judge/
Readers may be astonished, relieved, or understandably apathetic to learn that a federal judge in
California has ruled that a Sulawesi macaque may not sue for copyright infringement. In fact,
Judge William Orrick broadened his ruling to affirm that no … Continue reading →
TELL US WHAT'S WRONG WITH THE DMCA, SAYS US COPYRIGHT OFFICE

via The Register on 1/7/16
URL: http://www.theregister.co.uk/2016/01/07/us_copyright_office_wants_input_on_dmca/
The US Copyright Office is asking the tech industry and members of the public to comment
about the Digital Millennium Copyright Act (DMCA), and in ...
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Joshua L. Simmons
SWITCH TO OPEN SOURCE JAVA LIMITS GOOGLE COPYRIGHT EXPOSURE

via Bloomberg BNA by Tony Dutra on 12/30/15
URL: http://www.bna.com/switch-open-source-n57982065845/
Google Inc.'s decision to move to an open-source platform for support of the Java software
functionalityâ€”key to its Android operating ...
ADULT FILM CO. WANTS COPYRIGHT ROW SENT TO ARBITRATION

via Law360: Media & Entertainment by Caroline Simson on 1/7/16
URL: http://www.law360.com/media/articles/743975
Adult film distributor AMA Multimedia LLC told a Nevada federal judge Wednesday there is no
reason not to force international commercial arbitration in AMA's copyright dispute with a
Spanish web company, as the parties have agreed that the arbitration provision in a previous
agreement is valid.
PLAYWRIGHT WANTS FEES AFTER BEATING 'WHO'S ON FIRST' SUIT

via Law360: Media & Entertainment by Bill Donahue on 1/7/16
After successfully defeating a copyright lawsuit over his use of the famous "Who's on First?"
comedy routine, the playwright behind Broadway play "Hand of God" is claiming he should be
awarded attorneys' fees for a case inconveniently filed "on the eve of the Tony Awards."
JOIN US AT THE COPYRIGHT AND TECHNOLOGY NYC 2016 CONFERENCE ON

JANUARY 19
via CPIP by Devlin Hartline on 1/7/16
URL: http://cpip.gmu.edu/2016/01/07/join-us-at-the-copyright-and-technology-nyc-2016-
conference-on-january-19/
Co-produced by GiantSteps, the Copyright Society, and Musonomics, the Copyright and
Technology NYC 2016 Conference will be held at New York University’s Kimmel Center on
Tuesday, January 19th. CPIP is a proud Media Sponsor of the event.
U.S. COPYRIGHT OFFICE WANTS YOU TO COMMENT ON THE DMCA

URL: http://blogs.findlaw.com/technologist/2016/01/us-copyright-office-i-want-youto-comment-
on-the-dmca.html
Just before 2015 became yesterday's news, the United States Copyright Office issued a statement
of intended plans to open a public study meant to "evaluate the impact and effectiveness of the
- 184 -
safe harbor provisions contained in section 512 of title 17, U.S.C." For those who aren't
copyright law geeks, that's......
HDFURY SUED BY WARNER BROS. FOR PRODUCT THAT COPIES 4K VIDEO

URL: http://blogs.findlaw.com/technologist/2016/01/hdfury-sued-by-warner-bros-for-product-
that-copies-4k-video.html
Another new year, another fresh intellectual property lawsuit to start things off. Warner Bros.
and the creator and license holder of HDCP (Hi-Definition Copyright Protection) software,
Digitial Content Protection, LLC, have jointly sued Chinese outfit Legendsky (dba HDFury)
over allegations that at least one of its devices strips content of......
10TH CIR. TAKES UP ARCHITECTURAL COPYRIGHT FOR FIRST TIME

via FindLaw Writ - Recent Articles by Casey C. Sullivan, Esq. on 1/7/16
URL: http://blogs.findlaw.com/tenth_circuit/2016/01/10th-cir-takes-up-architectural-copyright-
for-first-time.html
A Colorado couple who built a three-bedroom ranch house did not infringe upon the architectural
copyright of a custom home designer, the Tenth Circuit ruled on Tuesday. Savant Home, a
custom home builder, created a model three-bedroom ranch house in Windsor, Colorado. That
house was toured by Ron and......
MAJOR PIRACY GROUP WARNS GAMES MAY BE CRACK-PROOF IN TWO YEARS

via Ars Technica by Kyle Orland on 1/7/16
URL: http://arstechnica.com/gaming/2016/01/major-piracy-groups-warns-games-may-be-crack-
proof-in-two-years/
In the never-ending battle between pirates and game makers, it often seems like the pirates have
the upper hand, releasing DRM-breaking cracks within hours or days of a game's official release.
9TH CIRC. WON'T RETHINK WARNER CLAIM IN $80M 'HOBBIT' ROW

via Intellectual Property Law360 by Matthew Bultman on 1/8/16
Warner Bros. can press forward with its counterclaim in an $80 million copyright suit that says
J.R.R. Tolkien's estate breached an agreement over the rights to “Hobbit” and “Lord of the
Rings” games, after the Ninth Circuit refused Thursday to rehear the matter.
- 185 -
Joshua L. Simmons
2015 LITIGATION TRENDS HIGHLIGHT INCREASED PATENT LITIGATION,

DECREASES IN FILE SHARING CASES
URL: http://www.ipwatchdog.com/2016/01/08/2015-patent-litigation-trends/id=64774/
2015 saw the second-most patent infringement cases brought to court, according to Lex
Machina’s data. A total of 5,830 patent cases were filed, a 15 percent increase over the 5,070
patent cases which were filed during 2014. 2015 still trailed behind 2013 in terms of patent
infringement cases; that year set the high-water mark for patent infringement cases with 6,114
cases filed in that year. The post 2015 litigation trends highlight increased patent litigation,
decreases in file sharing cases...
MONKEY HAS NO RIGHTS TO ITS SELFIE, FEDERAL JUDGE SAYS

via NYT > Media & Advertising by Mike McPhate on 1/8/16
URL: http://www.nytimes.com/2016/01/09/business/media/monkey-has-no-rights-to-its-selfie-
federal-judge-says.html
The judge rejected a copyright claim filed by People for the Ethical Treatment of Animals.
APPLY TO BE A QUALCOMM FELLOW IN PRIVATE LAW AND INTELLECTUAL

PROPERTY!
via New Private Law by Janet Freilich on 1/8/16
URL: http://blogs.harvard.edu/nplblog/2016/01/08/apply-to-be-a-qualcomm-fellow-in-private-
law-and-intellectual-property/
The Project on the Foundations of Private Law at Harvard Law School is seeking applicants for
the Qualcomm Postdoctoral Fellowship in Private Law and Intellectual Property. The
Fellowship is a two-year, residential postdoctoral program specifically designed to identify,
cultivate, and promote promising scholars early in their careers with a primary interest in
intellectual property and its connection with one or more of property, contracts, torts,
commercial law, unjust enrichment, restitution, equity, and remedies. For more information and
application procedures, please visit the Project’s website: here.
ALLEGED CELEBRITY HACKER DENIES COPYRIGHT, ID THEFT CHARGES

via Intellectual Property Law360 by Max Stendahl on 1/8/16
A Bahamas man accused of hacking into celebrities' email accounts and stealing scripts for
upcoming movies and television shows pled not guilty in New York federal court on Friday to
criminal copyright infringement and identity theft charges.
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SEX TOY MAKER WINS INTIMATE IP 'GRUDGE MATCH' AGAINST EX

via Intellectual Property Law360 by Daniel Siegal on 1/8/16
A California federal jury on Thursday handed a sex toy maker and distributor victory in a
copyright dispute with his ex-wife and her rival company over designs for girth-bolstering
products, awarding him $5,000 in a lawsuit one defense attorney called an expensive "grudge
match."
FOX NEWS HEADS TO FAIR USE TRIAL OVER 9/11 PHOTO

Fox News Network will kick off a jury trial in Manhattan on Monday over whether it infringed a
famous — and famously copyrighted — photo of firemen on 9/11 by posting it to a Facebook
page, proceedings that should deeply explore the role of the fair use doctrine in social media.
SPOTIFY SUED BY ANOTHER MUSICIAN FOR COPYRIGHT INFRINGEMENT

via The Verge by Nick Statt on 1/9/16
URL: http://www.theverge.com/2016/1/9/10743032/spotify-lawsuit-copyright-infringement-
music-royalities
Spotify has been slapped with a copyright lawsuit for the second time in two weeks.
Massachusetts-based artist Melissa Ferrick claims Spotify failed to ...
US INTELLECTUAL PROPERTY LAW IN 2016: A PREVIEW

via Intellectual Property Watch by Steven Seidenberg on 1/11/16
URL: http://www.ip-watch.org/2016/01/11/us-intellectual-property-law-in-2016-a-preview/
Familiar intellectual property concerns will continue to vex the United States in the coming year.
The scope of patent-eligible subject matter, the requirements for safe-harbor protections against
copyright infringement, and the registration of disparaging trademarks will be among the top IP
issues to watch in 2016, according to experts.
WE NEED EVERY YOP

URL: http://illusionofmore.com/we-need-every-yop/
As a follow-up to my post from last week discussing the Copyright Office review of Section 512
of the DMCA, I’m going to shift from my usual format of the editorial essay to outright
endorsement of grassroots efforts aimed at …
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Joshua L. Simmons
ORACLE DISCOVERY BID IN $1B GOOGLE IP ROW RIPPED BY JUDGE

via Intellectual Property Law360 by Kurt Orzeck on 1/11/16
A California federal judge on Monday refused Oracle America Inc.’s last-minute request for
17,000 documents from Google Inc.’s privilege log in a $1 billion suit accusing Google of
software copyright infringement, saying the discovery bid was “beyond the pale.”
SUPREME COURT WON'T LOOK AT TRIMMING OF CALIF. ROYALTY ACT

via Intellectual Property Law360 by Beth Winegarner on 1/11/16
The U.S. Supreme Court on Monday preserved a Ninth Circuit decision narrowing California's
Resale Royalty Act to apply only to in-state sales of artwork, refusing to take up an appeal in
three proposed class actions claiming Christie's Inc., Sotheby's Inc. and eBay Inc. owed artists
royalties.
I NEVER SAW DAVID BOWIE PLAY LIVE

URL: http://illusionofmore.com/i-never-saw-david-bowie-play-live/
And I’ve never owned a David Bowie tee-shirt. Or any Bowie merchandise other than his
albums. But like tens of millions around the world, who are today mourning the loss of one of
music’s best loved, most diverse, and most …
STORE OWNERS DROPPED FROM SPORTS PHOTOGS MEMORABILIA SUIT

via Intellectual Property Law360 by David Newhoff on 1/11/16
Professional sports photographers who hit several memorabilia dealers with a copyright suit
alleging they are selling collectibles that use their photographs without permission have agreed
to dismiss claims against the owners of a Wisconsin store, according to court documents filed
Monday.
BLEACHER REPORT ACCUSED OF FLOUTING NFLER PICS' COPYRIGHTS

via Intellectual Property Law360 by Braden Campbell on 1/12/16
Sports blog Bleacher Report was accused of copyright infringement in California federal court
Monday for allegedly publishing pictures of New England Patriots tight end Rob Gronkowski
without permission.
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MIKE HUCKABEE TRIES "RELIGIOUS ASSEMBLY" DEFENSE IN 'EYE OF THE TIGER'

COPYRIGHT SUIT
URL: http://www.hollywoodreporter.com/thr-esq/mike-huckabee-tries-religious-assembly-
855582
The Republican presidential candidate is facing legal action over the choice of music at an event
to celebrate Kentucky clerk Kim Davis.
JAY Z RAPS 'BIG PIMPIN' COPYRIGHT CLAIM IN 2ND CIRC.

via Intellectual Property Law360 by Max Stendahl on 1/13/16
An attorney for Jay Z and the rapper's Roc-A-Fella Records told the Second Circuit on
Wednesday that a music producer had waited too long to file a copyright suit claiming co-
ownership of dozens of songs the label released in 1999 and 2000, including the hit “Big
Pimpin'.”
PIRACY APOLOGISTS’ CONVENIENT LIE — PROFITS FOR HOLLYWOOD PROOF

PIRACY DOESN’T HURT
URL: http://voxindie.org/piracy-apologists-convenient-lie-profits-for-hollywood-proof-piracy-
doesnt-hurt/
Yes Virginia, piracy damages both the film industry and its audience It’s that time of year again,
when the piracy apologists pull out their annual canard that Hollywood’s profits provide proof
that online piracy doesn’t hurt the film industry. That’s the assessment Ernesto made in his
Torrent Freak post, Pirates Fail to Prevent 38 Billion Box Office Record: …the MPAA and other
[…]
THE (POTENTIAL) SOUNDS OF SILENCE

via The Hill by Tom Schatz on 1/13/16
URL: http://thehill.com/blogs/congress-blog/labor/265605-the-potential-sounds-of-silence
The copyright of a song is a property right that is regulated unlike any similar form of
intellectual property. Given the complex and unfair compensation ...
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Joshua L. Simmons
THE GAME OF INTELLECTUAL PROPERTY HIDE AND SEEK: THE IMPORTANCE OF

INDEMNITY CLAUSES FOR IP ...
via Texas Lawyer by Paul Keller & Stephanie Kunz on 1/13/16
URL: http://www.texaslawyer.com/home/id=1202747030687/The-Game-of-Intellectual-
Property-Hide-and-Seek-The-Importance-of-Indemnity-Clauses-for-IP-Licensees
Although with some exceptions, exclusive licenses also grant to the licensee the right to sue for
copyright infringement of the licensed right. In sum, the ...
PEOPLE ACCUSED OF ONLINE PIRACY WIN $450000 FROM WARNER BROS AND
RIGHTSCORP IN CLASS ACTION ...
via IBTimes by Mary-Ann Russon on 1/13/16
URL: http://www.ibtimes.co.uk/people-accused-online-piracy-win-450000-warner-bros-
rightscorp-class-action-lawsuit-1537799
Usually it's the pirates who have to pay the copyright holders, but in a strange twist of fate,
several copyright holders including Warner Bros, together ...
PHOTOGRAPHER SUES MCGRAW-HILL EDUCATION ALLEGING COPYRIGHT

INFRINGEMENT
via PennRecord.com by Carrie Bradon on 1/13/16
URL: http://pennrecord.com/stories/510657058-photographer-sues-mcgraw-hill-education-
alleging-copyright-infringement
George Steinmetz filed a complaint Dec. 14 in the U.S. District Court for the Eastern District of
Pennsylvania against McGraw-Hill Global Education ...
HOLLYWOOD JUST FIRED BACK AT THE PIRATE GROUP THAT LEAKED QUENTIN
TARANTINO'S NEW MOVIE
via Busineess Insider by Rob Price on 1/13/16
URL: http://www.businessinsider.com/hollywood-copyright-alliance-keither-kupferschmid-
calls-pirate-group-hive-cm8-claims-absurd-2016-1
He's the CEO of Copyright Alliance, a non-profit organisation that represents artists' and studios'
copyright interests, and whose members include the ...
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MARVIN GAYE'S FAMILY IS REQUESTING $3.4 MILLION FROM ROBIN THICKE,

PHARRELL AND TI
via ABC News by Sabina Ghebremedhin & Lesley Messer on 1/12/16
URL: http://abcnews.go.com/Entertainment/marvin-gayes-family-requesting-34-million-robin-
thicke/
"The Copyright Act provides that in an action for copyright infringement, the Court may award
'a reasonable attorneys' fee to the prevailing party as ...
STARBUCKS DEFEATS ARTIST IN FRAPPUCCINO COPYRIGHT FLAP

via Reuters by Andrew Chung on 1/12/16
URL: http://www.reuters.com/article/ip-starbucks-copyright-idUSL2N14W2QO20160112
A Starbucks Corp advertising campaign showing colorful lines bursting from the coffee chain's
signature green straws did not rip off the work of a ...
IS COPYRIGHT ENFORCEMENT FINALLY GAINING MOMENTUM IN INDONESIA?

via Managing Intellectual Property on 1/12/16
URL: http://www.managingip.com/Article/3520209/Is-copyright-enforcement-finally-gaining-
momentum-in-Indonesia.html
Indonesia has an unwelcome reputation as a haven for copyright piracy. But Prudence Jahja and
Andrew Diamond say recent initiatives promise to ...
ORLANDO BAR ORDER TO PAY $30K IN COPYRIGHT CASE

via Courthouse News Service by Eva Fedderly on 1/11/16
URL: http://www.courthousenews.com/2016/01/11/orlando-bar-order-to-pay-30k-in-copyright-
case.htm
BMI and several music industry co-plaintiffs sued the Orlando's Bloodhound Brew in Oct. 2014,
claiming the club infringed on the copyrights for several ...
SPOTIFY FACES SECOND MULTI-MILLION MECHANICAL ROYALTIES LAWSUIT

via CMU by Chris Cooke on 1/11/16
URL: http://www.completemusicupdate.com/article/spotify-faces-second-multi-million-
mechanical-royalties-lawsuit/
In the absence of direct licences with Lowery and Ferrick or their reps, that constitutes copyright
infringement, which is what both lawsuits are alleging.
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Joshua L. Simmons
A LOOK AT THE MARRAKESH TREATY RATIFICATION IN BRAZIL

via Intellectual Property Watch on 1/14/16
URL: http://www.ip-watch.org/2016/01/14/a-look-at-the-marrakesh-treaty-ratification-in-brazil/
The Marrakesh Treaty, first of its kind, will enter into force three months after the deposit of the
instruments of ratification or accession by 20 eligible countries. So far, thirteen have done so.
Brazil, which was one of the main proponents and negotiators, deposited its ratification of the
treaty on December 11, 2015, after the yearlong internal legislative process. The key question we
are trying to face here is how the ratification of this treaty may impact Brazilian copyright
legislation and the interpretation of the limitations.
SORRY NOT SORRY

via Copyright Alliance by Keith Kupferschmid on 1/12/16
URL: https://copyrightalliance.org/2016/01/sorry_not_sorry
Last month, Hive-CM8, the so-called piracy release group, announced plans to leak an
unprecedented 40 new films online – many of them high-quality “screeners” of movies
contending for various awards. The group made good on their threat, releasing about half of the
stolen films, including “Creed,” “Spectre,” “Steve Jobs,” and “The Hateful Eight.” The last of
these films was released by the group one week before its scheduled premiere in theaters.
Language Undefined
IP IN ACTION: INNOVATORS AND TECH POLICYMAKERS CONVERGE AT CES

via Global Intellectual Property Center by Matt Harakal on 1/14/16
URL: http://www.theglobalipcenter.com/ip-in-action-innovators-and-tech-policymakers-
converge-at-ces/
Recently, GIPC joined over 170,000 people from around the world in Las Vegas to take in some
of the incredible new innovations and technologies on display at the annual Consumer
Electronics Show (CES).
JUDGE ALLOWS GRAFFITI ARTIST'S LAWSUIT OVER KATY PERRY'S MET GALA
DRESS
URL: http://www.hollywoodreporter.com/thr-esq/judge-allows-graffiti-artists-lawsuit-855973
The renowned street artist known as "Rime" wins the right to pursue a well-known fashion
designer for ripping off his mural.
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FOX SEEKS $550K FEES FOR FAILED 'NEW GIRL' COPYRIGHT SUIT
After successfully defeating a copyright lawsuit over the genesis of sitcom “New Girl,” Fox
Broadcasting Co. said Wednesday in California federal court it should be awarded about
$550,000 in attorneys' fees, saying there was no factual basis for the claims.
ON PIRACY AND PROMOTION

URL: http://illusionofmore.com/on-piracy-and-promotion/
Charlie: Dad, how can you hate The Colonel? Stuart (Scottish accent): Because he puts an
addictive chemical in his chicken that makes you crave it fortnightly, Smart Ass! – So I Married
an Axe Murderer (1993) – As mentioned in …
ENDLESS WHACK-A-MOLE: WHY NOTICE-AND-STAYDOWN JUST MAKES SENSE

URL: http://cpip.gmu.edu/2016/01/14/endless-whack-a-mole-why-notice-and-staydown-just-
makes-sense/
Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood
Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times
since its initial theatrical release on Christmas Day.”
NETFLIX TO BLOCK TOOLS THAT FLOUT LOCAL COPYRIGHT RESTRICTIONS

via Bloomberg Business by Lucas Shaw on 1/14/16
URL: http://www.bloomberg.com/news/articles/2016-01-15/netflix-to-block-tools-that-flout-
local-copyright-restrictions
Netflix Inc. will step up its efforts to block subscribers from watching TV shows and movies not
available on the streaming service in their home country, ...
COPYRIGHT CLAIM AGAINST STARBUCKS CAMPAIGN DISMISSED

via Bloomberg BNA by Anandashankar Mazumdar on 1/13/16
URL: http://www.bna.com/copyright-claim-against-n57982066255/
Starbucks cannot be subject to a claim of copyright infringement just because its recent
Frappuccino advertising campaign used colored ...
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Joshua L. Simmons
HIGH COURT TO WEIGH RESELLER'S FEE BID IN COPYRIGHT CASE

via Intellectual Property Law360 by Vin Gurrieri on 1/15/16
The U.S. Supreme Court agreed Friday to hear a Thai college student’s appeal seeking to win
attorneys’ fees after beating claims he imported and illegally sold foreign edition textbooks
online via the auction site eBay, marking the second go-around for the case before the high court.
TWITTER SUED FOR COPYRIGHT INFRINGEMENT & FOR IGNORING DMCA

TAKEDOWN REQUESTS
via Adland on 1/14/16
URL: http://adland.tv/adnews/twitter-sued-copyright-infringement/509951055
The recent rumblings about the Twitter copyright Infringement Report feature, and possibly
overzealous removals of tweets such as Jim Edwards screendumped graphs on copyright ground
have signalled a change in the platforms treatment of copyrights.
2ND CIRC. TOSSES IP SUIT OVER 50 CENT SONG

The Second Circuit on Friday upheld a lower court’s dismissal of a copyright infringement suit
brought by a rapper claiming he held the exclusive rights for the looped beat underlying 50
Cent's hit song "I Get Money,” ruling that the claims were time-barred.
BERNIE SANDERS LAWYERS TO WIKIPEDIA: TAKE DOWN OUR LOGO, YOU’RE

VIOLATING DMCA [UPDATED]
URL: http://arstechnica.com/tech-policy/2016/01/bernie-sanders-campaign-sends-dmca-notice-
to-wikipedia-over-logos/
A lawyer representing Democratic presidential candidate Bernie Sanders has demanded that
several of the campaign's logos be removed from Wikipedia, saying that reproducing the logos
violate copyright law.
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COURT: COPYRIGHT CLAIM AGAINST RAPPER 50 CENT MUST BE TOSSED

via ABC News on 1/15/16
URL: http://abcnews.go.com/Entertainment/wireStory/court-copyright-claim-rapper-50-cent-
tossed-36324641
An appeals court says it agrees with a judge who rejected a New York copyright lawsuit against
rapper 50 Cent on the grounds it was filed too late.
MONSTER BEVERAGE CORP. SETTLES COPYRIGHT…

via ABA Journal by Martha Neil on 1/15/16
URL:
http://www.abajournal.com/news/article/monster_settles_copyright_cases_over_beastie_boys_tu
nes
Monster Beverage Corp. has settled on undisclosed terms two related lawsuits that accused the
company of using without permission excerpts from ...
NETFLIX BOUND BY COPYRIGHT RULES, CONTRACTS WITH STUDIOS

via CBC News by Jillian Bell on 1/15/16
URL: http://www.cbc.ca/news/business/canadian-netflix-copyright-law-1.3406074
So what if Canadian Netflix doesn't have 30 Rock? If you're like many Canucks,you haven't let
being north of the U.S. border stop you from watching ...
BEASTIE BOYS, MONSTER SETTLE COPYRIGHT LAWSUIT

via Reuters by Jonathan Stempel on 1/15/16
URL: http://www.reuters.com/article/us-monster-beverage-beastieboys-idUSKCN0UT27D
They fought for their copyright. And now they have settled. Beastie Boys have resolved their
lawsuit accusing Monster Beverage Corp of using ...
US SUPREME COURT TO HEAR CUOZZO AND KIRTSAENG CASES

via Managing Intellectual Property by Michael Loney on 1/15/16
URL: http://www.managingip.com/Blog/3521537/US-Supreme-Court-to-hear-Cuozzo-and-
Kirtsaeng-cases.html
The petition noted that Section 505 of the Copyright Act provides that a "court may … award a
reasonable attorney's fee to the prevailing party" in a ...
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Joshua L. Simmons
TECH GIANTS CALL FOR COPYRIGHT LAW OVERHAUL

via The Austrailian
URL: http://www.theaustralian.com.au/business/tech-giants-call-for-copyright-law-
overhaul/news-story/7489b59bb0b4ed1a1ca5b6076d626ae2
Underscoring the focus on copyright policy, Australia's biggest telecommunications companies

have also agreed to a controversial “three strikes” ...
NOTICE-AND-STAYDOWN AND GOOGLE SEARCH: THE WHACK-A-MOLE PROBLEM

CONTINUES UNABATED
URL: http://cpip.gmu.edu/2016/01/17/notice-and-staydown-and-google-search-the-whack-a-
mole-problem-continues-unabated/
After my last post discussing the necessity for notice-and-staydown to help copyright owners
with the never-ending game of whack-a-mole under the DMCA, I was asked to clarify how this
would work for Google Search in particular.
COPYRIGHT OFFICE, MASON LAW SCHOOL ANNOUNCE ACADEMIC PARTNERSHIP

via IPWatchdog.com | Patents & Patent Law on 1/18/16
URL: http://www.ipwatchdog.com/2016/01/18/copyright-office-mason-law-academic-
partnership/id=65071/
The United States Copyright Office and George Mason University School of Law announced last
Friday that they have formed an academic partnership, working through Mason Law’s recently-
launched Arts & Entertainment Advocacy Clinic, directed by Professor Sandra Aistars.
SUPREME COURT TAKES UP COPYRIGHT CASE OVER RESOLD TEXTBOOKS—

AGAIN
URL: http://arstechnica.com/tech-policy/2016/01/supreme-court-takes-up-copyright-case-over-
resold-textbooks-again/
Supap Kirtsaeng built himself a business on eBay buying textbooks in Asia and reselling them to
students in the US.
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JUSTICES ASKED TO REJECT COPYRIGHTS ON CHEERLEADER UNIFORMS

A Missouri company is urging the U.S. Supreme Court to overturn a ruling that cheerleading
uniforms can be copyrighted, saying Congress never intended garments to be protected by
copyrights.
PANELS LOOK AT IP CONSIDERATIONS IN REPRESENTING CREATIVE TALENT

via Intellectual Property Watch by William New on 1/19/16
URL: http://www.ip-watch.org/2016/01/19/panels-look-at-ip-considerations-in-representing-
creative-talent/
At a conference of hundreds of performers and agents in a hotel perched on Times Square this
week, panellists told some interesting stories about intellectual property rights and protecting –
or failing to protect - creations and performances.
COPYRIGHT IS NOTHING TO JOKE ABOUT

via Intellectual Property, Patent, Trademark & Copyright News by Dylan J. Price on 1/19/16
URL: http://www.natlawreview.com/article/copyright-nothing-to-joke-about
Last summer, comedian Robert Kaseberg filed a copyright infringement suit against Conan
O’Brien, among others, alleging that O’Brien incorporated four jokes written by Kaseberg in the
opening monologues of his television show “Conan.” According to the complaint, Kaseberg
published each of the jokes – all of which were based on then-current events and news stories –
on his personal blog and Twitter feed on various dates between January and June, 2015, only to
have O’Brien feature the same jokes in his monologues on the same respective da
MUSIC ON THE CAMPAIGN TRAIL

URL: http://illusionofmore.com/music-on-the-campaign-trail/
In the Fall of 1977, just weeks before gay rights activist Harvey Milk won a seat on the San
Francisco Board of Supervisors, the English rock band Queen released the album News of the
World. The LP included a short, …
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Joshua L. Simmons
ARE BOTTING PROGRAMS A FORM OF COPYRIGHT INFRINGEMENT?

via IPLJ by Joshua Brandman on 1/19/16
URL: http://www.fordhamiplj.org/2016/01/19/are-botting-programs-a-form-of-copyright-
infringement/
Online gaming continues to grow in popularity as technology keeps improving and game
developers continue to innovate.
DOES THE NINTH CIRCUIT’S “DANCING BABY” DECISION MEAN ANYTHING FOR
FAIR USE UNDER THE DMCA’S ANTICIRCUMVENTION RULES?
via Info/Law by Tim Armstrong on 1/19/16
URL: http://blogs.harvard.edu/infolaw/2016/01/19/does-the-ninth-circuits-dancing-baby-
decision-mean-anything-for-fair-use-under-the-dmcas-anticircumvention-rules/
Last fall, in Lenz v. Universal Music Corp., the Ninth Circuit ruled that copyright owners are
required to have a procedure (even if it is mostly an automated, computer-implemented
procedure) in place to consider whether someone else’s use of the copyright owner’s work online
is legally protected under the fair use doctrine prior to sending a takedown notice to the site
where the work has been posted.
SUPREME COURT TO EXAMINE FEE AWARDS IN COPYRIGHT CASES

URL: http://www.reuters.com/article/ip-copyright-fees-idUSL2N1532V1
The U.S. Supreme Court has agreed to review how lower courts award attorneys' fees in
copyright infringement cases, taking up a Thai bookseller's ...
UK CAN FINALLY 'LEGALISE HOME TAPING' WITHOUT BRINGING IN DAFT NEW

TAX
via The Register by Andrew Orlowski on 1/19/16
URL:
http://www.theregister.co.uk/2016/01/19/copyright_levy_alternative_legally_compliant_cjeu/
EU governments don't have to impose a levy on blank media to compensate copyright holders
for losses from private copies, the European Court of ...
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FOX SAYS 'EMPIRE' DIDN'T RIP OFF PIMP'S MEMOIRS

Fox and the creators and star of its hit series "Empire" on Tuesday urged a California federal
judge to dismiss a self-described “gangsta pimp's” $10 million suit alleging the show infringes
his memoir and documentary, arguing the two stories are clearly distinct.
EX-VILLAGE PEOPLE STAR MISSED BOAT ON ROYALTIES, JUDGE SAYS

A California federal judge on Tuesday tossed a $6 million copyright suit in which a former lead
singer of disco group The Village People sought royalties from a French music publisher for live
performances and allegedly fraudulent claims of co-authorship.
LAW REVISION TO CRACK DOWN ON COPYRIGHT INFRINGEMENT

via The Japan News on 1/20/16
URL: http://the-japan-news.com/news/article/0002694605
The Yomiuri Shimbun The government has decided to allow for prosecution of copyright
infringement without the need for a formal complaint from the ...
IN RE TAM: COPYRIGHT IS NOT A GOVERNMENT SUBSIDY

URL: http://www.copyhype.com/2016/01/in-re-tam-copyright-is-not-a-government-subsidy/
In recent years, there have been some attempts to characterize copyright as a government
subsidy.
GOING DARK: YOUTUBE’S YOUTUBE RED POLICIES MAY BE FORCING CHANNELS

TO PULL CONTENT
via IPLJ by Jose Santana on 1/20/16
URL: http://www.fordhamiplj.org/2016/01/20/going-dark-youtubes-youtube-red-policies-may-
be-forcing-channels-to-pull-content/
YouTube’s new subscription based service, YouTube Red, just rolled out recently on October
28, 2015.
SIRIUS CAN'T HALT PRE-1972 CASE AS 9TH CIRC. CONSIDERS PANDORA
- 199 -
Joshua L. Simmons

A California federal judge refused Wednesday to freeze a California class action in which rock
band The Turtles are seeking royalty payments from Sirius XM Radio Inc. for thousands of pre-
1972 recording artists as the Ninth Circuit considers a related case.
JUSTICES SET TO CLEAN UP ATTYS' FEES IN COPYRIGHT CASES

The U.S. Supreme Court is set to offer clear guidance on exactly when courts should award
attorneys' fees to successful copyright litigants — a frequently litigated question that has divided
circuit courts in the 20 years since the justices last tried to set them straight.
HULK HOGAN, GAWKER NUDGED TO MEDIATE $100M SEX TAPE ROW

via Intellectual Property Law360 by Jeff Zalesin on 1/21/16
Hulk Hogan’s $100 million lawsuit against Gawker Media LLC over the publication and
coverage of a sex tape should go back to mediation after the lawyers in the case get a chance to
watch unredacted versions of DVDs provided by the FBI, a Florida state judge said on
Wednesday.
GOOGLE ORDERED TO TURN OVER DEAL INFO IN ORACLE IP SUIT

A California federal judge on Wednesday partially granted a pretrial discovery request jointly
submitted by Google and Oracle in a long-running suit alleging the search giant's Android
operating system infringes copyrighted Java code, ordering Google to turn over certain details of
search agreements with providers of non-Android mobile platforms.
DON’T RELY ON YOUR PARENTS TO DO YOUR DMCA WORK

via Intellectual Property, Patent, Trademark & Copyright News by Beth A. Seals on 1/21/16
URL: http://www.natlawreview.com/article/don-t-rely-your-parents-to-do-your-dmca-work
Do you remember hearing the phrase “don’t rely on your parents to do your dirty work”? The
district judge in a recent DMCA case may have had this principle in mind when he held that a
website owner could not rely on its parent company’s DMCA agent designation to shield itself
from a copyright infringement claim.
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RUSSIAN FILMMAKER SEES PIRACY AS PATH TO OBSCURITY

URL: http://illusionofmore.com/russian-filmmaker-sees-piracy-as-path-to-obscurity/
With few exceptions, a short film has almost no market value today. Certainly, a short can be
the occasional prelude to work that might have market value—either as a calling card for the
filmmaker or as a “proof-of-concept” draft for …
SUPREME COURT ASKED TO REVIEW BATMOBILE COPYRIGHT DISPUTE

URL: http://www.hollywoodreporter.com/thr-esq/supreme-court-asked-review-batmobile-
858268
A mechanic warns the justices about the danger of letting a legal decision in favor of Warner
Bros. stand.
BAIUL SAYS COPYRIGHT NOT AT ISSUE IN NBC CONTRACT FIGHT

via Intellectual Property Law360 by Hannah Sheehan on 1/22/16
Olympic gold medalist and champion figure skater Oksana Baiul asked a New York federal
judge Wednesday to remand her breach of contract suit against NBC Sports over royalties from a
1994 television special back to state court, saying the federal court lacks jurisdiction.
CBC V SODRAC: MY TALK ON TECHNOLOGICAL NEUTRALITY AND COPYRIGHT

via Barry Sookman by Barry Sookman on 1/22/16
URL: http://www.barrysookman.com/2016/01/22/cbc-v-sodrac-my-talk-on-technological-
neutrality-and-copyright/
I had the pleasure of speaking yesterday at the Law Society of Upper Canada 20th Annual IP
Law: The Year in Review. I spoke on the topic of Copyright and Technological Neutrality: CBC
v SODRAC. My slides are shown below.
PENGUIN RANDOM HOUSE EBOOKS NOW LICENSED FOR PERPETUAL ACCESS

via American Libraries Magazine by Robert C. Maier on 1/20/16
URL: http://americanlibrariesmagazine.org/blogs/e-content/penguin-random-house-ebooks-now-
licensed-perpetual-access/
As of January 1, all Penguin Random House ebooks are now licensed to libraries under the terms
previously offered by Random House.
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Joshua L. Simmons
ENDLESS WHACK-A-MOLE: WHY NOTICE-AND-STAYDOWN JUST MAKES SENSE

via Law Theories by Devlin Hartline on 1/14/16
URL: http://lawtheories.com/?p=2400
Producer Richard Gladstein knows all about piracy. As he recently wrote for The Hollywood
Reporter, his latest film, The Hateful Eight, was “viewed illegally in excess of 1.3 million times
since its initial theatrical release on Christmas Day.”
PHOTOGRAPHER SUES TWITTER FOR NOT REMOVING PHOTOS DESPITE DMCA

REQUESTS
via PetaPixel by Michael Zhang on 1/16/16
URL: http://petapixel.com/2016/01/16/photographer-sues-twitter-for-not-removing-photos-
despite-dmca-requests/
A photographer has launched a copyright infringement lawsuit against Twitter, claiming that the
social media company failed to remove a photo of hers that was posted without permission, and
even after she sent multiple DMCA takedown requests to have the posts deleted.
NO, PIRACY IS NOT THE SINCEREST FORM OF FLATTERY

via HuffPost Business by Robert D. Atkinson, Ph.D. on 1/14/16
URL: http://www.huffingtonpost.com/robert-d-atkinson-phd/no-piracy-is-not-the-
sincerest_b_8980402.html
During the holidays, the piracy-tracking firm Excipio released its annual list of the most-pirated
films of 2015, showing that the number of illegal downloads from peer-to-peer networks had
dramatically increased in the preceding year.
SECOND CIRCUIT DENIES FILM DIRECTOR COPYRIGHT INTEREST

via IPLJ by Rachelle Polsky on 1/22/16
URL: http://www.fordhamiplj.org/2016/01/22/second-circuit-denies-film-director-copyright-
interest/
This past June, the United States Court of Appeals for the Second Circuit decided a case with
significant importance for the film industry.
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BATMOBILE MAKER ASKS HIGH COURT TO REVIEW COPYRIGHT CLAIM

via Intellectual Property Law360 by Bonnie Eslinger on 1/22/16
A California mechanic who makes Batmobile replicas asked the U.S. Supreme Court on Friday
to review a Ninth Circuit determination that his vehicles infringed upon DC Comics’ property
rights, arguing automobiles and other “useful items” are not copyrightable.
50 CENT WINS IN COPYRIGHT INFRINGEMENT CASE AT THE SECOND CIRCUIT

via FindLaw Writ - Recent Articles by Jonathan R. Tung, Esq. on 1/22/16
URL: http://blogs.findlaw.com/second_circuit/2016/01/50-cent-wins-in-copyright-infringement-
case-second-circuit-1.html
The rapper 50 Cent was given a victory in court by the Second Circuit's Court of Appeals by
tossing out the copyright suit "Young Caliber" brought against him. But rather than something as
complex as a debate over exclusive or non-exclusive use of copyright, it turns out that the
plaintiff's......
CZECH PIRATE PARTY BEING PROSECUTED OVER WEB LINKS

via Prague Post by Raymond Johnston on 1/22/16
URL: http://www.praguepost.com/czech-news/51650-czech-pirate-party-being-prosecuted-over-
web-links
The police are pursuing charges against the Czech Pirate Party because of its operation of a
website that has weblinks to copyrighted television ...
LATEST VILLAGE PEOPLE SONG SPAT DISMISSED

via Courthouse News Service by Bianca Bruno on 1/22/16
URL: http://www.courthousenews.com/2016/01/22/latest-village-people-song-spat-
dismissed.htm
A federal judge this week dismissed with leave to amend copyright claims to 24 songs brought
by an original member of camp ...
REPORT: GOOGLE PAID APPLE $1 BILLION FOR IOS SEARCH PRIVILEGE

via Black Enterprise by Samara Lynn on 1/24/16
URL: http://www.blackenterprise.com/news/google-paid-apple-1-billion-for-ios-search-
privilege-report/
Oracle, however, views the matter as one specifically of copyright infringement. Even courts
have been inconsistent on the issue, with a ruling first in ...
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Joshua L. Simmons
SUPREME COURT ASKED TO CONSIDER BATMOBILE COPYRIGHT CASE

via Comic Book Resources by Kevin Melrose on 1/22/16
URL: http://robot6.comicbookresources.com/2016/01/supreme-court-asked-to-consider-
batmobile-copyright-case/
In his petition to the Supreme Court, Towle insists that the U.S. Copyright Office states outright
that automobiles aren't copyrightable, and that the Ninth ...
DYLAN THOMAS COPYRIGHT CLAIMS THROWN OUT BY IRISH COURT

via The Guardian by Henry McDonald on 1/22/16
URL: http://www.theguardian.com/books/2016/jan/22/dylan-thomas-copyright-claims-thrown-
out-irish-court-photographs
An Irish court has thrown out a case taken against the Welsh government over an alleged breach
of copyright in relation to photographs of poet Dylan ...
ORACLE BLURTS GOOGLE'S ANDROID SECRETS IN COURT: YOU MADE $22BN

USING JAVA, PUNK
via The Register by Chris Williams on 1/21/16
URL: http://www.theregister.co.uk/2016/01/21/oracle_java_google_spat_latest/
Oracle is in the middle of suing Google for copyright infringement, accusing the search kingpin
of ripping off the Java language APIs in Android. Oracle ...
GOOGLE PAID APPLE $1 BILLION TO KEEP SEARCH BAR ON IPHONE

via Bloomberg Business by Joel Rosenblatt on 1/21/16
URL: http://www.bloomberg.com/news/articles/2016-01-22/google-paid-apple-1-billion-to-
keep-search-bar-on-iphone
s copyright lawsuit against Google. The search engine giant has an agreement with Apple that
gives the iPhone maker a percentage of the revenue ...
KARAOKE CRASHERS: GROUP SAYS BAR VIOLATED US COPYRIGHT LAW

via ABC News by Bill Draper on 1/21/16
URL: http://abcnews.go.com/Entertainment/wireStory/karaoke-crashers-group-bar-violated-us-
copyright-law-36434897
Refrain, karaoke lovers, from swooning the bar crowd with tales of discovering your hometown
angel is a centerfold. A national songwriters' ...
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PLAYBOY SUING TWO CANADIAN WEB PUBLICATIONS OVER KATE MOSS NUDE
SPREAD
via 570 News by Colin Perkel on 1/21/16
URL: http://www.570news.com/2016/01/21/playboy-suing-two-canadian-web-publications-
over-kate-moss-nude-spread/
The copyright suit against Toronto-based Contempo Media and Montreal's Indecent Xposure
seeks up to $50,000 in damages from each outlet.
COPYRIGHT SUITS TARGET 'JOHN DOE' DEFENDANTS

via Chicago Daily Law Bulletin by Roy Strom on 1/21/16
URL: http://www.chicagolawbulletin.com/copyright-01-21-16.aspx
There were 439 copyright lawsuits filed in the U.S. District Court for the ... defendants —
through their IP addresses — of stealing copyrighted movies ...
ASCAP SUES KC BAR AND GRILL FOR COPYRIGHT INFRINGEMENT

via Kansas City Business Journal by James Dornbrook on 1/21/16
URL: http://www.bizjournals.com/kansascity/news/2016/01/21/ascap-copyright-infringement-
lawsuit-tanners.html
The American Society of Composers, Authors and Publishers (ASCAP) filed nine separate
copyright infringement lawsuits against bars and ...
DYLAN THOMAS PHOTOS COPYRIGHT CASE DISMISSED IN DUBLIN

via BBC on 1/21/16
URL: http://www.bbc.com/news/uk-wales-35372647
A breach of copyright claim against the Welsh government over photographs used of Dylan
Thomas in a tourism drive has been thrown out by a court ...
COPYRIGHT ROYALTIES FOR STREAMING MUSIC TO INCREASE

via Lexology by Carl M. Davis II on 1/20/16
URL: http://www.lexology.com/library/detail.aspx?g=fa06697b-2ee0-4656-9a77-35086664d800
On December 16 2015 the Copyright Royalty Board (CRB) ordered ... music providers for
payments to copyright holders, musicians and composers for ...
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Joshua L. Simmons
INDUSTRY VOICES STICK TO PLAYBOOK TALKING DMCA

URL: http://illusionofmore.com/industry-voices-stick-to-playbook-talking-dmca/
Remember when I posted A Guide to Critiquing Copyright in the Digital Age? Quite a few
people read it and seemed to enjoy it, which is cool. And most recently, it seems that Joshua
Lamel, executive director at Re:Create, wrote …
9TH CIRC. WON'T REHEAR YOGA POSE COPYRIGHT RULING

The Ninth Circuit on Monday decided not to rehear a case over whether Bikram Choudhury’s
yoga poses are copyrightable, knocking down the yoga guru’s bid to revive copyright claims he
and his yoga college brought against a studio run by his former students.
RIMINI FIGHTS ORACLE'S EFFORT TO HIKE $56.2M FEES, COSTS

via Intellectual Property Law360 by Kevin Penton on 1/26/16
Rimini Street Inc. and its chief executive officer challenged on Monday an additional $1.9
million in costs and attorneys’ fees that Oracle is seeking after a Nevada federal jury awarded it
$50 million in copyright infringement damages in October, deeming its total fees and costs
request of about $58.2 million to be “outrageous.”
GOOGLE ASKS COURT TO NIX MISS. AG'S TRIAL BID IN PIRACY ROW
Google told a Mississippi federal court Monday to nix Mississippi Attorney General Jim Hood’s
request that a jury hear the tech giant’s suit that attempts to block a probe into whether it enables
the online sale of illegal drugs and pirated movies, saying the case does not warrant a jury trial.
RECORD LABELS ACCUSE MP3TUNES FOUNDER OF SEPARATING FROM WIFE TO

HIDE ASSETS
URL: http://www.hollywoodreporter.com/thr-esq/record-labels-accuse-mp3tunes-founder-
859527
Michael Robertson is facing a $15.8 million judgment for infringing song copyrights.
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MONKEY SELFIE SUIT IS NOT ALL MONKEY BUSINESS.

URL: http://illusionofmore.com/monkey-selfie-suit-monkey-business/
A couple weeks ago, I scorned the righteously flamboyant PETA for trying to sue a British
photographer named David Slater for copyright infringement on behalf of an Indonesian
macaque whom the animal rights group calls “Naruto”. I mocked this monkey-pre-trial …
RUTH VITALE – WITHOUT COPYRIGHT…WE CANNOT BE CREATIVE AND

INNOVATIVE.
URL: http://voxindie.org/ruth-vitale-copyright-innovation-ensures-creative-future/
An interview worth listening to: Ruth Vitale, CEO of Creative Future, talked about technology
and innovation in the film industry during a recent radio interview with journalist John
Hockenberry for the public radio morning show The Takeaway on WNYC and PRI. Creative
Future promotes the value of creativity in today’s digital age and during the interview Vitale
explains the ties that bind […]
PROTECTING GLOBAL IP RIGHTS IS AN ECONOMIC IMPERATIVE

via Real Clear Markets by Randolph May & Seth Cooper on 1/27/16
URL:
http://www.realclearmarkets.com/articles/2016/01/27/protecting_global_ip_rights_is_an_econo
mic_imperative_101975.html
As we explain in our recent book, The Constitutional Foundations of Intellectual Property,

America's Founders regarded copyright and patent rights as ...
COPYRIGHT IS UNDER ATTACK FOR PHOTOGRAPHERS IN SERBIA

via PetaPixel by Michael Zhang on 1/26/16
URL: http://petapixel.com/2016/01/26/copyright-is-under-attack-for-photographers-in-serbia/
Photographers in Serbia are protesting and raising awareness this week in response to a new
proposal in parliament that threatens the basic ...
RUSSIAN TORRENTS WEBSITE STRIPS COPYRIGHT HOLDERS OF THEIR RIGHTS

via The Moscow Times on 1/26/16
URL: http://www.themoscowtimes.com/article/556924.html
Rutracker.org, the world's largest Russian-language torrents website, has deprived copyright
holders of the ability to delete illegal downloads, the ...
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Joshua L. Simmons
SUPREME COURT ASKED TO OVERTURN BATMOBILE RULING

URL: http://www.bna.com/supreme-court-asked-n57982066533/
A federal appeals court erred in ruling that the Batmobile was a literary character protectable
under federal copyright law, according to a ...
SERBIAN PHOTOJOURNALISTS APPEAL AGAINST THREAT TO COPYRIGHT

via Daily Mail on 1/25/16
URL: http://www.dailymail.co.uk/wires/reuters/article-3416059/Serbian-photojournalists-appeal-
against-threat-copyright.html
Photojournalists in Serbia appealed to lawmakers on Monday to reject a proposal by the ruling

party to define their ...
DAVID BOWIE WAS WRONG ABOUT COPYRIGHT — THANKFULLY

via Washington Post by Robert Gebelhoff on 1/25/16
URL: https://www.washingtonpost.com/news/in-theory/wp/2016/01/25/david-bowie-was-wrong-
about-copyright-thankfully/
We can be thankful that his prophecy did not come true, as copyright laws continue to play an
essential role in our creative economy — and have done ...
URBAN OUTFITTERS INFRINGEMENT VERDICT IS SOUND, 9TH CIRC. TOLD

via Intellectual Property Law360 by Cristina Violante on 1/27/16
Unicolors Inc. urged the Ninth Circuit to uphold a finding that Urban Outfitters Inc. and Century
21 Department Stores LLC infringed a copyrighted fabric design, arguing that it has proven
ownership of the print and that a judge and a jury correctly found the clothing retail chains
clearly copied its work.
BMG SEEKS TO BLOCK ILLEGAL DOWNLOADS AFTER $25M COX VERDICT

Music publisher BMG Rights Management, which recently won a jury verdict ordering Internet
service provider Cox Communications to pay $25 million for turning a blind eye to illegal music
downloads by its subscribers, told a Virginia federal court Tuesday that an injunction is needed
to block further infringement.
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CRIMINAL OR CIVIL LIABILITY FOR SHARING STREAMING ACCOUNTS?

via Intellectual Property, Patent, Trademark & Copyright News by Drew Wilson on 1/27/16
URL: http://www.natlawreview.com/article/criminal-or-civil-liability-sharing-streaming-
accounts
We are at the beginning of a new era of media consumption. Traditional content delivery
systems such as satellite and cable television are hemorrhaging customers to a wave of “cord
cutting” that has been facilitated by the availability of streaming services such as Hulu Plus,
Netflix and HBO Go.[1] Now that smart televisions are becoming more common place, cord
cutting is no longer limited to the technologically hip youth, as accessing a Netflix account is as
easy as changing the channel.
'STAR TREK' FANS TAP WINSTON COPYRIGHT WHIZ TO FIGHT SUIT

Facing a copyright infringement lawsuit from Paramount Pictures and CBS, the producers of an
unauthorized Star Trek spinoff have found themselves a lawyer — and it just so happens to be a
Winston & Strawn LLP partner with lots of experience defending against high-profile copyright
claims. In an interview with Law360, Erin Ranahan talks about her career in copyright law, the
Trek case, and taking it on pro bono.
ORACLE RAISES QUESTIONS ON OPEN-SOURCE LICENSE FOR ANDROID WITH

OPENJDK
via ITworld News by John Ribeiro on 1/26/16
Oracle has raised questions whether a version of Google's Android operating system running
OpenJDK code will at all get an open-source license.
GOOGLE WANTS ORRICK ATTY SANCTIONED FOR REVENUE REVEAL

via Intellectual Property Law360 by Kat Greene on 1/27/16
Google Inc. wants sanctions for Oracle Corp. and its Orrick Herrington & Sutcliffe LLP attorney
Annette Hurst after Hurst revealed in open court protected financial information about the search
giant’s revenue, according to a letter filed in California federal court Wednesday.
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Joshua L. Simmons
AFTER $25 MLN SMACKDOWN, COX STILL INFRINGING COPYRIGHTS, BMG

CLAIMS
URL: http://www.reuters.com/article/ip-copyright-cox-idUSL2N15B3DL
Despite a $25 million rebuke by a federal jury in December for contributing to piracy on its
Internet service, Cox Communications has not learned its ...
STRENGTHEN PROTECTION OF COPYRIGHTS TO SAFEGUARD THE CREATIVE

DRIVE
via Chicago Tribune on 1/27/16
URL: http://www.chicagotribune.com/sns-wp-yomiuri-editorial-trade-dc6a2eaa-c4fc-11e5-a4aa-
f25866ba0dc6-20160127-story.html
Appropriate protection of intellectual property is indispensable for cultural and industrial

development. It is important to change the current system into ...
NEW YORK TIMES SUES PUBLISHER OVER WAR PHOTOS, FAIR USE AT ISSUE
via Fortune by Jeff John Roberts on 1/26/16
URL: http://fortune.com/2016/01/26/new-york-times-copyright/
In a case that raises questions about copyright and free expression, the New York Times is suing
a publisher who used thumbnail reproductions of the ...
POPULAR WEST VALLEY RESTAURANT ACCUSED OF PLAYING COPYRIGHTED

MUSIC WITHOUT PERMISSION
via Tucson News Now by Jason Barry on 1/26/16
URL: http://www.tucsonnewsnow.com/story/31064373/popular-west-valley-restaurant-accused-
of-playing-copyrighted-music-without-permission
The establishment, which is located in the Westgate Entertainment District, is accused of playing
copyrighted songs without permission. A lawsuit has ...
YOGA GURU'S LEGAL WOES MOUNT AS DAMAGES SEEM INDISPUTABLE

via Intellectual Property Law360 by Zachary Zagger on 1/28/16
Bikram Yoga founder Bikram Choudhury's legal woes have mounted this week after a jury
slapped him with $6.4 million in damages for wrongfully firing his legal adviser, just a day after
the Ninth Circuit put an end to an appeal over copyrighting his yoga poses, and experts say he is
unlikely to have it overturned.
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COMMERCE RECOMMENDS AMENDMENTS TO COPYRIGHT ACT STATUTORY

DAMAGES PROVISIONS
via IPWatchdog.com | Patents & Patent Law by Gene Quinn on 1/28/16
URL: http://www.ipwatchdog.com/2016/01/28/commerce-department-recommends-
amendments-to-copyright-act-statutory-damages-provisions/id=65490/
Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes,
First Sale, and Statutory Damages, which recommends amendments to U.S. copyright law that
would provide more guidance and greater flexibility to courts in awarding statutory damages.
However, the Task Force has found insufficient evidence to show that there is a change in
circumstance in the markets or technology that requires action on amending the first sale
doctrine. The post Commerce Recommends...
THE HIGH PRICE OF FREE

via AlistaPart on 1/26/16
URL: http://alistapart.com/article/the-high-price-of-free
Doing business in the web industry has unbelievably low start-up and fixed running costs.
COSPLAY, COPYRIGHT AND FAIR USE

via Cos Puree by Hsing Tseng on 1/21/16
URL: http://www.cospuree.com/2016/01/21/cosplay-copyright-and-fair-use/
Don’t panic, cosplayers. A claim you may have seen on social media, that cosplay is going
before the Supreme Court and could become copyright infringement, isn’t what it seems.
'MONKEY SELFIE' JUDGE DETAILS DECISION TO TOSS COPYRIGHT SUIT

A California federal judge issued a written ruling Friday explaining his decision to toss a lawsuit
engineered by People for the Ethical Treatment of Animals that claimed an ape could sue for
copyright infringement over a famed "monkey selfie."
SPORTS MEMORABILIA SELLER NOT COVERED IN IP ROW, COURT TOLD

via Intellectual Property Law360 by Matthew Perlman on 1/28/16
State Farm told a Wisconsin federal court Wednesday that it shouldn’t have to cover a retailer
accused of selling sports collectibles that use copyrighted photographs without permission
because its policy doesn’t cover copyright infringement.
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Joshua L. Simmons
FEDS PUSH TO REIN IN 'EXCESSIVE' COPYRIGHT DAMAGES

The U.S. Department of Commerce issued a long-awaited report on copyright law Thursday,
pushing for changes to the Copyright Act’s system of statutory damages to avoid “excessive and
inconsistent” awards.
INTERNET POLICY TASK FORCE SEEKS CHANGES TO US COPYRIGHT STATUTORY

DAMAGES LAW
via Intellectual Property Watch by Dugie Standeford on 1/28/16
URL: http://www.ip-watch.org/2016/01/28/internet-policy-task-force-seeks-changes-to-us-
copyright-statutory-damages-law/
The United States Copyright Act should be amended in a “very careful” way to change the way
statutory damages are awarded to successful copyright owners against infringing individuals and
online services, Shira Perlmutter, US Patent and Trademark Office chief policy officer and
international affairs director, said today.
PARTY RAISING “FIRST SALE” DEFENSE TO COPYRIGHT INFRINGEMENT BEARS

INITIAL BURDEN OF PROOF
via Intellectual Property, Patent, Trademark & Copyright News by Elisabeth Morgan on 1/29/16
URL: http://www.natlawreview.com/article/party-raising-first-sale-defense-to-copyright-
infringement-bears-initial-burden
Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to
copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial
burden of proof falls on the party raising the defense and affirmed a district court’s grant of
summary judgment in favor of a software reseller defendant.
MASSACHUSETTS: RELATING A SOFTWARE COPYRIGHT INFRINGEMENT CLAIM

BACK TO ITS SOURCE
via Intellectual Property, Patent, Trademark & Copyright News by Scott Bertulli on 1/29/16
URL: http://www.natlawreview.com/article/massachusetts-relating-software-copyright-
infringement-claim-back-to-its-source
In a recent order, Judge Douglas P. Woodlock of the District of Massachusetts untangled a

complicated timeline to decide motions for summary judgment regarding several copyright
infringement and related claims on a statute of limitations basis. The analysis is instructive to
prospective plaintiffs as to when a complaint should be filed, which potential defendants it
should include, and what level of knowledge provides proper notice of a claim.
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UNDERSTANDING DMCA WITH HELP FROM MICHELLE SHOCKED

URL: http://illusionofmore.com/dmca-with-michelle-shocked/
It is a chronically repeated theme—and therefore a widely held misconception—that the DMCA

is solely a mechanism for rights holders to unilaterally and unequivocally remove content from
the Web “without due process”. In fact, this belief is so deeply ingrained …
GOOD NEWS FOR ARTISTS AS SUPPORT FOR COPYRIGHT SMALLS CLAIMS

PROCESS GROWS
URL: http://voxindie.org/support-for-copyright-smalls-claims-process-grows/
Commerce Department white paper supports creation of copyright small claims process Today
the Department of Commerce Internet Policy Task Force (which includes the USPTO) released
its long anticipated white paper on “Remixes, First Sale, and Statutory Damages–Copyright
Policy, Creativity, and Innovation in the Digital Economy.” Among its findings is support for a
copyright small claims process to adjudicate infringement claims. The […]
REMIXES, MASHUPS DON'T MERIT A COMPULSORY LICENSE, SAYS TASK FORCE

via Billboard by Glenn People on 1/29/16
URL: http://www.billboard.com/articles/business/6859383/remixes-mashups-compulsory-
license-department-of-commerce-task-force
It turned out that few stakeholders advocated either a change to copyright law by adding a
compulsory license or some other exception. But the paper ...
CAMPAIGNS KEEP RUNNING INTO COPYRIGHT TROUBLE OVER MUSIC

URL: http://www.bna.com/campaigns-keep-running-b57982066761/
This isn't the first time that the race for the Republican presidential nomination has prompted
objections from holders of copyrights in musical ...
JUDGE DISMISSES PETA'S 'MONKEY SELFIE' LAWSUIT

via Courthouse News Service by Nicholas Iovino on 1/29/16
URL: http://www.courthousenews.com/2016/01/29/judge-dismisses-petas-monkey-selfie-
lawsuit.htm
Wikimedia, not a party to the lawsuit, has made the photographs available for free online,
claiming that because an animal cannot own copyrights, the ...
- 213 -
Joshua L. Simmons
MASSACHUSETTS: RELATING A SOFTWARE COPYRIGHT INFRINGEMENT CLAIM

BACK TO ITS SOURCE
via National Law Review by Scott Bertulli on 1/29/16
URL: http://www.natlawreview.com/article/massachusetts-relating-software-copyright-
infringement-claim-back-to-its-source
For the copyright infringement claims to be timely and survive summary judgment, they would
have to relate back to the original complaint. (A claim ...
AND THE COPYRIGHT CHANGES KEEP COMING - SAFE HARBOUR, FAIR DEALING
AND MORE
via Lexology by Daniella Phair on 1/29/16
URL: http://www.lexology.com/library/detail.aspx?g=fb177d3d-37e6-4d30-a68c-f43049edc952
If copyright lawyers hadn't already had a busy enough year in 2015 with the introduction of the
Copyright Amendment (Online Infringement) Act 2015, ...
YOUTUBE WINS ANOTHER ROUND IN GERMAN COPYRIGHT TUSSLE

via Fortune by David Meyer on 1/28/16
URL: http://fortune.com/2016/01/28/youtube-german-copyright-tussle/
... and that the man in charge of the EU's upcoming copyright reforms, Günther Oettinger, is
Germany's representative in the European Commission.
COPYRIGHT INFRINGEMENT ISSUES CONCERNING ADAPTATIONS OF COMPUTER

SOFTWARE
via Lexology by Hsiu-Ru Chien & Esther Lin on 1/28/16
URL: http://www.lexology.com/library/detail.aspx?g=d9be6b13-e825-4dac-befa-32561001b078
12 issued by the Intellectual Property Court on December 3, 2015 concerning whether copyrights
have been infringed due to adaptations of computer ...
THE SUPREME COURT'S TAKE ON KIRTSAENG II WILL IMPACT ATTORNEYS' FEES

DECISIONS IN COPYRIGHT MATTERS
via Lexology by Carol Anne Been et al. on 1/28/16
URL: http://www.lexology.com/library/detail.aspx?g=7f41e327-8682-44d1-8674-2f0f4781bd3a
John Wiley & Sons I, a dispute over gray-market copyrighted material ... be liable for copyright
infringement, thereby reversing the Second Circuit Court ...
- 214 -
SOUNDEXCHANGE AUDITS OF DIGITAL MUSIC COMPANIES AND SPORT LEAGUES

AUDITS OF MVPDS ...
URL: http://www.lexology.com/library/detail.aspx?g=745074f5-d624-497e-a1e3-0e057341f764
In the last week, copyright audits have been in the news. Several ... So in all of these cases, the
user of the copyrighted material does not get a bill.
COPYRIGHT OFFICE REQUESTS PUBLIC COMMENTS ON SAFE HARBOUR

via Lexology by Carl M Davis II on 1/27/16
URL: http://www.lexology.com/library/detail.aspx?g=38f3a4ce-d2e4-4d00-bdda-4cb030823df1
The Internet provides a rapid and widespread network for communicating information. This
information may include copyrighted works being copied ...
TRACING COPYRIGHT WARS IN THE INTERNET AGE

via Boston Globe by Hiawatha Bray on 1/28/16
URL: https://www.bostonglobe.com/arts/books/2016/01/27/tracing-copyright-wars-internet-
age/yLRed5946gSmlbpAMpPDeL/story.html
Aaron Swartz wasn't cut out to be a criminal, a realization that came much too late. Swartz,
Internet innovator and political activist, hanged himself in ...
US COMMERCE DEPARTMENT WANTS COURTS TO BE KINDER, GENTLER TO FILE

SHARERS
URL: http://arstechnica.com/tech-policy/2016/01/us-commerce-department-wants-courts-to-be-
kinder-gentler-to-file-sharers/
A US Department of Commerce task force recommended Thursday that Congress alter the
Copyright Act in a bid that likely would reduce financial damages for file sharing copyright
scofflaws.
GOOGLE'S BID TO SANCTION ORRICK ATTY TABLED, WITH WARNING

A California federal judge on Thursday temporarily tabled Google Inc.'s request for sanctions
against Oracle Corp. and an Orrick Herrington & Sutcliffe LLP attorney who allegedly revealed
Google's protected financial information, but the judge warned both sides to obey protective
orders.
- 215 -
Joshua L. Simmons
JUDGE THROWS OUT 'MONKEY SELFIE' CASE

via Law.com - Newswire by Scott Graham on 1/29/16
URL: http://www.law.com/sites/articles/2016/01/29/judge-throws-out-monkey-selfie-case/
The crested macaque Naruto doesn't have standing under the Copyright Act, ruled U.S. District
Judge William Orrick III.
PHOTOG SUES CBS FOR USING CONTROVERSIAL GENO SMITH PICS

A photojournalist sued CBS and one of its website operators on Saturday in New York federal
court, accusing the network of copyright infringement for using his post-injury photographs of
Jets quarterback Geno Smith without permission.
ANTICIPATORY BAIL GRANTED FOR ALLEGED COPYRIGHT VIOLATION CASE

via The New Indian Express on 1/30/16
URL: http://www.newindianexpress.com/states/karnataka/Anticipatory-Bail-Granted-for-
Alleged-Copyright-Violation-Case/2016/01/30/article3253251.ece
A sessions court in the city has granted anticipatory bail to three persons in connection with a
copyright violation case. The accused ...
ALSUP WARNS ORACLE LAWYERS AFTER ANDROID FINANCIALS LEAK

URL: http://www.law.com/sites/articles/2016/01/28/alsup-warns-oracle-lawyers-after-android-
financials-leak/
He won't impose sanctions for statements in open court, but Judge William Alsup said he'll
rethink his decision if more sensitive information is exposed.
WARNER BROS. HORROR PIC 'THE CONJURING' SEES TRUE SHOCKER IN

PRODUCER'S ALL-OUT RIGHTS WAR
URL: http://www.hollywoodreporter.com/thr-esq/warner-bros-horror-pic-conjuring-860542
After feeling ripped off, Tony DeRosa-Grund stalked the studio in court. As this point, the result
is a nightmare.
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SORRY SLACKTIVISTS: THE MAN IS SHREDDING YOUR ROBO RESPONSES

URL: http://www.theregister.co.uk/2016/01/29/slacktivism_robo_responses_shredded/
The EU this week binned thousands of responses to a copyright consultation generated by a

Canadian lobbying group OpenMedia, a groupuscule ...
DOWNLOADED MUSIC CAUSING LEGAL HEADACHE FOR WEDDING PARTIES

via The Japan News on 1/31/16
URL: http://www.the-japan-news.com/news/article/0002697689
Doing so is considered beyond private use of the music and in violation of the Copyright Law.
Since playing music on CDs is permitted at wedding ...
COPYRIGHT INFRINGERS MAY GET RELIEF FROM HUGE MONETARY DEMANDS

via FindLaw News for Legal Professionals by Jonathan R. Tung on 1/29/2016
URL: http://blogs.findlaw.com/technologist/2016/01/copyright-infringers-may-get-relief-from-
huge-monetary-demands.html
The Internet Policy Task Force from the US Dept. of Commerce made a recommendation that
Congress should alter the Copyright Act in such a way to reduce overall money damages in
copyright disputes. The recommendation is not to do away with the $150,000 per violation rule;
however, the changes will......
MISSING METADATA-WHY WON'T BIG TECH USE TECH TO PROTECT COPYRIGHT?

URL: http://voxindie.org/missing-metadata-why-doesnt-big-tech-use-tech-to-protect-copyright/
Respecting and Protecting Embedded Photo Metadata should be a priority The relationship
between the tech industry and content creators off all stripes has long been strained when it
comes to the issue of protecting copyright. Whether it's asking Google to do a better job
excluding search results that lead to pirated content, or demanding [...]
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Joshua L. Simmons
February 2016
RICHARD PRINCE: KING OF APPROPRIATION

via Fordham Intellectual Property, Media & Entertainment Law Journal by Jacqueline Lefebvre
on 2/1/2016
URL: http://www.fordhamiplj.org/2016/02/01/richard-prince-king-appropriation/
Richard Prince has been sued for copyright infringement by photographer Donald Graham who
claims Prince knowingly reproduced a photograph of a Rastafarian, taken by Graham, without
seeking his permission.
Graham filed the complaint in New York federal court on December 30th against Prince,
Gagosian Gallery - where Prince's "New Portraits" exhibition ran between September and
October 2014 - and Larry Gagosian, the gallery owner. Prince's "New Portraits" exhibition
featured 37 inkjet canvas prints of a series of photos Prince pulled from Instagram.
PHOTOG HITS BUZZFEED WITH INFRINGEMENT SUIT OVER SANTANA PIC

via Law360: Intellectual Property by Matthew Bultman on 2/1/2016
Entertainment and social news website BuzzFeed Inc. was hit with a lawsuit Friday in California
federal court by a photographer who says the site used her copyrighted photo of guitarist Carlos
Santana without authorization.
HOW ONLINE PIRACY HURTS EMERGING ARTISTS

via Forbes by Nelson Granados on 2/1/2016
URL: http://www.forbes.com/sites/nelsongranados/2016/02/01/how-online-piracy-hurts-
emerging-artists/#2bc7c98d7fa2
Keith Kupferschmid, CEO of the Copyright Alliance, states: "Piracy arguably hurts independent
creators who are struggling to make it - including ...
2ND CIRC. WON'T REVIEW SANTA SONG COPYRIGHT DISPUTE

via Law360: Intellectual Property by Vin Gurrieri on 2/1/2016
The full Second Circuit on Friday rejected a bid by music publisher EMI to rethink a ruling that
the publisher's rights to the classic holiday song "Santa Claus Is Comin' to Town" expire later
this year, a decision that upheld an appeal by the heirs of songwriter John Frederick Coots.
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SPORTS MEMORABILIA IP CLAIMS AREN'T COVERED, INSURERS SAY

via Law360: Intellectual Property by Zachary Zagger on 2/1/2016
Two insurers have told a Wisconsin federal court that they are not liable to defend sports
memorabilia retailers in a copyright suit brought by two professional sports photographers
alleging the retailers sold collectibles with their photographs without permission, arguing that
their policies only cover copyright in advertising suits.
NORTEL OVERSEAS UNITS CAN'T ESCAPE US SOFTWARE SUIT

via Law360: Intellectual Property by Stewart Bishop on 2/1/2016
A Delaware bankruptcy judge on Monday refused to dismiss foreign units of Nortel Networks
Inc. from a software copyright infringement and breach of contract dispute aimed at the defunct
telecom's U.S. arm, rebuffing arguments that the court lacks jurisdiction.
NBA 2K' VIDEOGAME MAKER SUED FOR COPYRIGHT INFRINGEMENT OVER

LEBRON JAMES' TATTOOS
via THR, Esq. by Eriq Gardner on 2/1/2016
URL: http://www.hollywoodreporter.com/thr-esq/nba-2k-videogame-maker-sued-861131
Take-Two Software is being sued for copyright infringement from a company that demanded
more than $1.1 million for a license to tattoo designs.
LEBRON, KOBE TATTOOS IN VIDEO GAMES TRIGGER N.Y. COPYRIGHT SUIT

via BloombergBusiness by Erik Larson on 2/1/2016
URL: http://www.bloomberg.com/news/articles/2016-02-01/lebron-kobe-tattoos-in-video-
games-trigger-n-y-copyright-suit
Take Two Interactive Software Inc.'s depiction of tattoos on the likes of LeBron James and Kobe
Bryant in its National Basketball Association video ...
2ND CIRC. POISED TO SHIP TURTLES-SIRIUS ROW TO TOP NY COURT

via Law360: Intellectual Property by Pete Brush on 2/2/2016
The Second Circuit appeared set Tuesday to ask New York State's top court for help sorting out a
New York federal judge's "unprecedented" move to grant owners of pre-1972 recordings
exclusive performance rights under state common law in a $100 million proposed class action
brought by The Turtles' corporate shell against Sirius XM.
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Joshua L. Simmons
DEVELOPER SEEKS $10M FOR SOFTWARE COPYRIGHT HE SAYS IS HIS

via Law360: Intellectual Property by Kevin Penton on 2/2/2016
A South Korean native who says he was threatened with losing his legal status if he kept
complaining about having been promised the copyright for a software program he developed
sued the program's owners Monday in California federal court, seeking at least $10 million.
MONKEY SELFIES AND EQUINE PHOTOBOMBING: WHO OWNS ANIMAL

PHOTOGRAPHY?
via The Guardian by Homa Khaleeli on 2/2/2016
URL: http://www.theguardian.com/artanddesign/shortcuts/2016/feb/02/monkey-selfies-and-
equine-photobombing-who-owns-animal-photography
Media organisations argued they could reprint the resulting photographs for free because the
copyright was owned by the monkey, not Slater.
BIKRAM ASKS 9TH CIRC. TO PAUSE COPYRIGHT CASE FOR APPEAL

via Law360: Intellectual Property by Cristina Violante on 2/2/2016
Bikram Choudhury urged the Ninth Circuit on Friday to halt its judgment that the guru's hot
yoga program cannot be copyrighted so he can petition the Supreme Court to hear the case,
saying that the high court should define choreography and address the circuit split in this area of
copyright law.
EXPERTS: TRUMP CAN PLAY ADELE'S SAD SONGS AS MUCH AS HE'D LIKE
via U.S. News by Steven Nelson on 2/2/2016
URL: http://www.usnews.com/news/articles/2016-02-02/experts-trump-can-play-adeles-sad-
songs-as-much-as-hed-like
Experts in copyright law say most venues where Trump holds rallies already have a blanket
performing license, through which event-hosting or ...
AUTHORS, JOURNALISTS ASK JUSTICES TO HEAR GOOGLE BOOKS CASE

via Law360: Intellectual Property by Adam Sege on 2/2/2016
A group representing journalists and authors urged the Supreme Court on Monday to take up a
decade-long legal battle over Google Books, slamming a Second Circuit decision in November
that upheld the legality of Google's book search project.
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JAY Z DODGES A REVIVAL OF 'BIG PIMPIN' COPYRIGHT FIGHT

URL: http://www.hollywoodreporter.com/thr-esq/jay-z-dodges-a-revival-861449
Following up on a trial, a judge dismisses a lawsuit from an Egyptian composer's heir.
NBA 2K16' STUDIO SUED OVER LEBRON JAMES AND KOBE BRYANT'S
COPYRIGHTED TATTOOS
via Forbes by Paul Tassi on 2/2/2016
URL: http://www.forbes.com/sites/insertcoin/2016/02/02/nba-2k16-studio-sued-over-lebron-
james-and-kobe-bryants-copyrighted-tattoos/#617c96396f1e
Take-Two is facing a lawsuit over its NBA 2K series from a company who owns the rights to
tattoo designs that are inked on NBA players and make an ...
JAY Z PUTS 'BIG PIMPIN' IP ROW TO BED WITH MERITS RULING

via Law360: Intellectual Property by Kurt Orzeck on 2/2/2016
Jay Z scored a big win Tuesday when a California federal judge entered a final judgment that a
suit accusing the rapper of copyright infringement with his hit song "Big Pimpin" -- already
tossed for lack of standing -- also failed on the merits.
MALIBU MEDIA TARGET ASKS HIGH COURT FOR 2ND SHOT AT FEES
via Law360: Intellectual Property by Bill Donahue on 2/2/2016
Citing the U.S. Supreme Court's recent decision to take on the issue of fee-shifting under the
Copyright Act, a Florida man who was sued by porn studio Malibu Media LLC is urging the
high court to reconsider his effort to force the studio to pay his legal fees.
JAY Z DODGES A REVIVAL OF 'BIG PIMPIN' SAMPLE BATTLE

via Billboard by Eriq Gardner on 2/2/2016
URL: http://www.billboard.com/articles/news/6865996/jay-z-dodges-big-pimpin-copyright-
revival
Jay Z departs United States District Court after testifying in a copyright ... After almost a decade
in court, Jay Z has finally won dismissal of a copyright ...
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Joshua L. Simmons
SARAH JEONG PITCHES COPYRIGHT CONSPIRACY THRILLER

URL: http://illusionofmore.com/sarah-jeong-pitches-copyright-conspiracy-thriller/
In what sounds like an homage to Tom Clancy, Sarah Jeong, a contributing editor to
Motherboard, presents us with a cautionary action thriller in which the Chinese government
could theoretically disappear one of the most famous and politically significant photographs ...
Continue reading ?
AUTHORS GUILD GETS SUPPORT IN GOOGLE CASE

via Publishers Weekly by Andrew Albanese on 2/3/2016
URL: http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/69314-authors-
guild-gets-support-in-google-case.html
In its brief, lawyers for the Copyright Clearance Center argue that, if left to stand, the Google
decision "will likely spawn myriad other unauthorized, ...
AUTHORS GUILD V GOOGLE: THE FAIR USE STANDARD TRANSFORMED

via Copyright Alliance by Terry Hart on 2/3/2016
URL:
https://copyrightalliance.org/2016/02/authors_guild_v_google_fair_use_standard_transformed
The fair use doctrine has fundamentally transformed in recent years. Over twenty years ago,
Judge Pierre Leval (then a federal judge in the Southern District Court of New York), wrote that
"courts had failed to fashion a set of governing principles or values" for the doctrine of fair use.
Though the Copyright Act provides a set of four factors that courts should consider when
determining whether a particular use of an existing copyrighted work is fair (17 USC § 107),
Leval arguedthat the statute doesn't tell courts how to apply the factors.
ATTACKING THE NOTICE-AND-STAYDOWN STRAW MAN

URL: http://cpip.gmu.edu/2016/02/03/attacking-the-notice-and-staydown-straw-man/
Ever since the U.S. Copyright Office announced its study of the DMCA last December, the
notice-and-staydown issue has become a particularly hot topic. Critics of notice-and-staydown
have turned up the volume, repeating the same vague assertions about freedom, censorship,
innovation, and creativity that routinely pop up whenever someone proposes practical solutions
to curb online infringement. ... Continue reading Attacking the Notice-and-Staydown Straw Man
?
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TAKE-TWO INTERACTIVE ACCUSED OF INFRINGING TATTOOS IN NBA 2K VIDEO

GAMES
URL: http://arstechnica.com/tech-policy/2016/02/take-two-interactive-accused-of-infringing-
tattoos-on-nba2k-video-games/
Lawsuit says game maker rejected licensing demand of $1.1 million.
NBC SAYS COPYRIGHT ACT PREEMPTS BAIUL'S STATE REMAND BID

via Law360: Intellectual Property by Braden Campbell on 2/4/2016
NBCUniversal asked a New York federal court Wednesday not to send its long-running dispute
with Olympic gold medalist Oksana Baiul over royalties from a 1994 TV special back to state
court, claiming the figure skating champion's allegations are state-level window dressing on a
textbook federal copyright case.
SPORTS LEAGUES CHEER ON NETWORKS IN 9TH CIRC. STREAMING SUIT

via Law360: Intellectual Property by Jacob Fischler on 2/4/2016
Top professional baseball, football and golf leagues told the Ninth Circuit on Wednesday that
online streaming services should not qualify for compulsory copyright licenses for broadcast
television content, saying as amici to broadcasters that automatic licensing would upend the
televised sports business.
WHY THE NFL CAN'T CONTROL THE ONLY BROADCAST OF SUPER BOWL I
URL: http://fortune.com/2016/02/04/superbowl-copyright/
Today, anyone who has watched a sports game will be familiar with a barrage of reminders that
this "telecast is copyrighted," even though such ...
AN ALTERNATE HISTORY OF THE WEB & COPYRIGHT LAW

via Written Description by Lisa Larrimore Outllette on 2/4/2016
URL: http://writtendescription.blogspot.com/2016/02/an-alternate-history-of-web-copyright.html
I've been enjoying Walter Isaacson's The Innovators, a history of computers and the Internet.
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Joshua L. Simmons
ENDLESS FLOTILLAS AND SAFE HARBOURS: PERSPECTIVES ON ISP AND HOST

LIABILITY
via Lexology by Vishnumohan Rethinam on 2/5/2016
URL: https://www.lexology.com/library/detail.aspx?g=467560d3-2934-470a-84cb-2f0e0f8e2f80
The plaintiff alleged copyright infringement, including contributory ... a website that allowed
access to copyrighted content without authorisation.
THE KING AND HIS (TATTOO ARTIST'S) COPYRIGHT

via Levology by Nathan Mattock & Kyra Edwards on 2/5/2016
URL: http://www.lexology.com/library/detail.aspx?g=5247dcdb-4f92-4c5e-9dfd-dac9fe93aebb
We're not talking about a boring old monarch - we're talking the King: LeBron James, the 2nd
GOAT* and the Cleveland Cavaliers' best hope of ...
SORRY SLACKTIVISTS: THE MAN IS SHREDDING YOUR ROBO RESPONSES

URL: http://www.theregister.co.uk/2016/01/29/slacktivism_robo_responses_shredded/
Years ago, we were told that mass democratic participation was was going to be revolutionised
by the web.
PAYPAL BLOCKS VPN, SMARTDNS PROVIDER'S PAYMENTS OVER COPYRIGHT

CONCERNS
via Ars Technica by Glyn Moody on 2/5/2016
URL: http://arstechnica.com/tech-policy/2016/02/paypal-blocks-vpn-smartdns-providers-
payments-over-copyright-violations/
PayPal cuts off UnoTelly, which touts geo-blocking circumvention to customers.
ON THE SERBIAN PROPOSAL TO ABOLISH PHOTOGRAPHY COPYRIGHT

URL: http://illusionofmore.com/serbian-proposal-abolish-photography-copyright/
Embed from Getty Images Last week, the Serbian Parliament unanimously voted down a
proposal to abolish copyright protection in that country for what it called "routinely made"
digital photography. In fact, according to the Facebook page Protect Photographers Copyright,
even ...
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WEBSITE HTML IS COPYRIGHTABLE, EVEN IF LOOK AND FEEL IS NOT

via Intellectual Property, Patent, Trademark & Copyright News by Jeffrey D Neuburger on
2/5/2016
URL: http://www.natlawreview.com/article/website-html-copyrightable-even-if-look-and-feel-
not
In a notable ruling last month, a California district court ruled that the HTML underlying a
custom search results page of an online advertising creation platform is copyrightable.
NOVEL SUIT OVER TATTOOS IN VIDEO GAMES LIKELY TO FADE

Tattoo artists who inked up LeBron James and other NBA superstars are suing the company
behind the popular "NBA 2K" basketball video games for copyright infringement for accurately
depicting the stars' tattoos in the game. It's a novel claim — and one experts say is almost certain
to fail.
LEADING AUTHORS PRESS FOR SUPREME COURT REVIEW OF GOOGLE'S

DIGITISED LIBRARY
via The Guardian by Alison Flood on 2/8/16
URL: http://www.theguardian.com/books/2016/feb/08/major-authors-press-for-supreme-court-
review-of-google-digitised-library-margaret-atwood-malcolm-gladwell
'This matter is critical to the future of fair use under copyright law' ... Google headquarters in
Mountain View, California. Photograph: Justin ...
HIGH COURT LAST HOPE FOR COPYRIGHT LAWSUIT OVER GOOGLE BOOK
SCANNING
via Law Blog by Jacob Gershman on 2/8/2016
URL: http://blogs.wsj.com/law/2016/02/08/high-court-last-hope-for-copyright-lawsuit-over-
google-book-scanning/?mod=WSJBlog
The long-running copyright dispute between the Authors Guild and Google could be reaching a
final chapter in coming weeks as both sides wait to see if the Supreme Court takes up the case.
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Joshua L. Simmons
ANTHRAX SUED FOR COPYRIGHT INFRINGEMENT OVER HANUKKAH SWEATER

DESIGN
via Brooklyn Vegan by Rob Sperry-Fromm on 2/8/16
URL: http://www.brooklynvegan.com/archives/2016/02/anthrax_sued_fo.html
We all know that metal-themed holiday sweaters are the best gifts one can give. But in the case
of the above Anthrax sweater, which the metal band ...
WHY THE AUTHORS GUILD IS STILL WRONG ABOUT GOOGLE'S BOOK SCANNING
via Fortune by Mathew Ingram on 2/8/16
URL: http://fortune.com/2016/02/08/authors-guild-google/
Google's book-scanning project is one of the longest-running copyright ... More fundamentally,
it threatens to undermine protection of copyrighted ...
FAMOUS AUTHORS FILE SUPREME COURT BRIEF IN GOOGLE BOOK SCANNING

CASE
via FindLaw News for Legal Professionals by Chrostopher Coble, Esq. on 2/8/2016
URL: http://blogs.findlaw.com/courtside/2016/02/famous-authors-file-supreme-court-brief-in-
google-book-scanning-case.html
Several famous authors filed a brief with the Supreme Court, asking it to hear a lawsuit over
Google digital book library. Malcolm Gladwell, Margaret Atwood, Yann Martel, Steven
Sondheim and others lent their names to the brief, contending Google is guilty of "massive
copyright infringement. The Supreme Court has......
WARNER MUSIC PAYS $14 MILLION TO END 'HAPPY BIRTHDAY' COPYRIGHT

LAWSUIT
URL: http://www.hollywoodreporter.com/thr-esq/warner-music-pays-14-million-863120
The music publisher will also not stand in the way for a judge to declare the song to be in the
public domain.
HAPPY BIRTHDAY COPYRIGHT SUIT SETTLES FOR $14 MILLION

URL: http://www.law.com/sites/articles/2016/02/09/happy-birthday-copyright-suit-settles-for-
14-million/
Song would enter the public domain under terms of deal reached by Warner/Chappell Music and
its lawyers at Munger, Tolles & Olson.
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COPYRIGHT GUIDE FOR STREET ART AND 3D PRINTING

via ArtsHub by Gina Fairley on 2/9/16
URL: http://www.artshub.com.au/news-article/career-advice/trends-and-analysis/gina-
fairley/copyright-guide-for-street-art-and-3d-printing-250470
The Australian Copyright Council (ACC) is an invaluable resource for creatives. They have
published a suite of free papers to help navigate the murky ...
SHKRELI HIT WITH COPYRIGHT SUIT OVER WU-TANG ALBUM ART

Indicted pharmaceutical exec Martin Shkreli was hit with a copyright infringement lawsuit in
Manhattan federal court Tuesday over illustrations contained in his $2 million one-of-a-kind Wu-
Tang Clan album.
MPAA FORGES VOLUNTARY ANTI-PIRACY AGREEMENT WITH DONUTS

URL: http://illusionofmore.com/mpaa-forges-voluntary-anti-piracy-agreement-with-donuts/
We’re about to start seeing a lot more diversity in web names. With its slogan “welcome to the
not com revolution”, the Bellevue, Washington based Donuts is the largest provider of new
domain name registrations with uniqe extensions that offer …
DISNEY GETS 'IRON MAN' ARMOR CASE TOSSED

A Massachusetts federal judge tossed out on Tuesday a lawsuit claiming Walt Disney's Marvel
Comics stole the futuristic suit of armor seen in the blockbuster “Iron Man” movies from two ex-
Marvel artists, saying she had no jurisdiction to hear the case.
WARNER PAYS $14 MILLION IN 'HAPPY BIRTHDAY' SETTLEMENT

Warner/Chappell Music Inc. on Tuesday disclosed the terms of its settlement to end class action
litigation over its claim of ownership of "Happy Birthday to You" — an agreement that will
include a $14 million payment and an acknowledgment from all parties that the song is in the
public domain
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Joshua L. Simmons
DETAILS OF ‘HAPPY BIRTHDAY’ COPYRIGHT SETTLEMENT REVEALED

via NYT > Media by Ben Sisario on 2/9/2016
URL: http://www.nytimes.com/2016/02/10/business/media/details-of-happy-birthday-copyright-
settlement-revealed.html
Papers filed in federal court show that Warner Music Group agreed to pay $14 million to settle
claims over the song “Happy Birthday to You.”
MPAA & DOMAIN REGISTRAR ‘DONUTS’ ANNOUNCE PARTNERSHIP TO REDUCE

ONLINE PIRACY
URL: http://voxindie.org/mpaa-domain-registrar-donuts-announce-partnership-to-reduce-online-
piracy/
Another ally joins the war against online pirates The battle against online piracy has been fought
on many fronts, and today came news that another had opened with the announcement that the
Motion Picture Association of America (MPAA) and Donuts, a the largest registrar for the new
domain extensions have come to an agreement to thwart online piracy. The development is good
[…]
WU-TANG CLAN'S $2 MILLION ALBUM A TARGET IN COPYRIGHT LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/wu-tang-clans-2-million-863413
Drawings of Raekwon, Ol’ Dirty Bastard and Inspecta Deck were allegedly reproduced in what
landed in the hands of Martin Shkreli.
MARTIN SHKRELI FACES COPYRIGHT SUIT INVOLVING WU-TANG ALBUM

URL: http://blogs.wsj.com/law/2016/02/09/martin-shkreli-faces-copyright-suit-involving-wu-
tang-album/
As he battles charges of securities fraud, former drug executive and Wu-Tang Clan patron
Martin Shkreli may also have to defend himself against a federal copyright lawsuit.
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MARTIN SHKRELI’S TROUBLES DEEPEN—FROM ALLEGATIONS OF FRAUD TO IP

INFRINGEMENT
URL: http://arstechnica.com/tech-policy/2016/02/martin-shkrelis-troubles-deepen-from-
allegations-of-fraud-to-ip-infringement/
Plot thickens for former pharma CEO, now accused of copyright violations.
JUDGE KNOCKS OUT 'IRON MAN' COPYRIGHT LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/judge-knocks-iron-man-copyright-863525
The complaint alleged that the superhero's body armor was derived from another comic book.
COPYRIGHT AND SOCIAL MEDIA: A PLACE FOR COMMENT, SHARING, AND FAIR
USE?
via Lexology by Maryanne Stanganelli on 2/9/16
URL: http://www.lexology.com/library/detail.aspx?g=c6d38889-37b0-4d4e-bc3f-37e78ee3d798
In the coming days, a trial is set to begin in the Southern District of New York in the case of
North Jersey Media Group Inc. v. Jeanine Pirro. The case ...
MUSIC COPYRIGHT 101: A BRIEF RUNDOWN OF LEGAL STATUS IN THE UNITED

STATES
URL: http://www.ip-watch.org/2016/02/10/music-copyright-101-a-brief-rundown-of-legal-
status-in-the-united-states/
“The world of music rights is divided into two major segments: compositions and sound
recordings,” said Kenneth Steinthal, partner, King & Spalding, San Francisco, who opened a
panel at Yale Law School last week with a baseline understanding of music copyright. Steinthal
gave a textbook rundown of the complicated status of music copyright that puts […]
DOES COPYRIGHT PROTECT DATA FILE FORMATS?

via Lexology by Toby Headdon on 2/9/16
URL: http://www.lexology.com/library/detail.aspx?g=b5ab25ca-872b-43bf-8040-a5e9e3c94e67
Typically our updates relate to new developments. This update is an exception and we have
prepared it because it addresses a question which we are ...
- 229 -
Joshua L. Simmons
SHERRILYN KENYON SUES CASSANDRA CLARE FOR 'WILFULLY COPYING' HER

NOVELS
via The Guardian by Alison Flood on 2/10/16
URL: http://www.theguardian.com/books/2016/feb/10/sherrilyn-kenyon-sues-cassandra-clare-
for-wilfully-copying-her-novels
Filed on 5 February, the lawsuit – which alleges copyright and trademark infringement and is
asking for damages, lost profits and an end to ...
IS VPN USE COPYRIGHT INFRINGEMENT? NOT SO FAST, LAWYERS SAY

via Bloomberg BNA by Peter Leung on 2/3/16
URL: http://www.bna.com/vpn-copyright-infringement-n57982067184/
Furthermore, while some countries have laws barring the circumvention of technological
protection measures that limit access to copyrighted works, ...
“HAPPY BIRTHDAY” IS PUBLIC DOMAIN, FORMER OWNER WARNER/CHAPELL TO

PAY $14M
URL: http://arstechnica.com/tech-policy/2016/02/happy-birthday-is-public-domain-former-
owner-warnerchapell-to-pay-14m/
Winning lawyer says more bogus copyrights may come under legal attack.
PORN CO. MALIBU MEDIA HIT WITH RARE DEFEAT

An Illinois federal judge has handed Malibu Media a rare summary judgment defeat, dismissing
a case in which the litigious porn studio accused opposing counsel of working in tandem with “a
fanatical Internet hate group.”
WARNER BROS. AGAIN BEATS SUPERMAN IP SUIT IN 9TH CIRC.

The Ninth Circuit on Wednesday refused a request by Superman co-creator Jerome Siegel’s
daughter to revive her suit seeking control of certain Superman copyrights, finding Siegel’s
family had transferred its rights to Warner Bros. Entertainment Inc. and subsidiary DC Comics
Inc.
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PRESIDENT OBAMA SENDS TWO WIPO COPYRIGHT TREATIES TO US SENATE FOR

RATIFICATION
URL: http://www.ip-watch.org/2016/02/10/president-obama-sends-two-copyright-treaties-to-us-
senate-for-ratification/
Today, United States President Barack Obama sent two signed multilateral copyright treaties
negotiated at the World Intellectual Property Organization to the US Senate for ratification.
WARNER BROS.' 'SUPERMAN' RIGHTS CONFIRMED BY APPEALS COURT

URL: http://www.hollywoodreporter.com/thr-esq/warner-bros-superman-rights-confirmed-
864026
The 9th Circuit confirms that Superman co-creator Jerry Siegel's widow transferred them in
2001.
'QUEEN OF THE DESERT' PRODUCERS FILE COPYRIGHT LAWSUIT AGAINST

INTERNET PIRATES
via THR, Esq. by Ashley Cullins on 2/10/2016
URL: http://www.hollywoodreporter.com/thr-esq/queen-desert-producers-file-copyright-864095
In the latest push by Hollywood to clamp down on pirating, the production company behind the
period film (starring James Franco, Nicole Kidman and Robert Pattinson) identifies seven IP
addresses that distributed the movie via file-sharing site BitTorrent.
COPYRIGHT PROTECTION IN CANADA FOR ARTISTS

via Lexology by Paul E. Bain on 2/11/16
URL: http://www.lexology.com/library/detail.aspx?g=ce37bdf4-edb3-4d26-8c3f-2cddc6081a61
In Canada, “copyright” refers to the bundle of rights conferred by the Copyright Act (the Act) on
the copyright owner and author of a work. The owner of ...
TRADEMARK AND COPYRIGHT ISSUES WITH THE SUPER BOWL

via Inside Counsel by Amanda Ciccatelli on 2/11/16
URL: http://www.insidecounsel.com/2016/02/11/trademark-and-copyright-issues-with-the-
super-bowl
Every year around this time, every business in America tried to capitalize on the Super Bowl.
But most of them aren't using the words Super Bowl to do ...
- 231 -
Joshua L. Simmons
FOX, DISH SETTLE COPYRIGHT FIGHT OVER AD-SKIPPING DVR

Dish Network and Fox have reached a settlement to end their four-year copyright battle over the
satcaster’s ad-skipping, place-shifting Hopper DVR, the companies said Thursday.
BAIUL KEEPS FIGHTING NY REMAND, SAYS COPYRIGHT NOT AN ISSUE

via Law360: Intellectual Property by Matthew Perlman on 2/11/2016
Olympic gold medalist Oksana Baiul again urged a New York federal court on Wednesday to
send her suit against NBCUniversal over royalties from a 1994 TV special back to state court,
saying her claims only look to recuperate compensation she is owed, and have no basis in
copyright law.
IN DEAL WITH FOX, DISH AGREES TO DISABLE AD-SKIPPING FOR 7 DAYS AFTER
SHOWS FIRST AIR
URL: http://www.hollywoodreporter.com/thr-esq/deal-fox-dish-agrees-disable-864208
A four-year fight over AutoHop finally comes to an end.
PHARRELL, THICKE SLAM $3.5M 'BLURRED LINES' ATTY FEES BID

via Law360: Intellectual Property by Y. Peter Kang on 2/11/2016
Pharrell Williams and Robin Thicke on Wednesday blasted a bid by the family of Marvin Gaye
for $3.5 million in legal fees following a jury verdict finding their smash hit “Blurred Lines”
infringed the copyrights for Gaye’s "Got to Give It Up,” calling the fees request “exorbitant.”
THE INTERNET'S TOP DOG RATER KEEPS DISAPPEARING FROM TWITTER

via The Washington Post by Abby Ohlheiser on 2/11/16
URL: https://www.washingtonpost.com/news/the-intersect/wp/2016/02/11/the-internets-top-dog-
rater-keeps-disappearing-from-twitter/
Thanks to multiple, likely bogus, copyright claims against @dog_rates, .... for a link to the
original, copyrighted work that has been allegedly copied.
- 232 -
ONLINE LEGAL PUBLISHERS SQUABBLE OVER THE RIGHT TO COPYRIGHT THE

LAW
via Ars Technica by David Kravetz on 2/11/2016
URL: http://arstechnica.com/tech-policy/2016/02/online-legal-publishers-squabble-over-the-
right-to-copyright-the-law/
Do private online publishers own the law, or does it belong to the people?
DISH TO DISABLE DVR AD-SKIP FOR 7 DAYS AFTER BROADCAST TO RESOLVE

FOX SUIT
URL: http://arstechnica.com/tech-policy/2016/02/dish-to-disable-dvr-ad-skip-for-7-days-after-
broadcast-to-resolve-fox-suit/
No precedent on consumers' right to stream content they already paid for.
ROBIN THICKE'S ATTORNEY ARGUES $3.5M FEE AWARD IN "BLURRED LINES"

CASE WOULD SET BAD PRECEDENT
URL: http://www.hollywoodreporter.com/thr-esq/robin-thickes-attorney-argues-35m-864382
After losing at trial in March, the attorney for Pharrell Williams and Robin Thicke says they
shouldn’t be stuck with the tab for the lawyers and experts hired by Marvin Gaye’s heirs.
FSU LIBRARIES TO HOST INSTITUTE ON COPYRIGHT IN HIGHER EDUCATION

via FSU by Devin Galetta on 2/11/16
URL: http://news.fsu.edu/More-FSU-News/FSU-Libraries-to-host-Institute-on-Copyright-in-
Higher-Education
Florida State University Libraries will host a one-day Institute on Copyright in Higher Education
— a free professional development opportunity for ...
LIVE NATION WILLFULLY STOLE RUN-DMC PHOTOS, 9TH CIRC. TOLD

via Law360: Intellectual Property by Bonnie Eslinger on 2/11/2016
Photographer Glen Friedman told the Ninth Circuit on Thursday that a district court erred in
determining Live Nation Merchandise didn’t act willfully when it infringed his copyright by
selling merchandise featuring his images of hip-hop group Run-DMC, saying the burden of proof
shouldn’t have been his.
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NFL, AP URGE JUDGE TO SHUTTER PHOTOGS' SUIT FOR GOOD

The National Football League and The Associated Press urged a New York federal judge
Thursday to block the second pass at a lawsuit by a group of professional football photographers
alleging copyright and antitrust violations over the use of their work.
3D PRINTING INDUSTRY WANTS ONE COPYRIGHT TEST, NOT 10

via Bloomberg BNA by Alexis Kramer on 2/11/16
URL: http://www.bna.com/3d-printing-industry-b57982067264/
Ten different tests exist for separating an objectâ€™s creative elements, which can be protected
by copyright, from its functional elements, which ...
US CONGRESS PASSES CUSTOMS BILL WITH STRONG IP ENFORCEMENT

PROVISIONS
URL: http://www.ip-watch.org/2016/02/12/congress-passes-customs-bill-with-strong-ip-
enforcement-provisions/
The United States Congress today passed the Trade Facilitation and Trade Enforcement Act,
establishing clearer rules on customs officials' work to stop infringing goods from entering the
US. The Act creates a new National IP Coordination Center for coordinating investigations,
training and other activities.
ESPN ASKS COURT TO DETERMINE THE FAIR RATE FOR LICENSING MUSIC
URL: http://www.hollywoodreporter.com/thr-esq/espn-asks-court-determine-fair-864444
The sports network asserts BMI isn't being reasonable.
EFF REACTS TO MPAA-DONUT ANTI-PIRACY PACT WITH PREDICTABLE

HYPERBOLE AND HISTRIONICS
URL: http://voxindie.org/eff-doesnt-like-donuts-new-voluntary-agreement-with-mpaa/
Once again, EFF pulls out the piracy as "free speech" mantra
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WHAT EXACTLY DOES THE EFF WANT?

URL: http://illusionofmore.com/what-exactly-does-the-eff-want/
As stated in my post announcing a voluntary agreement between MPAA and domain-name

service Donuts, both rights holders and digital rights proponents should applaud this kind of B2B
approach to mitigating online piracy. That doesn’t mean I thought the latter …
SAG-AFTRA APPLAUDS WIPO BEIJING TREATY ON PERFORMERS’ RIGHTS

via Deadline by David Robb on 2/10/16
URL: http://deadline.com/2016/02/wipo-beijing-treaty-sag-aftra-support-obama-1201700467/
SAG-AFTRA has issued a strong statement of support for the World Intellectual Property
Organization (WIPO) Beijing Treaty on Audiovisual Performances that President Obama sent to
the Senate today for approval.
KACEY MUSGRAVES PUTS HAMMER DOWN ON STOLEN WORK: ‘THINK BEFORE

YOU BUY’
via Taste of Country by Annie Reuter on 2/8/16
URL: http://tasteofcountry.com/kacey-musgraves-lyrics-stolen-intellectual-property/
Kacey Musgraves does not shy away from voicing her opinion on topics that matter deeply to
her.
EMBATTLED COPYRIGHT LAWYER USES DMCA TO REMOVE ARTICLE ABOUT

HIMSELF
URL: http://arstechnica.com/tech-policy/2016/02/embattled-copyright-lawyer-uses-dmca-to-
remove-article-about-himself/
Marc Randazza tells Wordpress that the unflattering story "is not fair use."
COPYRIGHT PROTECTION IN CANADA FOR ARTISTS

via Intellectual Property, Patent, Trademark & Copyright News by Paul E. Bain on 2/12/2016
URL: http://www.natlawreview.com/article/copyright-protection-canada-artists
In Canada, “copyright” refers to the bundle of rights conferred by the Copyright Act (the Act) on
the copyright owner and author of a work.
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Joshua L. Simmons
FCC SET-TOP PROPOSAL ENDANGERS COPYRIGHT, GROUPS SAY

via Law360: Intellectual Property by Margaret Harding McGill on 2/12/2016
A group of pay-TV proponents warned Federal Communications Commission Chairman Tom

Wheeler that his set-top box proposal poses serious copyright concerns, according to a filing on
Thursday that described the meeting.
I PREVAILED, NOW GIVE ME MY ATTORNEYS’ FEES

via Intellectual Property, Patent, Trademark & Copyright News by Tonya M. Gray et al. on
2/12/2016
URL: http://www.natlawreview.com/article/i-prevailed-now-give-me-my-attorneys-fees
The U.S. Supreme Court recently granted certiorari in Kirtsaeng v. John Wiley & Sons, Inc. in
order, once again, to review the proper standard that district courts should follow for awarding
attorneys’ fees to prevailing parties in copyright infringement actions.
RZA RESPONDS TO ARTIST'S "ONCE UPON A TIME IN SHAOLIN" COPYRIGHT

INFRINGEMENT CLAIMS
via HopHopDX by Cherise Johnson on 2/13/16
URL: http://hiphopdx.com/news/id.37473/title.rza-responds-to-artists-once-upon-a-time-in-
shaolin-copyright-infringement-claims
RZA responds to artist Jason Koza's copyright infringement claims of his artwork being featured
in the one-liner notes of Wu-Tang Clan's album Once ...
PIRATES IN YOUR NEIGHBOURHOOD: HOW NEW ONLINE COPYRIGHT

INFRINGEMENT LAWS ARE AFFECTING CANADIANS ONE YEAR LATER
via Financial Post by Claire Brownell on 2/12/16
URL: http://business.financialpost.com/fp-tech-desk/pirates-in-your-neighbourhood-how-new-
online-copyright-infringement-laws-are-affecting-canadians-one-year-later
Copyright holders, of course, have enthusiastically participated, as the thousands of notices

TekSavvy has to process daily demonstrate.
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COMPULSORY NO MORE? LICENCES FIXED BY THE COPYRIGHT BOARD AFTER

CBC V SODRAC
via Lexology by Catherine Lovrics & Tamara Celine Wingust on 2/11/16
URL: http://www.lexology.com/library/detail.aspx?g=bcfa335b-272b-4fba-ba59-35bdcdb01e6e
The Supreme Court held that copyright users mustconsent to be bound by the terms of such
licences—the Copyright Board (the “Board”) cannot ...
RECENT LEGISLATIVE DEVELOPMENTS IN FRANCE

via The 1709 Blog by FrenchKat on 2/15/2016
URL: http://the1709blog.blogspot.com/2016/02/recent-legislative-developments-in.html
While the French Senate continues to debate whether (and to what extent) the private copying
exception and corresponding levy should be extended to the cloud (and in particular network
PVRs), there have been two interesting amendments introduced intended to strengthen the CNC's
ability to act against copyright infringement.
WHY PRESIDENT LINCOLN PUT THE CIVIL WAR ON HOLD TO EXTEND

COPYRIGHT PROTECTION TO PHOTOGRAPHS
via JDSupra by David Kluft on 2/15/2016
URL: http://www.jdsupra.com/legalnews/why-president-lincoln-put-the-civil-war-74960/
We've taken advantage of past Presidents Days to recount George Washington's role in the
history of U.S. Copyright law, specifically the birth of fair ...
JUSTICE SCALIA'S IP LEGACY

via Written Description by Lisa Larrimore Outllette on 2/15/2016
URL: http://writtendescription.blogspot.com/2016/02/justice-scalias-ip-legacy.html
One of the things I love about teaching and writing in intellectual property is that disputes often
don't fall along traditional party lines.
FOX NEWS SETTLES CASE OVER 9/11 PHOTO POSTED TO FACEBOOK

Fox News Network has reached a settlement to avoid a jury trial over whether the cable news
giant infringed copyrights by posting a famous photo of firemen at the World Trade Center on
9/11 to a Facebook page.
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Joshua L. Simmons
BALANCING COPYRIGHT OWNERS’ RIGHTS WITH ISP IMMUNITIES

via Law360: Intellectual Property by Ieuan G. Mahony & Samuel L. Taylor on 2/16/2016
A Virginia federal court's recent decision in BMG v. Cox is significant because it provides
guidance on the type of actions an Internet service provider needs to take — or not take — in
order to satisfy the termination policy condition under the Digital Millennium Copyright Act safe
harbor, say Ieuan Mahony and Samuel Taylor of Holland & Knight LLP.
2ND CIRC. UPHOLDS SANCTIONS AGAINST TV STREAMER FILMON

The Second Circuit affirmed sanctions Tuesday against television streaming service FilmOn,
ruling the Aereo-like service was rightly held in contempt for continuing to operate after the U.S.
Supreme Court shut down Aereo.
APPEALS COURT UPHOLDS SANCTIONS AGAINST TV STREAMER

URL: http://www.hollywoodreporter.com/thr-esq/appeals-court-upholds-sanctions-tv-866148
FilmOn flouted an injunction order after the Supreme Court ruled against Aereo.
SPOTIFY TRIES TO DUCK MUSICIAN'S $150M IP INFRINGEMENT SUIT

Spotify USA Inc. urged a California federal judge Friday to toss an independent rock musician's
$150 million putative class action accusing the music streaming service of copyright
infringement, saying the court lacks jurisdiction because Spotify is headquartered in New York.
MLB USED WILLIE NELSON IMAGE WITHOUT APPROVAL, PHOTOG SAYS

A professional photographer slapped the media arms of Major League Baseball and the Boston
Red Sox with a copyright infringement suit in New York federal court on Sunday, saying they
used his photograph of musician Willie Nelson without permission on the blog of a minor league
affiliate.
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FULL TRANS-PACIFIC PARTNERSHIP TEXT REVEALED, INCLUDES EXTENSIVE

INTELLECTUAL PROPERTY PROVISIONS
via Journal of Law and the Arts on 2/16/2016
URL: http://lawandarts.org/2016/02/16/full-trans-pacific-partnership-text-revealed-includes-
extensive-intellectual-property-provisions/
On November 5, the Obama Administration released the full text of the Trans-Pacific Partnership
agreement to the public. This twelve-nation trade agreement has been under negotiation for
years, with most of the specific provisions kept from the public eye. The completed deal now
faces an uphill battle obtaining Congressional approval in the United States. Included […]
GOOGLE BOOKS SEARCH FUNCTION IS A FAIR USE OF BOOKS, SECOND CIRCUIT

HOLDS
URL: http://lawandarts.org/2016/02/16/google-books-search-function-is-a-fair-use-of-books-
second-circuit-holds/
Google Books is an online service that allows users to search for specific words in over 20
million books and view short excerpts from those books without the author’s permission. The
U.S. Court of Appeals for the Second Circuit held on October 16 that this search function is
protected under the doctrine of fair use, […]
NO COPYRIGHT FOR “HOT YOGA” POSES, NINTH CIRCUIT HOLDS

URL: http://lawandarts.org/2016/02/16/no-copyright-for-hot-yoga-poses-ninth-circuit-holds/
Bikram Choudhury, a Hollywood yoga instructor, claimed that another yoga studio, Evolation
Yoga, had infringed on his copyright to a sequence of yoga moves. Choudhury’s “hot yoga”
classes were conducted in a room heated up to 105 degrees, and he had been charging a licensing
fee and making specific requirements to those wishing to use […]
SPOTIFY ATTEMPTS TO DISMANTLE CLASS ACTION SUIT OVER ROYALTIES IN

NEW FILING
via Billboard by Andrew Flanagan on 2/16/2016
URL: http://www.billboard.com/articles/business/6875478/spotify-responds-david-lowery-class-
action-150-million
The crux of Spotify's filing is that a class action suit over copyright violations requires such
specific knowledge of each copyright infringement, much ...
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Joshua L. Simmons
HOW MAJOR CHINESE BANKS HELP SELL KNOCK-OFFS

via Technology : NPR by Aarti Shahani on 2/16/2016
URL: http://www.npr.org/sections/alltechconsidered/2016/02/16/466340567/how-major-chinese-
banks-help-sell-knock-offs
Leading banks in China are facilitating the sale of counterfeit handbags, clothes and other knock-
off goods online, by hosting bank accounts for bogus manufacturers.
APPEALS COURT BACKS CONTEMPT ORDER AGAINST FILMON IN COPYRIGHT

CASE
via Reuters on 2/16/2016
URL: http://www.reuters.com/article/ip-filmon-contempt-idUSL2N15V28V
A federal appeals court on Tuesday upheld a contempt order against online television service
FilmOn for continuing to operate after a 2014 U.S. ...
IP CONFERENCE AT JOHN MARSHALL

via IP and IT Conferences on 2/17/2016
URL: http://madisonian.net/conferences/2016/02/17/ip-conference-at-john-marshall/
How are viral videos and other social media phenomena treated under copyright, false
endorsement and right of publicity law? What are the best practices for trademark surveys in the
digital era? How can patent owners thwart challenges from third parties …
PHOENIX CENTER RESPONDS TO SINGAPORE FAIR USE STUDY

URL: http://illusionofmore.com/phoenix-center-responds-to-singapore-fair-use-study/
In 2012, a report was published in the online journal LAWS entitled A Counterfactual Impact
Analysis of Fair Use Policy on Copyright Related Industries in Singapore. I know. Sounds like a
real page-turner for the general reader, right? To be …
JUSTIN TIMBERLAKE, WILL.I.AM FACING COPYRIGHT SUIT OVER "DAMN GIRL"

URL: http://www.hollywoodreporter.com/thr-esq/justin-timberlake-william-facing-copyright-
866877
The heir of a Grammy-winning disco artist claims Timberlake's hit "Damn Girl" copied its hook,
rhythm, harmony and melody from a 1969 song.
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JUSTIN TIMBERLAKE, WILL.I.AM FACING COPYRIGHT SUIT OVER 'DAMN GIRL'

via Billboard by Ashley Cullins on 2/17/2016
URL: http://www.billboard.com/articles/business/6882079/justin-timberlake-will-i-am-
copyright-suit-damn-girl
He's facing a copyright suit over his hit "Damn Girl" from the sister of disco artist Perry Kibble
that claims the hook, rhythm, harmony and melody in ...
UPDATE: SONY DROPS COPYRIGHT CLAIM OVER HARVARD’S COPYRIGHT LAW

LECTURE
via Law.com - Newswire by Lisa Shuchman on 2/17/2016
URL: http://www.law.com/sites/articles/2016/02/18/update-sony-drops-copyright-claim-over-
harvards-copyright-law-lecture/
A YouTube video that is part of a Harvard University online course on copyright law is once
again accessible to students after Sony Music Entertainment unblocked it and released its
copyright claim.
FOXTEL MOVES TO BLOCK PIRACY WEBSITES

via ZDNet by Corinne Reichert on 2/17/2016
URL: http://www.zdnet.com/article/foxtel-moves-to-block-piracy-websites/
The Copyright Amendment (Online Infringement) Act 2015 allows rights holders, such as
Foxtel, to obtain a court order to block websites hosted ...
FEELING THE BURN

via Lexology by Kristen McCallion & John P. McCormick on 2/18/2016
URL: http://www.lexology.com/library/detail.aspx?g=5d12e10a-772d-426c-90c2-a0ab575118d1
Bikram yoga poses are not copyrightable says the Ninth Circuit Court of Appeals. Copyright
owners need to act, says Kristen McCallion and John ...
PHOTOGRAPHER DENNIS MORRIS THREATENS ELIZABETH PEYTON WITH

COPYRIGHT INFRINGEMENT COMPLAINT
via Artnet News by Brian Boucher on 2/18/2016
URL: https://news.artnet.com/art-world/dennis-morris-elizabeth-peyton-copyright-infringement-
429743
A 1994 drawing of punk singer John Lydon is at the center of a brewing battle between
photographer Dennis Morris and New York artist Elizabeth ...
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Joshua L. Simmons
COPYRIGHT INFRINGEMENT: MUSICIAN WANTS CHARGE AGAINST MTN

DROPPED, NCC SAYS NO
via Premium Times on 2/18/2016
URL: http://www.premiumtimesng.com/arts-entertainment/music/198655-copyright-
infringement-musician-wants-charge-mtn-dropped-ncc-says-no.html
The Nigerian Copyright Commission (NCC), in 2015, filed the two-count-charge against MTN
and Moolman, sequel to a petition filed by Baba 2010.
JUSTIN TIMBERLAKE, WILL.I.AM ACCUSED OF COPYING 1969 SONG

Justin Timberlake and Will.i.am were hit Wednesday with a copyright infringement suit claiming
they ripped off key portions of their 2006 hit “Damn Girl” from a dead disco star’s obscure 1969
song.
STANDARDS ADOPTED INTO LAW ARE PUBLIC DOMAIN, LAW PROFS SAY
A group of law professors on Wednesday urged a D.C. federal court to rule against the American
Psychological Association Inc. and other organizations that claim a website infringed a copyright
for their testing standards by publishing the materials online.
MODERNISING COPYRIGHT - ICEL/TCD CONFERENCE

via Lexology by Daniel Harrington & Claire Rush on 2/19/2016
URL: http://www.lexology.com/library/detail.aspx?g=d7c4d002-6572-48ec-b5d7-08ae947394c2
The conference on Modernising Copyright, jointly organised by the Irish Centre for European
Law and the School of Law, Trinity College Dublin, ...
GEORGE WASHINGTON KEY TO INTELLECTUAL PROPERTY RIGHTS

via The Tennessean by Dandolph J. May & Seth L. Cooper on 2/16/16
URL: http://www.tennessean.com/story/opinion/contributors/2016/02/15/george-washington-
key-intellectual-property-rights/80401438/
George Washington – Revolutionary War hero and first President of the United States – is
widely known as the Indispensable Man.
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VIDEO: UNDERSTANDING THE PROBLEM BEHIND #WTFU

via PlagiarismToday on 2/17/16
URL: https://www.plagiarismtoday.com/2016/02/17/video-understanding-the-problem-behind-
wtfu/
Recently, Doug Walker (AKA: The Nostalgia Critic) posted a video entitled “Where’s the Fair
Use?” featuring the hashtag #WTFU.
4SHARED WINS COURT CASE TO OVERCOME PIRACY BLOCKADE

via Torrent Freak by Ernesto Van der Sar on 2/19/2016
URL: https://torrentfreak.com/4shared-wins-court-case-to-overcome-piracy-blockade-160219/
As one of the largest online file-sharing services 4shared is closely watched by copyright holders
who find their content being made available on the ...
THE REVOLUTION IN THE MIRROR IS CLOSER THAN IT APPEARS

URL: http://illusionofmore.com/the-revolution-in-the-mirror-is-closer-than-it-appears/
The father of modern chemistry Antoine-Laurent Lavoisier was beheaded in 1793 in what is now
the Place de la Concorde. A victim of France’s post-revolutionary Reign of Terror, he was
specifically marked for execution by one vengeful, lesser scientist named …
INTELLECTUAL PROPERTY — CHICAGO, IL

via Legal Scholarship Blog by Mary Whisner on 2/19/2016
URL: http://www.legalscholarshipblog.com/2016/02/19/intellectual-property-chicago-il/
The John Marshall Law School Center for Intellectual Property, Information & Privacy Law
presents the 60th Annual Intellectual Property Law Conference, Hot Topics and Current
Developments in Patent, Trademark, Copyright,...
WILDLIFE PHOTOG DEFEATS 'MONKEY SELFIE' SUIT

URL: http://www.courthousenews.com/2016/02/19/wildlife-photog-defeats-monkey-selfie-
suit.htm
A wildlife photographer has defeated a lawsuit claiming he violated copyright laws by asserting
ownership over "monkey ...
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Joshua L. Simmons
EXPENSIVE JOURNALS DRIVE ACADEMICS TO BREAK COPYRIGHT LAW

via Technology : NPR on 2/20/2016
URL: http://www.npr.org/2016/02/20/467468361/expensive-journals-drive-academics-to-break-
copyright-law
A new pirate website called Sci-Hub allows free access to academic journals behind paywalls.
Heather Joseph, an advocate for legal open access, explains the situation to Linda Wertheimer.
EFF LAUNCHES NEW TPP INFOGRAPHIC

URL: http://illusionofmore.com/eff-tpp-infographic/
So, this week, the Electronic Frontier Foundation launched its new infographic (stress on
graphic) still pitching the idea that it is the IP provisions in the Trans Pacific Partnership
agreement that are of the gravest concern. The EFF states on their site that …
HOW I TURNED A BS YOUTUBE COPYRIGHT CLAIM BACK ON THE REAL

INFRINGER
via PetaPixel by Aram Pan on 2/20/2016
URL: http://petapixel.com/2016/02/20/how-i-turned-a-bs-youtube-copyright-claim-back-on-the-
real-infringer/
Basically, I feel that the YouTube copyright reporting system is seriously ... Their claim was that
the “Clarion Conspiracy” audio track was copyrighted ...
EVENT ORGANIZER BOOKED FOR COPYRIGHT VIOLATION

via The Time of India on 2/20/2016
URL: http://timesofindia.indiatimes.com/city/surat/Event-organizer-booked-for-copyright-
violation/articleshow/51074749.cms
Surat: A complaint has been lodged against an event-organizing firm's owner for alleged
copyright violation. The firm had allegedly played Bollywood ...
FSU FACES FINE AFTER COPYRIGHT INFRINGEMENT

via Bottom Line News by Mia McCaslin on 2/21/2016
URL: http://thebottomlinenews.com/fsu-faces-fine-after-copyright-infringement/
On Monday, February 15th, faculty and staff of Frostburg States University received an email
warning departments against the use of copyrighted ...
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FREE TV FOR LIFE? IT'S HERE, AND IT MAY EVEN BE LEGAL

via CBC News by Sophia Harris on 2/22/2016
URL: http://www.cbc.ca/news/business/android-box-streaming-1.3455524
Yes, sometimes customers are watching copyrighted content, but they aren't downloading that
material. They're streaming it, and streaming falls into a ...
CAN I USE THAT? SOLVING COPYRIGHT ISSUES IN VISUAL ARTS

via News from Tulane by Gena Gattin on 2/22/2016
URL: http://tulane.edu/news/newwave/022216_solving_copyright_isssues_in_visual_arts.cfm
A colorful art display draws viewers at Tulane, but creators of works such as this can be
confused by copyright and fair use issues. In her talk at Tulane, ...
FORD, GM CAN'T DITCH SUIT OVER MUSIC ROYALTIES

via Law360: Intellectual Property by Dani Meyer on 2/22/2016
A District of Columbia federal judge refused Friday to toss a music industry group’s suit against
General Motors and Ford over allegedly unpaid music royalties, saying the group has sufficiently
alleged that the multipurpose navigation devices at the heart of the dispute are covered by a
federal law that bars music-copying.
BIG DATA: LEGAL ASPECTS FROM A CANADIAN PERSPECTIVE - PART I

via Lexology by Roland Hung on 2/22/2016
URL: http://www.lexology.com/library/detail.aspx?g=1588fe0d-64fd-4b84-b3b4-ef75efc72d08
The Copyright Act (the “Act”) is the governing statute for copyright law in ... and data analytics
software can be copyrighted as “computer programs” ...
21ST CENTURY COPYRIGHT OFFICE

via IP and IT Conferences on 2/22/2016
URL: http://madisonian.net/conferences/2016/02/22/21st-century-copyright-office/
A Copyright Office for the 21st Century Friday, March 18, 2016 ? 8:15 AM – 1:00 PM U.S.
Capitol Visitor Center ? Room HVC-200 Join us for a conference bringing together experts from
academia, industry, and government to discuss how … Continue reading ?
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Joshua L. Simmons
JUDGE ORDERS 50 CENT TO BANKRUPTCY COURT OVER INSTAGRAM PHOTOS

via Law Blog by Katy Stech on 2/22/2016
URL: http://blogs.wsj.com/law/2016/02/22/judge-orders-50-cent-to-bankruptcy-court-over-
instagram-photos/
A bankruptcy judge said rapper 50 Cent's Instagram photos are raising questions about whether
he is being truthful about his financial situation.
INTERNET TASK FORCE EXAMINES COPYRIGHT IN THE DIGITAL AGE

via New York Law Journal by Robert W. Clarida & Robert J. Bernstein on 2/22/2016
URL: http://www.newyorklawjournal.com/expert-analysis/id=1202750293622/Internet-Task-
Force-Examines-Copyright-in-the-Digital-Age
While the copyright industries have not generally been champions of the so-called "remix
culture," the task force has clearly made the issue a priority, ...
HISTORY' AGAINST IHEARTMEDIA ON PRE-1972S: SONG OWNERS

Song owners who filed a class action against iHeartMedia Inc. in New Jersey over the closely
watched issue of pre-1972 songs urged a federal judge Friday not to toss their case, saying
“history is not on iHeartMedia’s side.”
FAITH PROGRAMS ASK DC CIRC. TO DITCH CABLE ROYALTY RULING

via Law360: Intellectual Property by Patrick Boyle on 2/22/2016
A group of companies that create religious programs urged the D.C. Circuit on Friday to overrule
the Copyright Royalty Board’s rejection of their bid for more cable TV royalties, contending the
board relied on flawed data about the value of their shows.
COPYRIGHT ACT BLOCKS PLAYERS’ LIKENESS ROW, 9TH CIRC. TOLD

A company at the center of a proposed class action over the sale of photographs featuring former
NCAA basketball players urged the Ninth Circuit on Friday to affirm the suit’s dismissal,
arguing the players’ right-of-publicity claims were barred by both the Copyright Act and the
First Amendment.
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CASH MONEY RECORDS ORDERED TO PAY $1.1M OVER SONGS

via Law360: Media & Entertainment by Matthew Bultman on 2/22/2016
A Louisiana federal judge entered a default judgment Monday against hip-hop giant Cash Money
Records Inc. in a breach-of-contract and copyright suit, declaring the record label owed a
production company almost $1.14 million for work the smaller firm did on a number of songs.
REAL-LIFE ROCKY SUES OVER 'COPYCAT' FILM

URL: http://www.hollywoodreporter.com/thr-esq/chuck-wepner-rocky-inspiration-sues-868617
The boxer who inspired the character of Rocky Balboa is preparing for a legal fight over his life
story.
THE ONLINE ADVERTISING MARKET WITH ANDREW ORLOWSKI

URL: http://illusionofmore.com/online-advertising-andrew-orlowski/
Embed from Getty Images I haven’t done a podcast in a while but decided to reach out to
technology writer Andrew Orlowski after reading his article Alphabetti Spaghetti: What Wall
Street isn’t telling you about Google. Andrew is the executive …
CHELSEA MANNING DENIED EFF ARTICLES BECAUSE US ARMY CARES ABOUT

COPYRIGHT
via Ars Technica by Cyrus Farivar on 2/23/2016
URL: http://arstechnica.com/tech-policy/2016/02/chelsea-manning-denied-eff-articles-because-
us-army-cares-about-copyright/
"It is tremendously important to EFF that [prisoners] have access to our materials."
MUSIC STREAMING COMPANY ‘SPOTIFY’ FACING MASSIVE $150+ MILLION

LAWSUIT OVER IMPROPER LICENSING AND ROYALTY PAYMENT DISPUTE
via Fordham Intellectual Property, Media & Entertainment Law Journal by Cole Renicker on
2/23/2016
URL: http://www.fordhamiplj.org/2016/02/23/music-streaming-company-spotify-facing-
massive-150-million-lawsuit-over-improper-licensing-and-royalty-payment-dispute/
Spotify is currently facing a class action lawsuit, filed by David Lowery—lead singer of Camper
van Beethoven and Cracker— on December 28, 2015.
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Joshua L. Simmons
STAR TREK FAN FILMMAKERS SAY CBS SUIT STEPS ON FREE SPEECH
The producers of an unauthorized Star Trek fan film urged a federal judge Monday to toss out a
copyright infringement lawsuit filed by Paramount Pictures and CBS, saying an order blocking
the yet-unproduced film would be impermissible prior restraint on their free speech rights.
STAR TREK' FANS WANT PARAMOUNT, CBS TO DO BETTER JOB EXPLAINING

FRANCHISE TO COURT
URL: http://www.hollywoodreporter.com/thr-esq/star-trek-fans-want-paramount-868691
Producers of a crowdfunded film also argue that a copyright lawsuit is "premature" because the
script hasn't even been finalized yet.
ARTISTS SAY CALIF. RESALE LAW NOT PREEMPTED BY COPYRIGHT

Ten months after the Ninth Circuit refused to declare California’s Resale Royalty Act wholly
unconstitutional, a group of artists are trying to fend off the latest argument for why the statute is
invalid — that it’s preempted by federal copyright law.
RIVALS FIGHT OVER COPYRIGHT ELIGIBILITY OF SEX TOY

Two rival sex toy makers are duking it out in post-trial motions over whether a dildo is the kind
of “useful article” that cannot be protected by copyright law.
21ST CENTURY COPYRIGHT OFFICE CONFERENCE — WASHINGTON, DC

via Legal Scholarship Blog by Tiffany Camp on 2/24/2016
URL: http://www.legalscholarshipblog.com/2016/02/23/21st-century-copyright-office-
conferene-washington-dc/
The Duke Law School Center for Innovation Policy and the New York University Law School’s
Engelberg Center on Innovation Law & Policy jointly organize the conference 21st Century
Copyright Office to be held Friday,...
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3-D PRINTING: INNOVATION, OPPORTUNITIES AND RISK

via Law360: Intellectual Property by Melissa Koch & Brian Stansbury on 2/24/2016
From a legal standpoint, there are two key areas of concern in 3-D printing — intellectual
property infringement and product liability. Each has a slightly different impact depending on
where you sit within the 3-D printing chain, say Melissa Koch and Brian Stansbury of Akerman
LLP.
US COPYRIGHT OFFICE RECOMMENDS NO CHANGE TO THE “MAKING

AVAILABLE” RIGHT
URL: http://www.ip-watch.org/2016/02/24/us-copyright-office-recommends-no-change-to-the-
making-available-right/
The “making available right,” affirmed by the 1996 World Intellectual Property Organization
“Internet Treaties”, gives authors the prerogative to authorise digital access to their copyrighted
works “in such a way that members of the public may access these works from a place and at a
time individually chosen by them.”
STATUTORY RIGHTS TO TERMINATE COPYRIGHT GRANTS

via Lexology by Thomas Kjellberg on 2/24/2016
URL: http://www.lexology.com/library/detail.aspx?g=96c7fbca-c360-426e-b261-5202bd0ea2e5
Imagine you granted or obtained an exclusive license to publish a copyrighted work, such as a
book. The license provides, as per the usual boilerplate ...
YOUTUBE SHUTS DOWN POPULAR CHANNEL TEAMFOURSTAR IN LATEST

COPYRIGHT CONTROVERSY
via Crave Online by Paul Tamburro on 2/24/2016
URL: http://www.craveonline.com/design/957499-youtube-shuts-popular-channel-teamfourstar-
latest-copyright-controversy
Despite the #WTFU campaign YouTube is continuing to raise the ire of its content creators. Paul
Tamburro by Paul Tamburro Feb 24th, 2016.
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Joshua L. Simmons
NEW STUDY INDICATES PIRACY IS NOT PROMOTION

URL: http://illusionofmore.com/new-study-indicates-piracy-is-not-promotion/
Last month, I shared some thoughts on the subject of piracy as a tool for promotion, and I won’t
repeat all that here. Suffice to say, I’ve never understood why this particular argument has ever
be taken seriously—other than the …
COPYRIGHT ACT STATUTE OF LIMITATIONS: WAITING TO FILE MAKES NO (50)

CENTS
via Intellectual Property, Patent, Trademark & Copyright News by Andrea Cornoado on
2/24/2016
URL: http://www.natlawreview.com/article/copyright-act-statute-limitations-waiting-to-file-
makes-no-50-cents
The U.S. Court of Appeals for the Second Circuit has held that the Copyright Act’s three-year
statute of limitations applies to exclusive licensees thereby precluding a lawsuit against rapper
Curtis Jackson, also known as “50 Cent,” and various other defendants.
MONKEY SEE, MONKEY SUE DOESN’T FLY UNDER U.S. COPYRIGHT LAW
via Intellectual Property, Patent, Trademark & Copyright News by Susan Neuberger Weller &
Yogesh G. Patel on 2/24/2016
URL: http://www.natlawreview.com/article/monkey-see-monkey-sue-doesn-t-fly-under-us-
copyright-law
In August 2014, we posted about a copyright ownership dispute involving selfie photographs.
The disputed selfie photographs were taken by a monkey named Naruto in Indonesia in 2011.
The photography equipment used to take these internationally famous “monkey selfies”
belonged to famed wildlife photographer David Slater. At the time, Slater claimed copyright
ownership because he owned the camera with which the “monkey selfies” were taken.
JAPAN MOVES CLOSER TO MORE MUSCULAR COPYRIGHT LAWS

via Nikkei Asian Review on 2/24/2016
URL: http://asia.nikkei.com/Politics-Economy/Policy-Politics/Japan-moves-closer-to-more-
muscular-copyright-laws
Japan took another step toward bringing its copyright laws on a par with those in the West, in
accordance with the recently signed ...
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OBAMA TAPS NEW HEAD FOR LIBRARY OF CONGRESS

President Barack Obama announced Wednesday that he has tapped Carla D. Hayden to serve as
the nation's 14th Librarian of Congress, a position that includes broad sway on copyright issues,
including exemptions to the Digital Millennium Copyright Act.
OBAMA'S NEW LIBRARIAN OF CONGRESS NOMINEE IS A RIP-SNORTIN',

COPYFIGHTIN', SURVEILLANCE-HATIN' NO ...
via Bong Boing by Cory Doctorow on 2/24/2016
URL: https://boingboing.net/2016/02/24/obamas-new-librarian-of-cong.html
Next up: watch for a move to rip the US Copyright Office (which now gets to make rules on
things like whether the DMCA prohibits you from using ...
JAY Z SQUASHES ‘BIG PIMPIN'’ COPYRIGHT BEEF IN 2ND CIRC.

via Law360: Intellectual Property by Kat Greene on 2/24/2016
Hip-hop superstar Jay Z and his Roc-A-Fella Records LLC record label beat a music producer’s
copyright suit over several songs including “Big Pimpin’” when the Second Circuit ruled
Wednesday that the producer had filed suit 10 years too late.
GOOGLE RENEWS PUSH FOR 'FAIR USE' OF APIS BEFORE ORACLE TRIAL
URL: http://fortune.com/2016/02/24/google-renews-push-for-fair-use-of-apis-before-oracle-trial/
Google and Oracle renewed a copyright skirmish over computer code on Wednesday in a long-
running dispute that has major implications for the U.S. ...
WHY DOES GOOGLE MAKE IT SO DAMN DIFFICULT TO SEND A DMCA NOTICE?

URL: http://voxindie.org/why-does-google-make-it-so-damn-difficult-to-send-dmca-notice/
Google sets up roadblocks at every step of the DMCA process, doesn't provide DMCA agent's
email address, and requires senders to login to a Google account.
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Joshua L. Simmons
SPORTS PHOTOGS SEEK TO EXPAND DISCOVERY IN COPYRIGHT CASE

via Law360: Intellectual Property by Fola Akinnibi on 2/25/2016
Any evidence that a sports memorabilia retailer has infringed copyrights in the past is relevant to
two sports photographers’ suit accusing it of illegally selling memorabilia featuring their photos,
the photographers told a Wisconsin federal judge Wednesday, arguing it could help prove willful
infringement.
IF YOU WIN AN OSCAR, EXPECT A COPYRIGHT SUIT

Oscar-winning movies have been a magnet for copyright lawsuits over the years, proving time
and again one of the unifying axioms of entertainment law: With great success comes great
litigation. Here, Law360 ranks the top five recent Academy Award-winning flicks that faced
lawsuits.
DISNEY CEO ASKS EMPLOYEES TO CHIP IN TO PAY COPYRIGHT LOBBYISTS

URL: http://arstechnica.com/tech-policy/2016/02/disney-ceo-asks-employees-to-chip-in-to-pay-
copyright-lobbyists/
Letter boasts of beating Aereo, getting TPP—and wants workers' help in 2016.
INSURER FIGHTS URBAN OUTFITTER COVERAGE BID IN COPYRIGHT ROW

via Law360: Intellectual Property by Kelly Knaub on 2/25/2016
An insurance company urged a Pennsylvania court Monday to dismiss Urban Outfitters’ suit
seeking to force it to cover a copyright infringement judgment the retailer is appealing over a
dress pattern, saying the indemnification issue is premature until an appellate court rules on the
infringement case.
EX-PLAYERS' PUBLICITY CLAIMS OVER NFL FILMS DENIED BY 8TH CIRC.

The Eighth Circuit on Friday rejected the appeal of three former NFL players who opted out of a
$42 million settlement agreement over the use of their likenesses in NFL-sponsored TV shows
and filed their own suit, finding that the Copyright Act preempted their right-of-publicity claims.
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RICHARD PRINCE SAYS INSTAGRAM POSTS IN EXHIBIT WAS FAIR USE

Artist Richard Prince filed a much-anticipated response Friday to a copyright infringement suit
filed over an exhibit of photos he pulled from Instagram without permission, blasting the case as
an attempt to “essentially re-litigate” his controversial fair use victory against another
photographer.
100 PERCENT LICENSING: US COPYRIGHT OFFICE ARGUES NEW PROPOSAL

THREATENS SONG OWNERS' RIGHTS
via Billboard by Ed Christman on 2/26/2016
URL: http://www.billboard.com/articles/business/6890403/100-percent-licensing-us-copyright-
office-threatens-song-owners-ascap-bmi-dept-of-justice
US Copyright Office Director Maria Pallante attends the U.S. Germanic Copyright Summit at
the American Film Market at the Loews Santa Monica ...
IT IS IN HONG KONG'S INTEREST FOR THE COPYRIGHT BILL TO BE PASSED

via South China Morning Post on 2/26/2016
URL: http://www.scmp.com/comment/insight-opinion/article/1917590/it-hong-kongs-interest-
copyright-bill-be-passed
No legislation has experienced a more stumbling process than the copyright amendment bill.
Having been delayed by pan-democrat filibustering for ...
RIAA SHUTS DOWN LONG-RUNNING PIRACY SITE IN LATEST COURT WIN

via Billboard by Andrew Flanagan on 2/26/2016
URL: http://www.billboard.com/articles/business/6890434/riaa-shuts-down-mp3skull-pirate-site
The finding against the pirate site comes just a few weeks ahead of the deadline for renewal of
the Center for Copyright Information's "Memorandum of ...
RAUSCHENBERG FOUNDATION EASES COPYRIGHT RESTRICTIONS ON ART

via N.Y. Times by Randy Kennedy on 2/26/2016
URL: http://www.nytimes.com/2016/02/27/arts/design/rauschenberg-foundation-eases-
copyright-restrictions-on-art.html
As smartphones and social media have led to a proliferation of copyrighted art images on the
web, some foundations and estates — through the two ...
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Joshua L. Simmons
NFL FILMS RULING A HURDLE FOR PLAYER PUBLICITY RIGHTS

The Eighth Circuit on Friday denied publicity rights claims by a group of former NFL players in
a ruling that attorneys say creates a major copyright roadblock for athletes looking to recover for
the use of their likenesses in prior game footage or highlights.
CALIFORNIA MAN ADMITS TO PIRATING ‘THE REVENANT’ AND ‘THE PEANUTS

MOVIE’
URL: http://www.hollywoodreporter.com/thr-esq/california-man-admits-pirating-revenant-
870168
An employee on a studio lot copied screeners of unreleased films onto a portable drive and
uploaded them to a peer-to-peer site called Pass the Popcorn that allows users to download
movies.
NO MORE MONKEY BUSINESS IN COPYRIGHT LAW

via Intellectual Property, Patent, Trademark & Copyright News by Beth A. Seals on 2/27/2016
URL: http://www.natlawreview.com/article/no-more-monkey-business-copyright-law
Since at least the 1950s, humans have taken an interest in the claimed artistic abilities of animals.
Give a primate a paintbrush, and you may get a masterpiece in abstract creativity. Train an
elephant to hold a paintbrush in its trunk, and you may even get a self-portrait. But who owns the
copyrights to these works of art? Is it the human that owns the animal? Or the human that
provides the art supplies?
POUNDSTRETCHER SUED FOR 'SELLING FAKE BOTTLES OF HEAD & SHOULDERS

SHAMPOO'
via Independent by Simon Neville on 2/28/2016
URL: http://www.independent.co.uk/news/business/news/poundstretcher-sued-for-selling-fake-
bottles-of-head-shoulders-shampoo-a6901976.html
The case could turn a spotlight on cheaper, private labels looking very similar to big brands,
which many analysts say stretches copyright laws to the ...
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RUSSIAN TV CHANNELS SUE US BROADCASTERS OVER ALLEGED COPYRIGHT

INFRINGEMENT
via Russian Legal Inforamtion Agency on 2/29/2016
URL: http://www.rapsinews.com/judicial_news/20160229/275492780.html
Several Russian TV channels, including state-run Channel One, have filed a lawsuit with the
U.S. District Court for ...
DYLAN THOMAS PHOTOS COPYRIGHT FIGHT COST £200000

via BBC News by Huw Thomas on 2/29/2016
More than £200,000 has been spent by the Welsh government defending claims for copyright
infringement over its use of photographs of Dylan ...
THE REVENANT' LEAKER FACES 3 YEARS IN PRISON FOR COPYRIGHT

INFRINGEMENT
via GizModo by Aatif Sulleyman on 2/29/2016
URL: http://www.gizmodo.co.uk/2016/02/the-revenant-leaker-faces-3-years-in-prison-for-
A chap who copied The Revenant to a USB drive and posted it online has been arrested by the
FBI and now faces a prison sentence. William Kyle ...
COPYRIGHT SUIT ALLEGES HUCKABEE CAMPAIGN LACKS "EYE OF THE TIGER"

via Intellectual Property, Patent, Trademark & Copyright News by L. Robert Batterman et al. on
2/29/2016
URL: http://www.natlawreview.com/article/copyright-suit-alleges-huckabee-campaign-lacks-
eye-tiger
Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal
from the race – isn't his only concern lately.
LETTER: PEOPLE HAVE A RIGHT TO THEIR INTELLECTUAL PROPERTY

via The Source by David Bocek on 2/29/2016
URL:
http://www.sourcenewspapers.com/articles/2016/02/29/opinion/doc56d4adff04f23645425421.txt
I am responding to R. Warren Anderson's column about taking away billionaires' copyrights and
publicly funded sports stadiums that was in The ...
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Joshua L. Simmons
WARNER’S $14M ‘HAPPY BIRTHDAY’ DEAL NEARS APPROVAL

A California judge indicated Monday he would approve Warner/Chappell Music’s $14 million
deal to settle class action litigation over its now-invalidated copyright on "Happy Birthday to
You," after receiving assurances that money from the settlement fund wasn’t likely to revert back
to the company.
3/3: SILICON FLATIRONS CONFERENCE WITH BRAUNEIS, SILBEY, AND CSUSA

COPYRIGHT CAREERS PANEL
via CSUSA on 2/29/2016
URL: http://www.csusa.org/news/277475/
Members Jessica Silbey and Robert Brauneis will be speaking at the Silicon Flatirons "Content
Conference: Innovation and Incentives in the Creative Arts" on March 3, 2016 at University of
Colorado School of Law.
JAY-Z'S TIDAL MUSIC STREAMING SERVICE HIT WITH $5 MILLION COPYRIGHT

LAWSUIT
via Fortune by Kia Kokalitcheva on 2/29/2016
URL: http://fortune.com/2016/02/29/tidal-copyright-lawsuit/
Company denies any wrongdoing. In a twist of irony, Tidal, the music streaming service owned
by Jay-Z and touting its pro-music artist model, is now ...
- 256 -
March 2016
THE MARCH TOWARD DEMOCRATIZATION OF COPYRIGHT

via Law360: Intellectual Property by Sam P. Israel on 3/1/2016
Copyright law was always designed to balance the interests of creators against the public good of
having creations eventually enter the public sphere. For many years, the application of copyright
protection tended toward the preservation of economic interests of authors. However, tides are
turning, says New York trial and appellate attorney Sam Israel.
TIDAL LAWSUIT: IS JAY Z'S MUSIC-STREAMING SERVICE RIPPING OFF ARTISTS

AND INFRINGING COPYRIGHT?
via International Business Times by Oliver Gragg on 3/1/2016
URL: http://www.ibtimes.co.uk/tidal-lawsuit-jay-zs-music-streaming-service-ripping-off-artists-
infringing-copyright-1546845
The Tidal dream may be over already. Jay Z's music-streaming has been accused of not paying
royalties and infringing artist copyright, in a legal ...
CBS MOVES TO NIX PRE-1972 SUITS, CITING REMASTERED SONGS

CBS is asking judges in California and New York to toss out lawsuits seeking royalties for pre-
1972 songs, doubling down on the argument that the “remastered” versions it plays on the radio
aren’t even pre-1972 songs in the first place.
LMFAO BOMBSHELL? RICK ROSS' 'HUSTLIN' COPYRIGHT UNDER EXAMINATION

via The Hollywood Reporter by Eriq Gardner on 3/1/2016
URL: http://www.hollywoodreporter.com/thr-esq/lmfao-bombshell-rick-ross-hustlin-871698
After review, Register of Copyrights Maria Pallante threw a wrench into the ongoing dispute
between Rick Ross and LMFAO with word that her office ...
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Joshua L. Simmons
MARCH 18TH CONFERENCE: A COPYRIGHT OFFICE FOR THE 21ST CENTURY

via CPIP on 3/1/2016
URL: http://cpip.gmu.edu/2016/03/01/march-18th-conference-a-copyright-office-for-the-21st-
century/
On Friday, March 18th, a conference will be held at the U.S. Capitol Visitor Center in
Washington, D.C., entitled “A Copyright Office for the 21st Century.” Experts from industry,
academia, and government will come together to discuss various options for modernizing the
U.S. Copyright Office so that it can best serve all of its stakeholders–including … Continue
reading March 18th Conference: A Copyright Office for the 21st Century ?
RICK ROSS' 'EVERYDAY I'M HUSTLIN' COPYRIGHT QUESTIONED IN LMFAO

LAWSUIT
via EurWeb on 3/1/2016
URL: http://www.eurweb.com/2016/03/rick-ross-everyday-im-hustlin-copyright-questioned-in-
lmfao-lawsuit/
After review, Register of Copyrights Maria Pallante said her office should have refused to grant
all three of the registrations. According to her letter, the ...
INFINITE POSSIBILITIES – THE U.S. CHAMBER INTERNATIONAL IP INDEX, 4TH

EDITION
via Global Intellectual Property Center by Kathryn Sullivan on 3/1/2016
URL: http://www.theglobalipcenter.com/infinite-possibilities-the-u-s-chamber-international-ip-
index-4th-edition/
The 4th Edition of the U.S. Chamber International IP Index, Infinite Possibilities, maps the IP
environment in 38 economies around the world, collectively accounting for nearly 85% of global
gross domestic product (GDP). Each economy’s score is based upon 30 indicators spread across
six categories – Patents, Copyrights, Trademarks, Trade Secrets, Enforcement, and International
Treaties. Infinite Possibilities re-evaluates IP policies in the 30 economies from the 3rd edition
and also includes 8 new economies: Algeria, Brunei, Ecuador, Israel, Italy, Poland, Sweden, and
Venezuela. Additionally, the Index includes six new correlations on the relationship between
strong IP rights and socio-economic benefits: access to finance, high-quality human capital,
foreign direct investment attractiveness, inventive activity, advanced technology markets, and
streamlined and enhanced access to creative content.
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3/24: COLUMBIA UNIVERSITY MANGES LECTURE ON "COPY WRITE: THE AUTHOR

SURVIVAL GUIDE"
The Kernochan Center for Law, Media, and the Arts at Columbia University Law School will
hold its 29th Annual Horace S. Manges Lecture on March 24th 6:15 pm.
GOOGLE LATEST STREAMER TARGETED OVER MECHANICAL ROYALTIES

Google Inc. was hit with a proposed class action Tuesday in New York federal court accusing
the company of failing to pay mechanical royalties for its Google Play Music streaming service,
a lawsuit similar to ones lobbed against streaming rivals Spotify and Tidal in recent months.
ALSUP CLAMPS DOWN ON WEB RESEARCH INTO ORACLE-GOOGLE JURY POOL

URL: http://www.law.com/sites/articles/2016/03/02/alsup-clamps-down-on-web-research-into-
potential-googacle-jurors/
In an extraordinary order, U.S. District Judge William Alsup said he's considering a total
blackout on Internet investigation of jurors selected for the high-stakes copyright trial between
Oracle and Google.
COPYRIGHT FOR ENGINEERED DNA (PART 2)

via Lexology by Chris Holman on 3/1/2016
URL: http://www.lexology.com/library/detail.aspx?g=02d4fa58-42f9-4a4e-b6e2-9cd1b9926f38
With the United States Supreme Court ruling in Myriad, the enforceability of certain claims in
existing gene patents and the broader patentability of ...
KANYE WEST CAUGHT VISITING PIRATE BAY—POSSIBLY TO DOWNLOAD MUSIC

SOFTWARE
via Ars Technica by Sebastian Anthony on 3/2/2016
URL: http://arstechnica.com/business/2016/03/kanye-west-caught-using-pirate-bay-to-
download-music-software/
"What the f--k, Kanye ... Can't afford Serum? Dick," says software co-owner Deadmau5.
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Joshua L. Simmons
MALAWI AWAITS REVIEWED COPYRIGHT LAW

via Intellectual Property Watch by Munyaradzi Makoni on 3/2/2016
URL: http://www.ip-watch.org/2016/03/02/malawi-awaits-reviewed-copyright-law/
Artists in Malawi are hopeful that the Copyright Bill, drafted four years ago, will be discussed
when the parliament meets in the first quarter of this year, paving a way to plug unauthorised use
of works that they say has led to massive loss of revenue.
TPP IS OBAMA’S TOP TRADE PRIORITY FOR 2016

URL: http://www.ip-watch.org/2016/03/02/tpp-is-obamas-top-trade-priority-for-2016/
Passage of the Trans-Pacific Partnership agreement is the Obama administration's top trade
priority this year, the Office of the United States Trade Representative said in its annual trade
agenda released today. The agenda highlights intellectual property protection but also says all the
right things on copyright limitations and exceptions, safe harbor for internet service providers,
and the ability of countries to use flexibilities under international trade law.
SEX TOY COS. STILL CROSSING SWORDS OVER COPYRIGHT VERDICT

Two rival sex toy makers embroiled in a copyright infringement case involving dildos and girth-
enhancement products fired off opposing post-trial replies on Monday in California federal court,
seeking either a new trial or a partial reversal of a jury’s verdict.
8TH CIRCUIT CLARIFIES REACH OF COPYRIGHT ACT IN PREEMPTING RIGHT OF

PUBLICITY CLAIMS
via Lexology by Kathryn J. Fritz & Ciara N. Mittan on 3/2/2016
URL: http://www.lexology.com/library/detail.aspx?g=cc336cf0-4b61-4e1d-871b-1a2f8ea40425
NFL Films, Inc., as an example where a right of publicity claim was not preempted because a
copyrighted voice recording originally used in an NFL ...
GOOGLE, ORACLE CAN'T SLOW PROCESS TO STUDY JURORS' FACEBOOK

Google and Oracle attorneys won’t be allowed to use a questionnaire to vet potential jurors
ahead of a May copyright infringement trial, a California federal judge ruled Tuesday, saying the
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parties may just be trying to slow jury selection to allow their investigators extra time to search
jurors’ Facebook and other social media accounts.
COPYRIGHT SMALL CLAIMS WHITE PAPER RELEASED BY VISUAL ARTS

ASSOCIATIONS
via Virtual-Strategy Magazine on 3/2/2016
URL: http://www.virtual-strategy.com/2016/03/02/copyright-small-claims-white-paper-released-
visual-arts-associations
While there has been a great deal of discussion recently about the possibility of Congress
creating a small claims process for visual arts, several visual ...
COPYRIGHT DISAGREEMENT BETWEEN EDUCATIONAL SECTOR AND WRITERS

ONGOING
via Hill Times by John Degen on 3/2/2016
URL: http://www.hilltimes.com/2016/03/02/copyright-disagreement-between-educational-
sector-and-writers-ongoing/52640/45494
'Boiled down, the concern is this—Canada's writers and publishers must be paid when our work
is copied and republished as educational course ...
YOUTUBE RIVALS WRAP UP TRIAL OVER WHAT’S A FAIR USE PARODY

The producers of a YouTube web-series poking “crass” fun at viral Internet videos told a
California jury during closing statements Wednesday their videos are fair use-protected parodies,
so they shouldn’t have to pay license fees demanded by a rival whose content they used.
DID CAMPBELL V ACUFF-ROSE FIND 2 LIVE CREW’S SONG TO BE FAIR USE?

URL: http://www.copyhype.com/2016/03/did-campbell-v-acuff-rose-find-2-live-crews-song-to-
be-fair-use/
Last week, a group of organizations including the Association of Research Libraries, EFF, and
Public Knowledge celebrated “Fair Use Week.” As part of the celebration, a trio of writers and
illustrators released a comic book explaining the Supreme Court’s 1994 Campbell v. Acuff-Rose
decision. Campbell v. Acuff-Rose is the most recent Supreme Court decision on […]
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Joshua L. Simmons
SPORTS PHOTOGS CAN'T EXPAND DISCOVERY IN IP ROW, COURT TOLD

Sports memorabilia retailer Event USA Corp. hit back against the “grotesquely overbroad”
discovery requests of two sports photographers accusing it of illegally selling memorabilia
featuring their photos, telling a Wisconsin federal court Wednesday that the requests fall outside
the scope of discovery that has already been set.
GOOGLE, ORACLE SETTING UP JURORS TO FAIL IN API COPYRIGHT RETRIAL,

JUDGE SAYS
URL: http://arstechnica.com/tech-policy/2016/03/google-oracle-setting-up-jurors-to-fail-in-api-
copyright-retrial-judge-says/
Loser may impeach verdict "by investigating the jury to find some 'lie' or omission."
FOX OWES $1.5B FOR STEALING 'EMPIRE' FROM NOVEL, SUIT SAYS
Twentieth Century Fox is facing another intellectual property lawsuit over its smash hit
“Empire,” this time from an author who says the show was based on his 2007 novel and claims
Fox owes him $1.5 billion as a result.
YOUTUBE WANTS TO FIX ITSELF? HERE’S ONE SUGGESTION…

URL: http://voxindie.org/youtube-wants-to-fix-itself-heres-a-suggestion/
Why doesn’t YouTube make it easier for people to work things out when there’s a dispute over
content? Every week it seems there’s a new headline bemoaning content that has been
mistakenly removed from YouTube due to bogus copyright claims. This so-called “takedown
abuse” makes for good headlines, but per usual, there’s much more to […]
FAIR USE VERDICT TO STAY SEALED AS YOUTUBE RIVALS SETTLE

via Law360: Intellectual Property by Daniel Siegal on 3/3/2016
The producers of a YouTube Web-series poking “crass” fun at viral Internet videos and a rival
whose content they used reached a confidential settlement late Wednesday, shortly before a
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California federal jury returned a now-sealed verdict on whether the series was fair use-
protected.
YOUTUBE TRIAL: JUROR SAYS YOUTUBER'S INCORPORATION OF UNLICENSED

CLIPS IS NOT FAIR USE
URL: http://www.hollywoodreporter.com/thr-esq/youtube-trial-juror-says-youtubers-872610
A confidential settlement made during deliberation makes the jury's verdict moot.
NPPA AND OTHER VISUAL ARTS ASSOCIATIONS RELEASE COPYRIGHT SMALL

CLAIMS WHITE PAPER
via NPPA on 3/2/16
URL: https://nppa.org/news/nppa-and-other-visual-arts-associations-release-copyright-small-
claims-white-paper
Seven visual arts associations,including NPPA, release proposal to Congress for copyright small
claims legislation
WORK-FOR-HIRE CLAUSES AND AGREEMENTS: ONE KEY TO INTELLECTUAL

PROPERTY OWNERSHIP
via Lexology by David O. Klein on 3/4/2016
URL: http://www.lexology.com/library/detail.aspx?g=52c64372-da24-4b12-9064-ffd5a12b35e1
Works made for hire are deemed authored by the employer (or party hiring the independent
contractor) for copyright purposes, rather than by the ...
YOUTUBE TAKES DOWN UBER ATTACK ADS AFTER MEARS COPYRIGHT

COMPLAINT
via Orlando Sentinel by Gray Rohrer on 3/4/2016
URL: http://www.orlandosentinel.com/news/politics/political-pulse/os-youtube-uber-ad-mears-
blocked-story.html
Uber's ad attacking Senate President Andy Gardiner for allegedly blocking a ride-hailing bill it
favors has been taken down by ...
- 263 -
Joshua L. Simmons
JUKIN MEDIA, EQUALS THREE SETTLE YOUTUBE VIRAL-VIDEO COPYRIGHT

LAWSUIT
via Variety by Todd Spangler on 3/4/2016
URL: http://variety.com/2016/digital/news/jukin-media-equals-three-lawsuit-settlement-
1201722778/
After Jukin had submitted YouTube takedown notices under the Digital Millennium Copyright
Act for several Equals Three videos, Equals Three in ...
MCGRAW-HILL SUES AIG UNIT FOR COVERAGE OF COPYRIGHT SUITS

via Law360: Intellectual Property by Jeff Sistrunk on 3/4/2016
Textbook publisher McGraw-Hill Education Inc. sued an American International Group unit
Friday in Illinois federal court, claiming the insurer has flouted its obligation to cover settlements
in copyright infringement suits alleging McGraw-Hill has misused photos in its publications.
2ND CIRC. SPOKE VOLUMES FOR GOOGLE BOOKS, HIGH COURT TOLD
Google Inc. urged the Supreme Court on Tuesday to leave intact a November ruling that upheld
the legality of Google Books, saying the Second Circuit correctly concluded that the book search
project constitutes fair use and doesn’t infringe on Authors Guild copyrights.
WHY THE RAUSCHENBERG FOUNDATION'S EASING OF COPYRIGHT

RESTRICTIONS IS GOOD FOR ART AND JOURNALISM
via Los Angeles Times by Carolina A. Miranda on 3/4/2016
URL: http://www.latimes.com/entertainment/arts/miranda/la-et-cam-robert-rauschenberg-
foundation-copyright-20160304-column.html
Last week, the Robert Rauschenberg Foundation in New York announced that it would ease
copyright restrictions on art belonging to the artist.
ROBERT RAUSCHENBERG FOUNDATION BRINGS COPYRIGHT LAW INTO 21ST

CENTURY
via OPB by Aaron Scott on 3/4/2016
URL: http://www.opb.org/artsandlife/article/robert-rauschenberg-foundation-copyright-law/
The iconoclastic artist Robert Rauschenberg was well known for pushing art world boundaries.
He said he wanted to work “in the gap between art and ...
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WHERE DID MARKETING GET THAT CONTENT?

via Law360: Intellectual Property by Jed Enlow on 3/7/2016
Your marketing department likely has a team of people with easy access to a massive quantity of
third-party visual content. They expect to get those materials for free, and they might not even
understand that they need to obtain rights in them. They release content worldwide,
instantaneously, as frequently as possible, with little to no time for anyone to review and ask
questions, says Jed Enlow, of counsel with Leavens Strand & Glover LLC and production
attorney for the “Steve Harvey” show.
HONG KONG GOVERNMENT DROPS COPYRIGHT BILL

via World Intellectual Property Review on 3/7/2016
URL: http://www.worldipreview.com/news/hong-kong-government-drops-copyright-bill-9658
According to Channel NewsAsia, the copyright bill has been dropped to the bottom of the
legislative agenda after the LegCo, Hong Kong's legislature, ...
MANHATTAN STUFFED TEDDY BEAR DESIGNER SUED RALPH LAUREN

CORPORATION FOR COPYRIGHT ...
via Lawyer Herald on 3/7/2016
URL: http://www.lawyerherald.com/articles/37468/20160307/manhattan-stuffed-teddy-bear-
designer-sued-ralph-lauren-corporation-copyright-infringement.htm
Designer Ralph Lauren greets the audience at the Ralph Lauren Fall 2016 fashion show during
New York Fashion ...
HIGH COURT WON'T HEAR BATMOBILE COPYRIGHT CASE

The U.S. Supreme Court said Monday it would not review a Ninth Circuit ruling that the
Batmobile is a copyrightable character owned by Warner Bros. Entertainment Inc., leaving in
place an infringement ruling against a carmaker who sold replicas of Batman's iconic ride.
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Joshua L. Simmons
POW! SUPREME COURT REJECTS APPEAL IN BATMOBILE COPYRIGHT CASE

via NBC News on 3/7/2016
URL: http://www.nbcnews.com/news/us-news/pow-supreme-court-rejects-appeal-batmobile-
copyright-case-n533451
The U.S. Supreme Court is staying out of a copyright dispute involving a California man who
produced replicas of the Batmobile for ...
FOREIGN COPYRIGHT HOLDERS COULD MORE ACTIVELY PROTECT IP IN RUSSIA

via Intellectual Property Watch by Eugene Gerden on 3/7/2016
URL: http://www.ip-watch.org/2016/03/07/foreign-copyright-holders-could-more-actively-
protect-ip-in-russia/
Russia is continuing to strengthen its national legislation in the field of intellectual property,
through the provision of means for foreign copyright holders to more actively protect their
intellectual property in Russia and the elimination of bureaucratic hurdles, according to official
sources.
SUPREME COURT WON'T HEAR BATMOBILE, APPLE E-BOOKS DISPUTES

URL: http://www.hollywoodreporter.com/thr-esq/supreme-court-wont-hear-batmobile-873092
The high court won't jumpstart a review of copyright or antitrust laws.
IN DEFENSE OF AN OPEN SOURCE SYSTEM OF CITATION

via Fordham Intellectual Property, Media & Entertainment Law Journal by Tim Carter on
3/7/2016
URL: http://www.fordhamiplj.org/2016/03/07/in-defense-of-an-open-source-system-of-citation/
The Bluebook: comically elaborate, grotesque, and seemingly indispensable. Among an ever-
growing list of complimentary terms, the authoritative legal citation system was most recently
called “the most boring piece of intellectual property imaginable.” Both the origins of the
Bluebook as well as the extent to which its copyright extends are currently up for debate.
COPYRIGHT AND THE US PRIMARIES: FROM ADELE TO NEIL YOUNG, WHY DO

ARTISTS KEEP GETTING BERNED BY ...
via Lexology by Siao-Sun Hoon on 3/7/2016
URL: http://www.lexology.com/library/detail.aspx?g=cbdb2473-bf9a-45d2-a184-ee521ee690a9
From Trump to Clinton to Cruz, there is no presidential campaign that doesn't involve the
candidate strutting onto the stage to an 'inspirational' song.
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JUDGE HALTS ARETHA FRANKLIN DOC RELEASE BUT NEGOTIATIONS CONTINUE

URL: http://www.hollywoodreporter.com/thr-esq/judge-halts-aretha-franklin-doc-873163
The injunction is not intended to kill the documentary, but to save time, money and court
resources while Franklin and 'Amazing Grace' producer Alan Elliot come to terms on a deal.
SUPREME COURT STAYS OUT OF BATMOBILE CASE, A VICTORY FOR DC COMICS'

COPYRIGHT CRUSADE
via Los Angeles Times by Ryan Faughnder on 3/7/2016
URL: http://www.latimes.com/entertainment/envelope/cotown/la-et-ct-supreme-court-batmobile-
copyright-20160307-story.html
Pow! Zap! Bam! DC Comics has won its crusade against Batmobile duplicates. The comic book
publisher's legal battle with a Temecula mechanic over ...
CSS AND HTML CODE MAY BE COPYRIGHTABLE–MEDIA.NET V. NETSEER

via Technology & Marketing Law Blog by Venkat Balasubramani on 3/7/2016
URL: http://blog.ericgoldman.org/archives/2016/03/css-and-html-code-may-be-copyrightable-
media-net-v-netseer.htm
Media.net and Netseer both offer contextual advertising services. Their clients place ad units on
their website and, when visitors click on ads, they are taken to a “search results” page. Media.net
accused Netseer of copyright infringement and various state law...
ABC HIT WITH COPYRIGHT SUIT OVER PAPARAZZO'S ANTHONY WEINER VIDEO
URL: http://www.hollywoodreporter.com/thr-esq/abc-hit-copyright-suit-paparazzos-873289
A photographer says his 2013 video of Anthony Weiner was used by ABC without his
permission.
PHOTOG SUES ABC NEWS OVER USE OF ANTHONY WEINER VIDEO

A New York City-based photographer sued ABC News for alleged copyright infringement
Monday, saying the outlet broadcast his unique footage of disgraced former lawmaker Anthony
Weiner without permission.
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PROTECTING A CHARACTER UNDER COPYRIGHT: SUPREME COURT DENIAL IN

BATMOBILE CASE LEAVES TEST INTACT
URL: http://www.bna.com/protecting-character-copyright-b57982068218/
Thanks to the Supreme Court, the Batmobile still stands. As a literary character, that is. On
March 7, the high court declined a petition to review DC ...
GOOGLE COPYRIGHT TAKEDOWN REQUESTS JUMP TO 76 MILLION IN PAST

MONTH
via cNet by Lance Whitney on 3/7/2016
URL: http://www.cnet.com/news/google-copyright-takedown-requests-jump-to-75-million-over-
past-month/
Google has seen a surge in takedown requests for copyrighted material. ... on search results that
link to material that allegedly infringes copyright.
GOOGLE'S LAWYERS AGREE NOT TO GOOGLE JURORS

URL: http://www.law.com/sites/articles/2016/03/08/googles-lawyers-agree-not-to-google-jurors/
So long as the ban applies equally, Robert Van Nest said his side has no objection to a rule
prohibiting Internet research into potential jurors in Oracle-Google copyright trial.
ORACLE, GOOGLE JOCKEY OVER JURY INSTRUCTIONS

URL: http://www.law.com/sites/articles/2016/03/08/oracle-google-jockey-over-jury-instructions/
With retrial looming before Judge William Alsup, Google wants to tweak the road map provided
by the Federal Circuit in its 2014 opinion.
EIGHTH CIRCUIT TELLS FORMER NFL PLAYERS: YOUR RIGHT OF PUBLICITY

CLAIMS ARE PREEMPTED BY THE ...
via Lexology by Andreas Becker on 3/8/2016
URL: http://www.lexology.com/library/detail.aspx?g=b0b8deb3-dd48-45cb-ae47-9e9ac28c52d4
Most notable in the Eighth Circuit's order is its determination that the players' right of publicity
claims were preempted by the Copyright Act. To ...
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PROBLEMS IN COPYRIGHT RULING ON 9/11 PHOTO

via Law360: Intellectual Property by Michael D. Rips on 3/8/2016
The New York federal court’s copyright ruling in North Jersey Media v. Fox News, which now
stands as precedent after Fox settled just before trial, is that it undermines a central paradigm of
constitutional law — the free marketplace of ideas, says Michael Rips of Steptoe & Johnson
LLP.
NEW LEGISLATION ENHANCES US CUSTOMS AND BORDER PROTECTION'S

ENFORCEMENT OF IP RIGHTS
via World Trademark Review on 3/8/2016
URL: http://www.worldtrademarkreview.com/Daily/detail.aspx?g=eb483829-c26d-4e86-9a41-
ac9596198713
Title III of the act focuses on IP protection and provides for a number of enhanced enforcement
directives that will assist trademark and copyright ...
UNIVERSAL, JESSIE J STOLE POP HIT ‘DOMINO’, 9TH CIRC. TOLD

A California indie rocker urged the Ninth Circuit Tuesday to revive his lawsuit alleging
Universal Music Group and pop star Jessie J ripped off his song for their hit "Domino," arguing
the pop hit’s writers had access to his song through Universal.
GOOGLE OK WITH POTENTIAL BAN ON INTERNET SEARCH OF JURORS

Google Inc. on Tuesday told a California federal judge that it wouldn't oppose a potential court
order preventing it and Oracle America Inc. from studying potential jurors' social-media
accounts before a verdict is reached in an upcoming copyright infringement trial.
COPYRIGHT LAW IN CAMBODIA: LIMITATIONS FOR FOREIGN RIGHTS HOLDERS

via Lexology by Sokmean Chea & Chandavya Ing on 3/9/2016
URL: https://www.lexology.com/library/detail.aspx?g=3717869b-1ea5-49ee-825f-d9052f3cc648
Copyright owners often mistakenly believe that the copyrights they hold in other jurisdictions
will also be automatically protected under Cambodian ...
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Joshua L. Simmons
TRUNKI LOSES DESIGN COPYRIGHT BATTLE AT SUPREME COURT

via Evening Standard by Zlata Rodionova on 3/9/2016
URL: http://www.standard.co.uk/business/trunki-loses-design-copyright-battle-at-supreme-court-
a3199391.html
Children's ride-on suitcase brand Trunki has lost its Supreme Court battle against a rival over
intellectual property rights. Parent company ...
STRUCK CLAIMS TO COPYRIGHT INFRINGEMENT AND PASSING OFF SENT BACK

TO THE FEDERAL COURT FOR RE ...
via Lexology by Chantal Saunders et al. on 3/9/2016
URL: http://www.lexology.com/library/detail.aspx?g=a980454a-20ec-48ac-ae86-75331f84ae62
The appellant is the owner and publisher of an Indian Punjabi-language daily newspaper called
the "Ajit Daily", a paper that has been published in ...
GOOGLE, WAZE BEAT RIVAL'S COPYRIGHT CLAIMS IN ROUND 2

Google Inc. and its Waze unit cleared a hurdle in competitor PhantomALERT’s suit alleging the
pair stole its copyrighted traffic database when a California federal judge on Tuesday dismissed
the suit a second time, telling PhantomALERT to elaborate on its claims Google copied its work.
EXCITEMENT OVER LIBRARIAN NOMINEE IS NOT AN EXCUSE TO MISLEAD.

URL: http://illusionofmore.com/librarian-nominee-excuse-to-mislead/
The February nomination of Dr. Carla Hayden by President Obama to the position of Librarian
of Congress was apparently cause for excitement among many of the usual suspects who write in
opposition to copyright. Because the Copyright Office operates within … Continue reading ?
GOOGLE SAYS IT WON’T GOOGLE JURORS IN UPCOMING ORACLE API COPYRIGHT

TRIAL
URL: http://arstechnica.com/tech-policy/2016/03/google-says-it-wont-google-jurors-in-
upcoming-oracle-api-copyright-trial/
Oracle worried Google might research jurors' Gmail, ad-viewing, browsing history.
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SUPREME COURT WON’T TINKER WITH RULING GIVING COPYRIGHT TO THE

BATMOBILE
URL: http://arstechnica.com/tech-policy/2016/03/supreme-court-wont-tinker-with-ruling-giving-
copyright-to-the-batmobile/
The Batmobile is for Batman and Robin, unless you get a license from DC Comics.
RHAPSODY HIT WITH $150M COPYRIGHT INFRINGEMENT SUIT BY BAND

Rock band Camper Van Beethoven has hit Rhapsody International Inc. with a proposed class
action in California federal court, seeking $150 million for the music streaming service’s alleged
copyright infringement, after the band’s front man recently launched a similar suit against
Spotify USA Inc.
COPYRIGHT OFFICE PUTS IT MODERNIZATION INTO HIGH GEAR

via GCN by Amanda Ziadeh on 3/9/2016
URL: https://gcn.com/articles/2016/03/09/copyright-office-modernization.aspx
For several years, the U.S. Copyright Office has been planning a modern copyright infrastructure
that can accommodate both present and future needs ...
IP GROUP TO JUSTICES: AX STRICT RULES FOR COPYRIGHT ROW FEES

via Law360: Intellectual Property by Adam Sege on 3/9/2016
An association of intellectual property owners has urged the U.S. Supreme Court to reject
“formulaic” approaches to determining whether attorneys’ fees should be awarded in copyright
cases, saying the standard used by the Second Circuit in denying fees to a Thai college student is
not consistent with precedent.
BEASTIE BOYS GET FEES IN COPYRIGHT INFRINGEMENT SUIT

The Beastie Boys and their record label won $845,000 in attorneys’ fees and costs after defeating
a copyright infringement suit filed by a litigious record label, with a New York federal judge
saying Wednesday that the label hadn’t properly traced whether it had the rights to the music.
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Joshua L. Simmons
SYNOPSYS WINS $30 MILLION JURY VERDICT IN COPYRIGHT TRIAL

URL: http://www.law.com/sites/articles/2016/03/10/synopsis-wins-30-million-jury-verdict-in-
copyright-trial/
Jury sided with company and its Jones Day legal team in suit against ATopTech.
AUSTRALIAN MEDIA BODY TO DRIVE ANTI-PIRACY CAMPAIGN

via Australia Network on 3/10/2016
URL: http://www.australianetworknews.com/australia-anti-piracy-campaign/
The organisation works for the promotion of copyright, creative rights, piracy research and
education. In the rebranding exercise, the erstwhile IP ...
AN AWARENESS CRUSADE AGAINST THE ONLINE PIRACY OF BOOKS

via IPWatchdog.com | Patents & Patent Law by Rhonda Rees on 3/10/2016
URL: http://www.ipwatchdog.com/2016/03/10/crusade-against-online-piracy/id=66902/
According to the Association of American Publishers, the publishing industry as a whole has lost
$80 to $100 million dollars to online piracy annually. From 2009 to 2013, the number of e-book
Internet piracy alerts that the Authors Guild of America has received from their membership had
increased by 300%. During 2014, that number doubled. I’m certain that in 2016, the statistics
will go even higher. The post An Awareness Crusade Against the Online Piracy of Books
appeared first on...
PHOTOG HITS CBS SPORTS NETWORK OVER UNLV FOOTBALL COACH PIC
A Las Vegas photographer says the CBS Sports Network showed his photograph of the
University of Nevada Las Vegas football coach without permission during a nationally broadcast
game against Northern Illinois, according to a suit filed in New York federal court Wednesday.
FOX, WILLIAM MORRIS WIN FEES AFTER BEATING 'NEW GIRL' IP SUIT
A California federal judge awarded about $800,000 in attorneys' fees and costs to 21st Century
Fox, William Morris Endeavor Entertainment LLC, the creator of "New Girl" and others
Wednesday after they defeated a copyright lawsuit over the sitcom's genesis.
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WEBCASTING RULING SENT TO COPYRIGHT REGISTER FOR APPEALS PROCESS

URL: http://www.billboard.com/articles/business/7021125/webcasting-ruling-copyright-register
The Copyright Royalty Board, which issued its final determination on March 4, has sent that
decision to the U.S. Copyright Office Register for legal ...
HOW GOOGLE COULD REDUCE ITS MASSIVE TAKEDOWN NUMBERS

URL: http://voxindie.org/how-google-could-reduce-its-massive-takedown-numbers/
Instead of griping about growing flood of takedowns, why doesn’t Google change its approach?
Poor Google….bad, bad copyright holders….that’s essentially the subtext beneath headlines that
scream, “Google received over 75 million copyright takedown requests in February-The
company is processing over 100,000 links each and every hour.” My response–why not try a
different approach? The massive number […]
COPYRIGHT LAW HAS A FREE SPEECH PROBLEM

via The Recorder by John Tehranian on 3/10/2016
URL: http://www.therecorder.com/home/id=1202751918378/Copyright-Law-Has-a-Free-
Speech-Problem?mcode=1202619127239&curindex=1&slreturn=20160213154859
Latino celebrities Noelia Lorenzo Monge and Jorge Reynoso had a problem on their hands.
Secretly wed in a Las Vegas ceremony in 2007, the ...
SYNOPSYS WINS $30 MILLION JURY VERDICT IN COPYRIGHT TRIAL

via The Recorder by Ross Todd on 3/10/2016
URL: http://www.therecorder.com/id=1202751933488/Synopsys-Wins-30-Million-Jury-Verdict-
in-Copyright-Trial
After a two-week trial, the San Francisco jury found that ATopTech infringed copyrights
associated with Synopsys' electronic design automation ...
NFL PREVAILS OVER RETIRED NFL PLAYERS' SUIT INVOLVING USE OF GAME
FOOTAGE
via Lexology by Regina Vogel Culbert on 3/11/2016
URL: https://www.lexology.com/library/detail.aspx?g=a8584e5e-b892-4028-b89e-aef2948f3943
Last week, the Eighth Circuit held that the Copyright Act pre-empted the ... of-publicity suit
challenging the use of a copyrighted work in a commercial ...
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Joshua L. Simmons
8TH CIRC. CLARIFIES COPYRIGHT PREEMPTION ISSUES IN NFL CASE

via Law360: Intellectual Property by Kathryn J. Fritz & Ciara N. Mittan on 3/11/2016
Courts around the country have long struggled to define and articulate, with any uniformity,
whether and in what circumstances the Copyright Act preempts a right-of-publicity claim. The
Eighth Circuit’s recent opinion in Dryer v. NFL signals a shift to a better articulated standard,
one that other district and circuit courts should follow, say Kathryn Fritz and Ciara Mittan of
Fenwick & West LLP.
AN INTERVIEW WITH MICKEY OSTERREICHER, GENERAL COUNSEL OF THE NPPA

via PetaPixel by Micahel Zhang on 3/7/16
URL: http://petapixel.com/2016/03/07/an-interview-with-mickey-osterreicher-general-counsel-
of-the-nppa/
Mickey H. Osterreicher is a lawyer who has served as General Counsel of the National Press
Photographers Association (NPPA) since 2006.
FORMER NFL PLAYERS' RIGHT OF PUBLICITY CLAIMS GET SIDELINED—WILL WE

HEAR FROM THE REPLAY ...
via Lexology by J. Michael Keyes on 3/11/2016
URL: http://www.lexology.com/library/detail.aspx?g=46577816-c103-487b-a0f5-562e7b7cd90f
The Eighth Circuit held that the right of publicity claims were “preempted” by Section 301 of the
Copyright Act. According to the Court, a state law claim ...
SCHMITZ ON THE STRUGGLE IN ONLINE COPYRIGHT ENFORCEMENT

via Media Law Prof Blog by Christine A. Corcos on 3/11/2016
URL: http://lawprofessors.typepad.com/media_law_prof_blog/2016/03/schmitz-on-the-struggle-
in-online-copyright-enforcement.html
Sandra VI Schmitz has published The Struggle in Online Copyright Enforcement: Problems and
Prospects (Hart Publishing, 2015). Here is a description of the contents from the publisher's
website. How are copyright infringements on the Internet responded to? This study outlines...
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VANCOUVER AQUARIUM UNCOVERED DIRECTOR CLAIMS USE OF AQUARIUM

FOOTAGE NOT COPYRIGHT INFRINGEMENT
via CBC News by Jason Proctor on 3/11/2016
URL: http://www.cbc.ca/news/canada/british-columbia/filmmaker-responds-to-vancouver-
aquarium-in-documentary-lawsuit-1.3488265
But in his response, Charbonneau claims any use of the "allegedly copyrighted material" is "fair
dealing for the purpose of research and education.".
SECOND CIRCUIT TOSSES OUT TIME-BARRED COPYRIGHT CLAIMS AGAINST JAY

Z
via Intellectual Property, Patent, Trademark & Copyright News by Toni Qiu on 3/12/2016
URL: http://www.natlawreview.com/article/second-circuit-tosses-out-time-barred-copyright-
claims-against-jay-z
Last month, the Second Circuit Court of Appeals affirmed a New York judge’s decision to
dismiss federal copyright and state tort law claims alleged against the hip-hop icon, Jay Z, and
his affiliated companies.
PRIVATE LAW & IP CONFERENCE AT HARVARD LAW SCHOOL — YONATHAN

ARBEL
via New Private Law by Yonahthan Arbel on 3/12/2016
URL: http://blogs.harvard.edu/nplblog/2016/03/12/private-law-ip-conference-at-harvard-law-
school-yonathan-arbel/
Over this weekend, The Project on the Foundations of Private Law held a very successful
conference at Harvard Law School on the interface between private law and IP. We were
delighted to host some of the leading experts in the field who presented deeply intellectual work
on a variety of issues ranging […]
WHAT HAPPENED WHEN VIETNAM'S NATIONAL BROADCASTER WAS CAUGHT

PINCHING YOUTUBE VIDEOS
via BBC News on 3/12/2016
URL: http://www.bbc.com/news/blogs-trending-35785996
The case is being reviewed by Vietnam's official copyright authority. However, Tuan says,
VTV's television channel is still continuing to use his footage ...
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Joshua L. Simmons
ORACLE IS READY TO REVEAL 'BOMBSHELL' DETAILS ABOUT GOOGLE'S

ANDROID BUSINESS
via Business Insider by Julie Bort on 3/13/16
URL: http://www.businessinsider.com/oracle-to-reveal-details-about-android-2016-3
The next round of Oracle's copyright lawsuit against Google over Android will begin on May 9,
and we can expect to be treated to a lot of "bombshells" ...
PARAMOUNT CLAIMS CROWDFUNDED 'STAR TREK' FILM INFRINGES COPYRIGHT

TO KLINGON LANGUAGE
URL: http://www.hollywoodreporter.com/thr-esq/paramount-claims-crowdfunded-star-trek-
874985
The film studio details what in the "Star Trek" universe is protected by law.
SCOTUS SHOULD ADOPT FLEXIBLE, CASE-SPECIFIC APPROACH TO ATTORNEYS’

FEE AWARDS IN COPYRIGHT CASES
via IPWatchdog.com | Patents & Patent Law by Gunnar Gundersen on 3/14/2016
URL: http://www.ipwatchdog.com/2016/03/14/scotus-attorneys-fee-awards-copyright-
cases/id=67021/
The IPO recently filed an amicus brief at the Supreme Court in Kirtsaeng v. John Wiley & Sons,
Inc. supporting a flexible approach to awarding attorneys’ fees. Oral argument is currently
scheduled for April 25, 2016. This case presents an important opportunity for the Supreme
Court—consistent with its holding in Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 (1994)—to
resolve a circuit split regarding how to weigh equitable factors in awarding attorneys’ fees in
copyright cases. Attorneys’...
4/18: SYMPOSIUM ON MORAL RIGHTS SPONSORED BY COPYRIGHT OFFICE AND

GEORGE MASON
SAVE THE DATE! Monday, April 18, 2016: Authors, Attribution, and Integrity: Examining
Moral Rights in the United States
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CATCH 22: FAIR USE AND DMCA TAKEDOWNS

via Fordham Intellectual Property, Media & Entertainment Law Journal by Dylan Helfand on
3/14/2016
URL: http://www.fordhamiplj.org/2016/03/14/catch-22-fair-use-and-dmca-takedowns/
In Lenz v. Universal Music Corp., the Ninth Circuit created a heightened standard for Digital
Millennium Copyright Act (“DMCA”) takedowns. YouTube, a California company, has recently
created a team to help tackle the new standard. Tumblr, a New York company without the effect
of the Ninth Circuit ruling, has taken a different approach and has actively submitted to the
copyright trolls. There is stark contrast between two of the largest user generated content sites.
AQUAZURRA CALLS OUT IVANKA TRUMP FOR COPYING

via The Fashion Law on 3/14/2016
URL: http://www.thefashionlaw.com/home/aquazurra-calls-out-ivanka-trump-for-copying
While there is an argument here that Osorio can claim protection over the fringe elements of his
shoe (in accordance with the copyright doctrine of ...
THE SUPREME COURT AFFIRMS THE PRINCIPLE OF TECHNOLOGICAL

NEUTRALITY IN COPYRIGHT LAW
via Lexology by Sangeetha Punniyamoorthy & Thomas W. Kurys on 3/14/2016
URL: http://www.lexology.com/library/detail.aspx?g=738fff5e-aab2-4172-993e-89a69a5b3519
On November 26, 2015, the Supreme Court of Canada released an important ruling on the role of
technological neutrality in copyright law. In a 7-2 ...
ANSWERMAN - ARE AMVS AND OTHER FAN WORKS REALLY "FAIR USE?"
via Anime News Network by Justin Sevakis on 3/14/2016
URL: http://www.animenewsnetwork.com/answerman/2016-03-14/.99745
AMVs almost certainly violate the copyrights of the songs being used, however. The ability to
synchronize a song to certain visuals is a specific right ...
ADOBE SETTLES WITH FOREVER 21 OVER PIRATED PHOTOSHOP

A California federal judge signed off Monday on a settlement to resolve a lawsuit from Adobe
Systems Inc. and others claiming Forever 21 was using illegal copies of software like Adobe
Photoshop.
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Joshua L. Simmons
THE LATEST NEWS ON 'TO KILL A MOCKINGBIRD' SHOWS HOW COPYRIGHT LAW
IS TOTALLY BROKEN
via Los Angeles Times by Michael Hiltzik on 3/14/2016
URL: http://www.latimes.com/business/hiltzik/la-fi-hiltzik-mockingbird-snap-htmlstory.html
The copyright history of Harper Lee's classic novel "To Kill a Mockingbird" long ago crossed
into the byzantine realm. But the latest development in the ...
JUDGE LEANS TOWARD NOT AWARDING FEES TO 'BLURRED LINES' ATTORNEYS

URL: http://www.hollywoodreporter.com/thr-esq/judge-leans-not-awarding-fees-875496
Attorneys for Marvin Gaye's heirs are requesting about $3.5 million in fees and expenses related
to the lawsuit over Pharrell Williams' and Robin Thicke's hit song.
FLIPAGRAM CEO ADMITS TO MASSIVE COPYRIGHT INFRINGEMENT

via Digital Music News by Paul Resnikoff on 3/14/2016
URL: http://www.digitalmusicnews.com/2016/03/14/flipagram-ceo-admits-to-massive-
Flipagram has been around since late 2013, and a big deal for years. Basically, it's an easy-to-use
photo app that allows users to create fun ...
PHARRELL, THICKE MAY DODGE $3.5M ‘BLURRED LINES’ ATTY FEES

A California federal judge on Monday tentatively ruled Pharrell Williams and Robin Thicke
won’t have to pay Marvin Gaye’s family $3.5 million in legal fees despite a verdict they
infringed one of Gaye's songs, saying he wasn’t persuaded the pop-stars’ preemptive suit seeking
a noninfringement finding was in bad faith.
BLURRED LINES' JUDGE LEANS TOWARD NOT MAKING PHARRELL & ROBIN
THICKE PAY GAYE FAMILY'S ...
URL: http://www.billboard.com/articles/news/7256359/pharrell-robin-thicke-blurred-lines-
marvin-gaye-family-attorney-fees
Thicke's attorney Howard King says the case was novel and "demarcated the boundaries of
copyright law" and therefore a fee award is not ...
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500 VERSIONS OF SOFTWARE - WHEN IS A NEW VERSION OF SOFTWARE

ORIGINAL AND WHEN DOES COPYRIGHT ...
via Lexology by Anna Spies on 3/15/2016
URL: http://www.lexology.com/library/detail.aspx?g=8446edf5-2ffa-4d27-839b-c9ddc3118aa5
A key question in the proceeding was whether copyright subsisted in each version of QSS. At
first instance, the primary judge found that the ...
SOCIAL MEDIA INFRINGEMENT: HOW TO ENFORCE YOUR COPYRIGHT AND

TRADEMARK RIGHTS
via Inside Counsel by Jonathan Hudis & Hilary J. Wucherer on 3/15/2016
URL: http://www.insidecounsel.com/2016/03/15/social-media-infringement-how-to-enforce-
your-copy?slreturn=1458519499
When an unauthorized party uses your company's trademarks or copyrighted works, the natural
reaction is to challenge and stop the use. However ...
A QUICK GUIDE TO RIGHTS CLEARANCE

via Law360: Intellectual Property by Po Yi on 3/15/2016
When your client plans to create new content or use existing third-party content in a new work, it
must conduct a review to ensure that it is permitted to use the material. Understanding the many
rights that could be implicated in any one piece of content is important to ensure proper and
complete clearance, and will inform on the appropriate licenses and permissions that are
necessary, says Po Yi of Venable LLP.
PARAMOUNT, CBS LIST THE WAYS STAR TREK FANFIC AXANAR INFRINGES
COPYRIGHT
via Ars Technica by Megan Geuss on 3/15/2016
URL: http://arstechnica.com/tech-policy/2016/03/paramount-cbs-list-the-ways-star-trek-fanfic-
axanar-infringes-copyright/
Suit cites Warp Drive, Klingon High Council, Uniform with Gold Shirt, more.
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Joshua L. Simmons
TWIQBAL BOLDLY GOES WHERE NO MAN HAS GONE BEFORE

via PrawfsBlawg by Howard Wasserman on 3/15/2016
URL: http://prawfsblawg.blogs.com/prawfsblawg/2016/03/twiqbal-boldly-goes-where-no-man-
has-gone-before.html
In late December, Paramount and CBS filed a copyright infringement action against a small
company making a short fan-fiction (Kickstarter-funded) movie, a prequel to the Original Recipe
series featuring a one-off character from one episode who also has appeared in some expanded-
universe books.
CROSSWORDS AND COPYRIGHT

via The Washington Post by David Post on 3/15/2016
URL: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/03/15/crosswords-
and-copyright/
A plagiarism scandal has erupted in the strange and esoteric community of crossword puzzle
constructors, and — as plagiarism scandals usually do ...
LOSER IN SEX TOY COS. COPYRIGHT FIGHT WON’T GET NEW TRIAL
A California federal judge said Monday a January jury verdict in a copyright dispute in favor of
sex toy company CA-WA Corp. and its owner was supported by the evidence and didn’t warrant
a new trial for his ex-wife and her rival company TSX Toys Inc.
IPSC 2016
via IP and IT Conferences by Mike Madison on 3/15/2016
URL: http://madisonian.net/conferences/2016/03/15/ipsc-2016/
16th Annual IP Scholars Conference Aug 11-12 at Stanford Law School & May 15 Deadline for
Requests to Present
IP SCHOLARS FORUM AT AKRON

URL: http://madisonian.net/conferences/2016/03/15/ip-scholars-forum-at-akron-3/
IP Scholars Forum at Akron Law University of Akron School of Law Akron, Ohio Friday,
September 23, 2016
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TIMING COULD BE EVERYTHING IN MADDEN FOOTBALL APPEAL

via Law.com - Newswire by Ben Hancock on 3/15/2016
URL: http://www.law.com/sites/articles/2016/03/16/timing-could-be-everything-in-madden-
football-appeal/
Programmer Robin Antonick asked the Ninth Circuit on Wednesday to revive claims that
Electronic Arts swiped his code for its popular Madden NFL series.
PRODUCER DE LAURENTIIS OF “HANNIBAL” SPEAKS OUT AGAINST PIRACY

URL: http://illusionofmore.com/producer-de-laurentiis-of-hannibal-speaks-out-against-piracy/
Veteran film and TV producer Martha De Laurentiis was on Capitol Hill yesterday to take part in
an event called Meet the Producers, presented by Creative Future in conjunction with the
Creative Rights Caucus. Specifically, De Laurentiis has been motivated …
OBAMA ADMINISTRATION’S DRAFT SOURCE CODE POLICY REQUIRES FREE

SOFTWARE
URL: http://www.ip-watch.org/2016/03/16/obama-administrations-draft-source-code-policy-
requires-free-software/
The Obama administration last week published a draft software source code policy that requires
all government agencies to publish their custom-build software as free software for public use,
according to the Free Software Foundation Europe (FSFE).
ARTISTS FRUSTRATED BY GERMANY'S EFFORTS TO BOOST THEIR INTELLECTUAL

PROPERTY RIGHTS
via DW by Kate Muser on 3/16/2016
URL: http://www.dw.com/en/artists-frustrated-by-germanys-efforts-to-boost-their-intellectual-
property-rights/a-19120437
How can artists be fairly paid for their work? Germany's copyright reform was supposed to make
life easier for artists, writers and other creatives, but ...
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Joshua L. Simmons
WELSH GOV'T BEATS COPYRIGHT SUIT OVER DYLAN THOMAS PHOTOS

A New York federal judge ruled Tuesday that a British company could not use U.S. courts to sue
the Welsh government and several American newspapers over tourism ads featuring photos of
famed Welsh poet Dylan Thomas.
AUTHORS, ATTRIBUTION, AND INTEGRITY — WASHINGTON, DC

URL: http://www.legalscholarshipblog.com/2016/03/16/authors-attribution-and-integrity-
washington-dc/
The United States Copyright Office and the George Mason University School of Law and its
Center for the Protection of Intellectual Property present a symposium, Authors, Attribution, and
Integrity: Examining...
SOFT KITTY, SAME KITTY: THE BIG BANG THEORY SUED FOR COPYRIGHT
INFRINGEMENT… BAZINGA
via Lexology by Brendon Francis on 3/17/2016
URL: http://www.lexology.com/library/detail.aspx?g=81d7c673-d88a-4e48-a7c5-0a543b897cea
Under the relevant legislation of the time, this also served to register Ms Newlin's corresponding
copyright in the lyrics to Warm Kitty, reportedly set to ...
CREATIVE STRATEGIES FOR BEEFING UP COPYRIGHT ENFORCEMENT

via Jotwell by Michael Carroll on 3/17/2016
URL: http://ip.jotwell.com/creative-strategies-for-beefing-up-copyright-enforcement/
Corporate copyright owners based in the United States have been frustrated by the prevalence of
piracy in China and in certain other fast-growing markets, and that frustration has led to three
primary responses. The copyright industries have (1) supported proposed legislation that would
impose enforcement obligations on U.S. parties, such as the Stop Online Piracy Act; (2)
advanced expansive interpretions [...]
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SEGWAY COPYRIGHT COMPLAINT LEADS TO US BAN OF HOVERBOARD IMPORTS

NOT FIRE RISK
via Daily Mail by Ben Tufft on 3/17/2016
URL: http://www.dailymail.co.uk/news/article-3496664/Segway-copyright-complaint-leads-ban-
hoverboard-imports-not-fire-risk.html
The U.S. has banned almost all imports of hoverboards - not over safety concerns, but because of
copyright infringement complaints from Segway.
KELPIES COPYRIGHT QUESTIONED OVER FOOTBALL SCARF PLAN

via The Scotsman by Scott McAngus on 3/17/2016
URL: http://www.scotsman.com/news/politics/kelpies-copyright-questioned-over-football-scarf-
plan-1-4074774
“As is usual in such an agreement, the intellectual property rights, including copyright, remained
with the creator of the Kelpies, Andy Scott Public Art ...
SOCIAL SHAMING DOES NOT CONTROL FASHION COPYCATS

URL: http://www.thefashionlaw.com/home/in-response-social-shaming-does-not-control-
copyists
Copyright law, for the uninitiated, is a form of legal protection provided for original works of
"authorship." Don't be misled by the language here, which ...
9TH CIRC. WON'T REHEAR 'DANCING BABY' DMCA CASE

The Ninth Circuit on Thursday declined requests to rehear the so-called dancing baby case, but it
did make a few major edits to its high-profile September ruling on the Digital Millennium
Copyright Act’s notice-and-takedown system.
GROWTH IN LEGAL PLATFORMS FOR FILM & TV CONTINUES

URL: http://illusionofmore.com/growth-legal-platforms-film-tv-continues/
In a recent post, I alluded to a statement by the Copyright Alliance, which emphasizes that
Section 1201 of the DMCA supports the development of multiple distribution channels for
premium content, giving consumers and producers more choices in the digital market. …
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Joshua L. Simmons
IPIL/HOUSTON 2016 NATIONAL CONFERENCE

URL: http://madisonian.net/conferences/2016/03/17/ipilhouston-2016-national-conference/
IPIL/HOUSTON (the Institute for Intellectual Property & Information Law at the University of
Houston Law Center) announces its 2016 National Conference in Santa Fe, New Mexico. The
title for this year’s event is: “Authorship in America (And Beyond)”. It will …
"DANCING BABY" APPEALS COURT DECISION STANDS MINUS THE "FAIR USE"
ALGORITHMS
URL: http://www.hollywoodreporter.com/thr-esq/dancing-baby-appeals-court-decision-876557
The 9th Circuit won't rehear a case concerning a YouTube video of a toddler dancing to the
Prince hit "Let's Go Crazy."
SOFTWARE IP — BERKELEY, CA
URL: http://www.legalscholarshipblog.com/2016/03/17/software-ip-berkeley-ca-2/
The Berkeley Center for Law & Technology and the Berkeley Technology Law Journal host the
20th Annual BCLT/BTLJ Symposium: Software IP: Intellectual Property Protections for
Computer Programs: Past, Present and...
MUSIC, FILM, TV, AND SPORTS LAW — CORAL GABLES, FL

URL: http://www.legalscholarshipblog.com/2016/03/17/music-film-tv-and-sports-law-miami-fl/
The University of Miami School of Law Entertainment and Sports Law Society presents its
annual symposium, From New York to Hollywood to Miami: An International Legal Conference
on the World...
TVEYES TELLS 2ND CIRC. ENTIRE SERVICE IS FAIR USE

Media-monitoring service TVEyes Inc. fired the opening salvo Thursday at the Second Circuit in
a closely watched copyright battle with Fox News Network, urging the appeals court to rule that
the entire service, not just a portion of it, is protected by the fair use doctrine.
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SPOTIFY REACHES SETTLEMENT WITH PUBLISHERS IN LICENSING DISPUTE

URL: http://www.nytimes.com/2016/03/18/business/media/spotify-reaches-settlement-with-
publishers-in-licensing-dispute.html
According to several people involved with the settlement on both sides, Spotify will pay over
$20 million to settle the case.
SPOTIFY STRIKES DEAL WITH MUSIC PUBLISHERS

via WSJ.com: WSJD by Hannah Karp on 3/17/2016
URL: http://www.wsj.com/articles/spotify-strikes-royalty-deal-with-music-publishers-
1458257329
Spotify has struck a deal that makes it easier for music publishers to claim royalties they are
owed, if they agree not to make copyright-infringement claims against the streaming service.
REASONS FOR REGISTERING COPYRIGHT IN CHINA

via Lexology by Joanne Martin on 3/18/2016
URL: http://www.lexology.com/library/detail.aspx?g=234afdcc-8c4f-4fba-b82a-64bfef8d1f95
Obtaining a Certificate of Recordal of Copyright in China can be a straightforward and

inexpensive process if ownership of copyright is readily able to ...
PIRATES AND POPCORN: THE RISE OF SITE-BLOCKING INJUNCTIONS IN THE EU

via Lexology by David Cran & Ben Mark on 3/18/2016
URL: https://www.lexology.com/library/detail.aspx?g=7d0f39ad-27c5-44dc-acdb-c6be33a88b1b
In December 2014, Swedish Police raided Pirate Bay and seized hardware in connection with
suspected copyright infringement, taking the site ...
CJEU TAKES MORAL HIGH GROUND IN COPYRIGHT ROW

via WIPR by Ho Yeow Hui on 3/18/2016
URL: http://www.worldipreview.com/news/cjeu-takes-moral-high-ground-in-copyright-row-
9743
Parties asserting copyright claims can also seek compensation for “moral prejudice” suffered
from the infringement, the Court of Justice of the ...
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Joshua L. Simmons
PROTECTING COPYRIGHT WITHOUT STIFLING INNOVATION

via Elsevier by Tom Reller on 2/29/16
URL: https://www.elsevier.com/connect/protecting-copyright-without-stifling-innovation
The US Copyright Office has announced a study of Section 512 of the Digital Millennium
Copyright Act, the law meant to balance the need for copyright owners to protect their works
from online piracy with the need to allow neutral online platforms to offer innovative tools
without the threat of liability for their users’ infringements.
DID PIRATES KILL ‘HANNIBAL’?

via The Hill by Martha De Laurentiis on 3/14/16
URL: http://thehill.com/opinion/op-ed/272979-did-pirates-kill-hannibal
I’ve had the great privilege of working in the film and television business for nearly four
decades.
GOVT HAS 'BUNGLED' COPYRIGHT COSTS

via Otago Daily Times by Nicholas Jones on 3/17/16
URL: http://www.odt.co.nz/news/politics/376614/govt-has-bungled-copyright-costs-expert
Copyright changes in the Trans-Pacific Partnership will be worth millions of dollars to New
Zealand creatives and companies - and the Government estimate of a net annual cost of $55
million is embarrassingly wrong, an economist says.
APPLE MUSIC, DUBSET PARTNER TO STREAM PREVIOUSLY UNLICENSED

REMIXES AND DJ MIXES: EXCLUSIVE
via Billboard by Glenn Peoples on 3/15/16
URL: http://www.billboard.com/articles/news/7256376/apple-music-dubset-partner-previously-
unlicensed-remixes-dance
Dubset Media Holdings has announced a partnership that will allow Apple Music to stream
remixes and DJ mixes that had previous been absent from licensed services due to copyright
issues.
SPOTIFY INKS “NO COPYRIGHT CLAIM” ROYALTY DEAL WITH MUSIC

PUBLISHERS
via Ars Technica by Kelly Fiveash on 3/18/2016
URL: http://arstechnica.com/business/2016/03/spotify-royalty-deal-publishers-songwriters/
"Only a temporary solution," says copyright lobby group.
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GOOGLE REALLY, REALLY DOESN’T LIKE YOU TO SEND DMCA REQUESTS VIA
EMAIL
URL: http://voxindie.org/google-hates-dmca-emails/
The Google team doesn't seem to appreciate email as a form of communication
HUCKABEE COPYRIGHT CASE AND 'RELIGIOUS ASSEMBLY' DEFENSE

via Law360: Intellectual Property by Thomas R. Orofino on 3/18/2016
When Mike Huckabee's presidential campaign was sued based on the alleged unauthorized
public performance of “Eye of the Tiger” during a rally for Kim Davis, the Kentucky county
clerk who was briefly jailed for refusing to issue same-sex marriage licenses, it raised an
interesting affirmative defense — that the rally was actually a “religious assembly.” But the
event did not appear to follow any recognizable religious service, says Thomas Orofino of
Sedgwick LLP.
WILD WEST OF INSTAGRAM: THE QUICK (#REPOST) AND THE DEAD (COPYRIGHT)
via Lexology by Paul Johns & Megan Hutchison on 3/18/2016
URL: http://www.lexology.com/library/detail.aspx?g=3e413704-5c4c-43f7-be17-def67e2027b7
Two current cases in the United States, a class action lawsuit and recently filed complaint, have
brought to the fore serious copyright issues for ...
SPOTIFY, MUSIC PUBLISHERS REACH DEAL OVER SONG ROYALTIES

Music streaming service Spotify USA Inc. and the National Music Publishers Association have
reached a landmark deal that will allow independent music publishers to claim royalties for
songs used on Spotify where ownership information was previously unknown, the NMPA
announced on Thursday.
9TH CIRCUIT REVISITS DANCING BABY COPYRIGHT CASE: NO FAIR USE VIA
ALGORITHM
URL: http://arstechnica.com/tech-policy/2016/03/9th-circuit-revisits-dancing-baby-copyright-
case-no-fair-use-via-algorithm/
In a sharp dissent, one judge argues EFF should win its case immediately.
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Joshua L. Simmons
PRINCESS CRUISES FACES LAWSUIT OVER BARRY MANILOW CONCERT

BROADCASTS
URL: http://www.hollywoodreporter.com/thr-esq/princess-cruises-faces-lawsuit-barry-876787
The cruiseliner has been accused of copyright infringement, among other complaints.
SPOTIFY AND ARTISTS ARE PLAYING A NEW TUNE

via WSJ.com: WSJD by Hannah Karp on 3/18/2016
URL: http://www.wsj.com/articles/spotify-and-musicians-are-playing-a-new-tune-1458293400
While Spotify doesn’t follow the old playbook of accepting monetary incentives from musicians
seeking more visibility on its music-streaming service, it does want something from them in
exchange: their labor.
WILL PAUL MCCARTNEY GET THE RIGHTS TO HIS BEATLES SONGS BACK? HE'S
ALREADY WORKING ON IT
URL: http://www.billboard.com/articles/news/7263857/paul-mccartney-beatles-songs-publishing
15, 2015, McCartney filed a termination notice of 32 songs with the U.S. Copyright Office.
Additionally, another source confirmed that he has filed ...
PRINCESS CRUISES FACES LAWSUIT OVER BARRY MANILOW CONCERT

BROADCASTS
URL: http://www.billboard.com/articles/news/7263887/princess-cruises-barry-manilow-lawsuit-
concert-broadcasts
Stiletto Entertainment "exists to manage Barry Manilow's affairs, owns the Manilow trademark
and commissioned the copyrighted work Music and ...
PATENT AND COPYRIGHT LAWS CAN HELP YOU WIN REDRESS WHEN WRONGED
via The Japan Times by Yuko Yamashita on 3/20/2016
URL: http://www.japantimes.co.jp/community/2016/03/20/how-tos/patent-copyright-laws-can-
help-win-redress-wronged/#.Vu9GonqbCoE
I have a problem regarding misleading information on a home page, confusing labels and the use
of my intellectual property rights on some products.
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NOBODY PUTS COPYRIGHT CLAIMS IN THE CORNER

via IP Brief by Emily Chau on 3/20/2016
URL: http://www.ipbrief.net/2016/03/20/nobody-puts-copyright-claims-in-the-corner/
On March 14, 2016, California federal judge Dean Pregerson dismissed Lions Gate
Entertainment Inc.'s (“Lionsgate”) trademark claims against TD ...
PAUL MCCARTNEY LAUNCHES BID TO GET BACK HIS BEATLES SONGS

via BBC News by Mark Savage on 3/21/2016
URL: http://www.bbc.com/news/entertainment-arts-35860868
While Sir Paul's motion to terminate copyright is likely to be successful, Lennon's share in the
Beatles' songs will not return to his estate. Yoko Ono ...
"BALLERS" PRODUCERS DWAYNE JOHNSON, MARK WAHLBERG AND HBO SUED

OVER COPYRIGHT INFRINGEMENT
URL: http://www.lawyerherald.com/articles/39529/20160321/ballers-producers-dwayne-
johnson-mark-wahlberg-hbo-sued-copyright-infringement.htm
Actor Dwayne Johnson speaks onscreen during the 'Ballers' panel discussion at the HBO portion
of the 2015 ...
THE LEGAL BATTLE OVER THIS MONKEY'S SELFIE IS FAR FROM OVER
via The Daily Dot by Cynthia McKelvey on 3/21/2016
URL: http://www.dailydot.com/politics/monkey-selfie-appeals-copyright-case/
The saga of the monkey selfie is apparently far from over. Seeking to have the photo's copyright
transferred to the primate himself, PETA is now filing ...
GOOGLE ROW EXPOSES DIGITAL FAIR USE SPLIT, HIGH COURT HEARS
via Law360: Intellectual Property by Jacob Fischler on 3/21/2016
The Authors Guild has rebutted Google’s argument to the U.S. Supreme Court that its book
search project was allowable under fair use rules, saying the Internet giant’s reply brief in
support of a Second Circuit decision glossed over the extent of the service’s reproductions in
order to downplay a circuit split.
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Joshua L. Simmons
SEX, LIES, AND THE FIRST AMENDMENT (BUT NO COPYRIGHT): HULK HOGAN'S
LEG DROP ON GAWKER
via Lexology by Dominic A. Gentile on 3/21/2016
URL: http://www.lexology.com/library/detail.aspx?g=720b0d99-ec82-417b-b17c-48ee4b4698e9
On Friday night, a Florida jury delivered a stunning verdict in Hulk Hogan's lawsuit against
Gawker Media LLC and its sundry entities, awarding the ...
PETA APPEALS 'MONKEY SELFIE' DEFEAT TO 9TH CIRC.

People for the Ethical Treatment of Animals on Sunday said that it will appeal to the Ninth
Circuit after a federal judge dismissed the group’s lawsuit claiming that an ape could sue for
copyright infringement over a famed "monkey selfie."
INSURER SLAMS BID FOR $63M IN COPYRIGHT DISPUTE

via Law360: Intellectual Property by Emily Field on 3/21/2016
Mid-Continent Casualty Co. is fighting to uphold a magistrate's recommendation to toss a suit

seeking $63 million from the insurer, telling a Texas federal judge Friday the architecture firm
trying to collect the big payout is making unfounded arguments.
PAUL MCCARTNEY IS TRYING TO GET BACK THE RIGHTS TO HIS BEATLES SONGS
via Fortune by Valentina Zarya on 3/21/2016
URL: http://fortune.com/2016/03/21/paul-mccartney-beatles-songs/
While Sony now owns the rights to all songs in the catalog, the U.S. Copyright Act of 1976 gives
songwriters the ability to reclaim ownership of their ...
MD. LAW FIRM DUCKS $350M IP SUIT BY UNHAPPY HUSBAND

via Law360: Intellectual Property by Kali Hays on 3/21/2016
Joseph Greenwald & Laake PA on Monday escaped a $350 million suit accusing the firm of
illegally copying computer source code owned by the husband of a divorce client when a
Maryland federal judge found the case was launched by the husband solely to gain leverage over
his estranged wife.
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EBAY, OTHERS TRY NEW ATTACK ON CALIF. ART RESALE LAW

EBay, Christie's Inc. and Sotheby's Inc. told a California federal judge on Monday that a Golden
State law requiring artists to receive a cut of resale profits is preempted by the Copyright Act,
trying a new legal tack after the Ninth Circuit refused to entirely strike down the law in May.
WIFI PROVIDERS NOT LIABLE FOR COPYRIGHT INFRINGEMENT BY USERS

via Lexology by Davinia Brennan on 3/22/2016
URL: http://www.lexology.com/library/detail.aspx?g=219d2792-7880-497e-a4f5-08ac24a0d359
On 16 March 2016, the Advocate General (AG) delivered an Opinion, in McFadden v Sony
Music Entertainment Germany GmbH Case-484/14, that a ...
REPOSTING 8-SECOND SPORTS CLIPS INFRINGES COPYRIGHT

URL: http://www.theregister.co.uk/2016/03/22/fanatix_copyright_ruling/
The High Court of England and Wales has ruled against an app developer who encouraged users
to post eight-second sports clips under the guise ...
TV PROGRAM ROYALTY SPLIT WAS ARBITRARY, MINISTRIES TELL DC CIRC.

via Law360: Intellectual Property by Jenna Ebersole on 3/22/2016
A group of ministries that own religious TV program copyrights told the D.C. Circuit Monday
that the Copyright Royalty Board made a clear error in choosing a method for distributing cable
TV royalties, urging the court to send the issue back to fix the calculation.
9TH CIRCUIT REVISITS DANCING BABY, EDITS OUT ROBO-SCREENING

via FindLaw News for Legal Professionals by Jonathan R. Tung, Esq. on 3/22/2016
URL: http://blogs.findlaw.com/ninth_circuit/2016/03/9th-circuit-revisits-dancing-baby-edits-out-
robo-screening.html
The issue of baby Holden and his viral "dancing baby" is still kicking and making waves in the
world of the fair-use debate. The ruling last year was technically a win for free-use proponents,
but it could hardly have been called a knock out of the park. The Ninth Circuit......
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Joshua L. Simmons
ORACLE SUES HP ENTERPRISE OVER COPYRIGHT INFRINGEMENT CLAIMS

via BloombergBusiness by Joel Rosenblatt on 3/22/2016
URL: http://www.bloomberg.com/news/articles/2016-03-22/oracle-sues-hp-enterprise-over-
copyright-infringement-claims
Oracle said in a statement that it's already won a judgment against Terix Computer Co. for
misappropriating software and that HP Enterprise was a ...
ORACLE HITS HP WITH SOFTWARE SUIT AFTER $57.7M TERIX WIN

Oracle America Inc. filed a California federal suit Tuesday accusing Hewlett Packard Enterprise
Co. of conspiring to distribute copyrighted Oracle software code through tech-support companies
including Terix Computer Co. Inc., which previously paid $57.7 million to resolve a similar
Oracle suit.
FACEBOOK REMOVES VIDEO OF GIRL DANCING TO AN ALVIN AND THE

CHIPMUNKS SONG BECAUSE IT BREACHED ...
via Daily Mail by Emily Crane on 3/22/2016
URL: http://www.dailymail.co.uk/news/article-3505262/Facebook-removes-video-girl-dancing-
Alvin-Chipmunks-song-breached-copyright.html
Posting copyrighted content without permission might be a violation of the law. If you've already
posted it, you should remove it from Facebook,' the ...
ORACLE AND HEWLETT PACKARD HEAD BACK TO COURT

via WSJ.com: WSJD by Jay Greene on 3/22/2016
URL: http://www.wsj.com/articles/oracle-and-hewlett-packard-head-back-to-court-1458694527
Oracle is suing Hewlett Packard Enterprise over its partnership with Terix Computer Co., a third-
party seller of support for the Solaris operating system.
ORACLE WINDS UP LEGAL MACHINE, LOBS COPYRIGHT LAWSUIT AT HPE

via ITworld News by James Niccolai on 3/22/2016
URL: http://www.itworld.com/article/3047236/oracle-winds-up-legal-machine-lobs-copyright-
lawsuit-at-hpe.html
Oracle has filed a copyright infringement lawsuit against Hewlett Packard Enterprise, claiming it
was part of an illegal scheme to sell Solaris support services to Oracle customers.
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HIGH COURT: EIGHT SECONDS CAN BE INFRINGEMENT

via IPPro by Mark Dugdale on 3/23/2016
URL: http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=4842
The High Court of England and Wales has ruled that an app's use of eight-second clips captured
from copyrighted broadcasts constitutes infringement.
SOUTH AFRICA: NEW PROMINENT PRO-IP ACADEMIC COMES OUT AGAINST

GOVERNMENT
via Intellectual Property Watch by Linda Daniels on 3/23/2016
URL: http://www.ip-watch.org/2016/03/23/south-africa-new-prominent-pro-ip-academic-comes-
out-against-government-2/
The new Anton Mostert Chair of Intellectual Property Law at the University of Stellenbosch in
South Africa, Professor Sadulla Karjiker, has pointed a finger at the country’s Department of
Trade and Industry (DTI) for being “unresponsive” to stakeholders offering their input into
proposed IP legislation.
VIRGINIA GOP SETTLES COPYRIGHT LAWSUIT BROUGHT BY ON-LINE PUBLISHER

via Intellectual Property, Patent, Trademark & Copyright News by Jason C. Hicks on 3/23/2016
URL: http://www.natlawreview.com/article/virginia-gop-settles-copyright-lawsuit-brought-line-
publisher
Valerie Garner, publisher of the Roanoke Free Press website, has settled her copyright lawsuit
against the Virginia Republican Party related to the unauthorized use of a photograph she took of
Delegate Sam Rasoul. This photograph was the subject of prior litigation between Garner and a
political blogger who used the same photograph on his website. In 2015, Judge Conrad issued an
opinion denying the blogger's motion to dismiss based on the fair use doctrine.
MAINTAINING A WALL AROUND U.S. INTELLECTUAL PROPERTY: FEDERAL

CIRCUIT SAYS DISPUTES OVER U.S. PATENTS, TRADEMARKS AND COPYRIGHTS
SHOULD BE DECIDED BY U.S. COURTS
via Intellectual Property, Patent, Trademark & Copyright News by Brad M. Scheller & Michael
B. Marion on 3/23/2016
URL: http://www.natlawreview.com/article/maintaining-wall-around-us-intellectual-property-
federal-circuit-says-disputes-over
The Federal Circuit rejected an attempt by accused infringers of U.S. intellectual property rights
to have claims litigated in a foreign country in Halo Creative & Design Ltd. v. Comptoir Des
Indes, Inc., No. 15-1375 (Fed. Cir. Mar. 14, 2016). The unanimous panel decision expressed a
strong preference for U.S. courts over foreign courts to resolve disputes over U.S.
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Joshua L. Simmons
JUDGE REJECTS FILM PRODUCER'S BID TO HAVE BUCK ROGERS CHARACTER

DECLARED IN PUBLIC DOMAIN
URL: http://www.hollywoodreporter.com/thr-esq/judge-rejects-film-producers-bid-877683
Don Murphy can only clear rights if he potentially violates them first.
WHAT IS INTELLECTUAL PROPERTY, AND WHY IS IT IMPORTANT? [SLIDES]

via Intellectual Property, Patent, Trademark & Copyright News by Peter F. Snell on 3/23/2016
URL: http://www.natlawreview.com/article/what-intellectual-property-and-why-it-important-
slides
Intellectual Property 101: What's the difference between trademarks and copyrights? What's
trademark clearance? How does the federal trademark application process work? This deck gives
entrepreneurs the “need-to-know” information about trademarks, copyrights, patents and trade
secrets.
PETA ISN’T MONKEYING AROUND WITH COPYRIGHT OWNERSHIP RIGHTS

via Intellectual Property, Patent, Trademark & Copyright News by Susan Neuberger Weller on
3/23/2016
URL: http://www.natlawreview.com/article/peta-isn-t-monkeying-around-copyright-ownership-
rights
As we reported in a recent post, PETA lost its efforts, on behalf of Naruto the monkey, to secure
his claim to copyright ownership of his “selfie” photograph. The district court judge held that the
copyright law did not recognize an animal’s right to own a copyright. PETA is not, however,
deterred, and it has filed an appeal of this decision to the US Court of Appeals for the Ninth
Circuit.
4/15: COPYRIGHT REALIGNMENT: UPDATING COPYRIGHT LAW FOR THE 21ST

CENTURY AT U. BALTIMORE
via LATEST NEWS on 3/23/2016
The Center for the Law of Intellectual Property and Technology at the University of Baltimore
will hold its 2016 symposium on April 15, 2016.
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DONALD TRUMP CAMPAIGN ATTACKED BY NATURE PHOTOGRAPHERS IN

COPYRIGHT LAWSUIT
URL: http://www.hollywoodreporter.com/thr-esq/donald-trump-campaign-attacked-by-877967
The presidential candidate's use of an "iconic" eagle portrait leads to a complaint over "viral
infringement."
CANADIAN GOVERNMENT EARMARKS NEARLY $1.9 BILLION FOR CULTURE AND

THE ARTS IN NEW BUDGET
via Billboard by Karen Bliss on 3/24/2016
URL: http://www.billboard.com/articles/business/7272514/canadian-government-budget-arts-
culture-1-9-billion
In 2014 the web giant tweaked its search result algorithm to lower the rankings of sites that
receive an outsize number of copyright complaints.
WHY DOES GOOGLE LOVE PIRACY?

URL: http://illusionofmore.com/google-love-piracy/
In yesterday’s post, I referred to the Android-based service called Google Now, which is about
as close as your mobile device comes (so far) to reading your mind and anticipating your wants
and needs. By gathering data from contacts, emails, …
BRITISH MUSIC LABELS DEMAND 'NOTICE AND STAY DOWN' PIRACY POLICY
FROM GOOGLE
via The Guardian by Stuart Dredge on 3/24/2016
URL: http://www.theguardian.com/technology/2016/mar/24/bpi-british-music-labels-piracy-
policy-google
... 2011 under the search engine's “notice and takedown” policy, where it removes individual
links when notified by copyright holders. The BPI said in a ...
GOOGLE TELLS 2ND CIRC. VIDEO SEARCH IS FAIR USE

Google Inc. on Wednesday jumped into the closely-watched Second Circuit copyright fight
between media-monitoring service TVEyes Inc. and Fox News Network, pressing the court to
“reaffirm” that search providers are protected by fair use.
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Joshua L. Simmons
JUDGE LETS 54 SUDANESE REFUGEES PURSUE COPYRIGHT AND FRAUD CLAIMS

OVER REESE WITHERSPOON FILM
URL: http://www.hollywoodreporter.com/thr-esq/judge-lets-54-sudanese-refugees-878021
A judge says that what was said in taped interviews — later used as source material for a script
— is creative enough.
ANOTHER JUDGE SAYS FILMON CAN'T USE COMPULSORY LICENSE

An Illinois federal judge ruled Wednesday that streaming services like FilmOn X don't qualify
for a compulsory license to stream copyrighted content, the latest judge to pick a side on the
tricky issue.
ORACLE DETAILS PROPOSAL TO SEARCH JURORS' FACEBOOK POSTS

Oracle America Inc. told a California federal judge on Thursday that if it is allowed to check
Facebook accounts belonging to potential jurors in its copyright infringement suit against Google
Inc., it would only do so using public Internet search engines.
AN EIGHT-SECOND CLIP CAN BE A SUBSTANTIAL PART OF A BROADCAST/FILM

via Lexology by Nick Aries & Will Smith on 3/25/2016
URL: http://www.lexology.com/library/detail.aspx?g=e617b503-8972-4c7d-8ddf-cd0f741248cf
England and Wales Cricket Board and Sky UK Limited vs Tixdaq Limited and Fanatix Limited
– High Court finds that copyright in a broadcast of a ...
SIXTH CIRCUIT SAYS YES TO THE DRESS

via Inside Counsel by Scott Slavick on 3/25/2016
URL: http://www.insidecounsel.com/2016/03/25/sixth-circuit-says-yes-to-the-dress
Star Athletica LLC that decorative designs used on cheerleading uniforms can be copyrighted
(Case No. 14-5237). The panel, reviving the plaintiff's ...
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THE MOST IMPORTANT OBAMA NOMINEE NO ONE'S TALKING ABOUT

via The Washington Post by Robert Gebelhoff on 3/25/2016
URL: https://www.washingtonpost.com/news/act-four/wp/2016/03/25/the-most-important-
obama-nominee-no-ones-talking-about/
Register of Copyrights Maria Pallante has openly advocated for the move, citing “operational
tensions.” She argues that the library performs a ...
GOOGLE, ORACLE ASKED NOT TO SCOUR JURORS' SOCIAL MEDIA

A California federal judge on Thursday asked Google and Oracle America Inc. to voluntarily
refrain from “scouring” potential jurors' social media accounts before and during an upcoming
copyright infringement trial, issuing strong arguments against such invasive searches but
declining to order an outright ban.
JUDGE WON'T RECUSE HIMSELF FROM SPORTS PHOTO IP SUIT

via Law360: Intellectual Property by Aebra Coe on 3/25/2016
A Wisconsin federal judge determined Thursday that there's no need for him to recuse himself
from copyright litigation between two sports photographers and a retailer represented by a law
firm he once worked at.
EXETER UNIVERSITY RESEARCHERS TO EXPLORE ANTI-PIRACY LICENSING

PLATFORM FOR 3D PRINTABLE OBJECTS
via 3ders by Alec on 3/27/16
URL: http://www.3ders.org/articles/20160327-exeter-university-researchers-to-explore-anti-
piracy-licensing-platform-for-3d-printable-objects.html
This latest effort by the University of Exeter can be seen as part of that trend, but then one that
goes beyond toys to tackle piracy and copyright issues ...
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Joshua L. Simmons
WHO CAN CLAIM IT? RIGHT TO RECLAIM CASES SHED LIGHT ON COPYRIGHT
ADVANTAGE FOR AUTHORS
via IP Brief by Nicole Daley on 3/27/16
URL: http://www.ipbrief.net/2016/03/27/who-can-claim-it-right-to-reclaim-cases-shed-light-on-
copyright-advantage-for-authors/
Renewal and termination rights in copyright law are a source of confusion. Understanding when
an author has the right to recapture a copyright once ...
TOOTHLESS COPYRIGHT LAWS A BANE FOR PUBLISHERS IN PAKISTAN

via Pakistan Today by Arshad Hussain on 3/27/16
URL: http://www.pakistantoday.com.pk/2016/03/28/business/toothless-copyright-laws-a-bane-
for-publishers-in-pakistan/
Oxford University Press Pakistan (OUP) Managing Director Ameena Saiyid has said that piracy
– violation of Intellectual Property Rights (IPR) – is ...
VIRTUAL REALITY MAY CREATE NOVEL IP ISSUES IN THE REAL WORLD

via Law360: Intellectual Property by Jonathan M. Purow on 3/28/2016
Within a couple of years, the types of uses for virtual reality will change dramatically. Users will
be able to tour a virtual version of the house they are considering buying, and friends from
around the world will hang out with each other in virtual bars. With the rise of virtual worlds
comes a number of questions about how different parties are going to create, use and enforce
their trademarks and copyrights, says Jonathan Purow of Gottlieb Rackman & Reisman PC.
JUDGE DOESN'T WANT GOOGLE TO GOOGLE THE FAVORITE BOOKS AND SONGS
OF POTENTIAL JURORS
URL: http://www.hollywoodreporter.com/thr-esq/judge-doesnt-want-google-google-878548
In a big copyright trial, a federal judge confronts a privacy dilemma.
MCDONALD'S ACCUSED OF USING GRAFFITI DECOR WITHOUT CONSENT

A Los Angeles-based graffiti and tattoo artist told a California federal judge Friday that
McDonald’s Corp. used a copy of his work for display in its restaurants across Europe and Asia
without consent, damaging his reputation and causing him to lose sponsors.
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WILEY TELLS HIGH COURT REASONABLENESS IS OK FEE STANDARD

via Law360: Intellectual Property by Jack Newsham on 3/28/2016
Publisher John Wiley & Sons has urged the U.S. Supreme Court to reject a foreign textbook
reseller’s bid for attorney’s fees, saying the reseller’s David-and-Goliath portrayal of his
copyright fight with Wiley shouldn’t overshadow the fact that the publisher’s arguments were
reasonable.
USHER ASKS 3RD CIRC. TO BACK 'BAD GIRL' COPYRIGHT SUIT WIN
via Law360: Intellectual Property by Shayna Posses on 3/28/2016
Rhythm and blues artist Usher, Sony Music Entertainment Inc. and others urged the Third
Circuit on Friday to affirm the dismissal of a suit over the singer’s track “Bad Girl,” arguing a
songwriter is trying to reinvent his copyright suit on appeal.
CAMERON AGAIN BEATS FANTASY WRITER'S 'AVATAR' THEFT SUIT

A California appeals court on Friday refused to revive a fraud suit claiming that director James
Cameron ripped off the idea for "Avatar," finding insufficient similarities between the highest-
grossing film of all time and a writer's science fiction story.
NBC, ICE CUBE DODGE BULK OF $110M ‘COMPTON’ SUIT FOR NOW
A California federal judge Monday tentatively dismissed most of ex-N.W.A. manager Gerald
Heller’s $110 million lawsuit alleging NBCUniversal, Ice Cube and others cribbed his memoir
and and slandered him through his portrayal as a "sleazy manager" in "Straight Outta Compton,"
but said Heller could try again with more specific allegations.
TURTLES ADD SUSMAN GODFREY TO SIRIUS PRE-1972 ROYALTIES ROW

Rock band The Turtles asked a California federal judge Monday to approve the addition of
Susman Godfrey LLP as co-counsel in a class action seeking royalty payments from Sirius XM
Radio Inc. for thousands of pre-1972 recording artists.
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Joshua L. Simmons
GOOGLE AND ORACLE MUST DISCLOSE MINING OF JURORS’ SOCIAL MEDIA

via Law Blog by Jacob Gerhsman on 3/28/2016
URL: http://blogs.wsj.com/law/2016/03/28/google-and-oracle-must-disclose-mining-of-jurors-
social-media/
Internet research by jurors is a common concern for judges. In a high-stakes copyright fight
between two Silicon Valley giants, it's Internet research on jurors that's drawing particular
scrutiny from the court.
STAR TREK' LAWSUIT NOW EXPLORES WHAT VULCANS AND VAMPIRES HAVE IN
COMMON
URL: http://www.hollywoodreporter.com/thr-esq/star-trek-lawsuit-explores-what-878837
Plus, the 19th-century Supreme Court case that is being called upon to knock the contention that
the language of Klingon is copyrighted.
ORACLE WANTS $8.8B FROM GOOGLE IN JAVA COPYRIGHT CASE

Oracle Corp. could be seeking as much as $8.8 billion in a looming jury trial over Google Inc.’s
alleged infringement of software copyrights in its Android operating system, according to new
court documents.
POLICING THE PIRATES: 30% OF TAKEDOWN REQUESTS ARE QUESTIONABLE

(STUDY)
via Variety by Brent Lang on 3/29/2016
URL: http://variety.com/2016/film/news/movie-piracy-robots-failing-copyright-protection-
1201741331/
Roughly 30% of requests to takedown copyrights material are of questionable validity, according
to a new study by the University of California, ...
- 300 -
THIS 'BRAIN-INSPIRED' SUPERCOMPUTER WILL EXPLORE DEEP LEARNING FOR

THE U.S. NUCLEAR PROGRAM
via ITworld News by Katherine Noyes on 3/29/2016
URL: http://www.itworld.com/article/3049355/this-brain-inspired-supercomputer-will-explore-
deep-learning-for-the-us-nuclear-program.html
A new low-power, "brain-inspired" supercomputing platform based on IBM chip technology will
soon start exploring deep learning for the U.S. nuclear program.
ORACLE WILL SEEK A STAGGERING $9.3 BILLION IN 2ND TRIAL AGAINST

GOOGLE
URL: http://arstechnica.com/tech-policy/2016/03/oracle-will-seek-a-staggering-9-3-billion-in-
2nd-trial-against-google/
The company will ask another jury to make Google pay the biggest IP verdict ever.
DISGORGEMENT OF INFRINGER'S PROFITS IN APPLE V. SAMSUNG AND ORACLE V.

GOOGLE: APPORTIONMENT IS KEY
via FOSS Patents by Florian Mueller on 3/30/2016
URL: http://www.fosspatents.com/2016/03/disgorgement-of-infringers-profits-in.html
At times I wish I knew everything about the cases I follow that the litigators working on them
know, but it's possible that at times they wish they had the liberty to be as consistent in their
positions on policy as an independent blogger--more independent than ever since I started the
blog--can afford to be.
PETA TO APPEAL AGAINST 'MONKEY SELFIE' RULING

via World Intellectual Property Review by Denys Kutsevalov on 3/30/2016
URL: http://www.worldipreview.com/news/peta-to-appeal-against-monkey-selfie-ruling-9784
... the Northern District of California rejected PETA's claim and stated that any copyright
ownership by animals is a matter for Congress, not the courts.
SNAPCHAT COPYCATS COULD END UP IN PRISON

via IP Pro by Tammy Facey on 3/30/2016
Capturing a Snapchat picture message and forwarding it on without consent could land the
sender in jail under copyright charges, the UK culture ...
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Joshua L. Simmons
FILMON BLASTS 'LUDDITE' TV BROADCASTERS AT 9TH CIRC.

FilmOn X pressed the Ninth Circuit on Monday to rule that Internet streaming services deserve
the same automatic copyright license as traditional cable companies, calling opposition from
television broadcasters a “Luddite argument” that “should be relegated to the history books.”
WEB TV COMPANY NOT ENTITLED TO LICENSE TO STREAM CONTENT

via Bloomberg BNA by Alexis Kramer on 3/30/2016
URL: http://www.bna.com/web-tv-company-n57982069213/
FilmOn X, subsequent to that decision, argued a different theory: that the retransmission of
copyrighted works is authorized under the compulsory ...
INSTAGRAM SUED BY PHOTOGRAPHER OVER COPYRIGHT CLAIMS

via Billboard by Gil Kaufman on 3/30/2016
URL: http://www.billboard.com/articles/news/7317941/instagram-sued-photographer-copyright-
claims-microphone
An attendee takes a photo of the Instagram logo during a press event at Facebook headquarters
on June 20, 2013 in Menlo Park, Calif.
ALLEGEDLY INFRINGING AD CAMPAIGN: TRADEMARK CLAIMS PREEMPTED BY

COPYRIGHT
via Lexology by David O. Klein on 3/30/2016
URL: http://www.lexology.com/library/detail.aspx?g=3f3db832-4e21-4cb3-87ef-b04b7cdcd7ec
Nobody puts Lions Gate Entertainment Inc.'s (“Lions Gate”) Dirty Dancing brand in a corner –
except for a California federal district court and an ...
JUDGE ALLOWS SUIT BY REFUGEES CLAIMING COPYRIGHT…

via ABA Journal by Debra Cassens Weiss on 3/30/2016
URL:
http://www.abajournal.com/news/article/judge_allows_suit_by_refugees_claiming_copyright_pr
otection_in_interviews_t
In a March 22 decision (PDF), U.S. District Judge Leigh Martin May allowed a copyright claim
stemming from their taped interviews and said it could, ...
- 302 -
LOCAL BAR SUED OVER SONGS THAT BANDS PLAYED

via Southeast Missourian by Ben Kleine on 3/30/2016
URL: http://www.semissourian.com/story/2291003.html
Longshots was sued by Broadcase Music Inc., which holds performance rights to 8.5 million
copyrighted musical compositions, and 13 other plaintiffs ...
US TECH INDUSTRY ASSOCIATIONS ENDORSE TPP

URL: http://www.ip-watch.org/2016/03/31/us-tech-industry-associations-endorse-tpp/
A number of internet and software industry in the United States have come out in support of the
Trans-Pacific Partnership (TPP) negotiated by the Office of the US Trade Representative
(USTR) last year.
ORACLE, GOOGLE OK INTERNET BLACKOUT FOR JURY SELECTION

URL: http://www.law.com/sites/articles/2016/03/31/oracle-google-ok-internet-blackout-for-jury-
selection/
Lawyers for the two companies agreed Thursday to go along with Judge William Alsup's ban on
web research into potential and empaneled jurors.
GOOGLE OBJECTS TO ORACLE'S $8.8 BILLION CLAIM FOR JAVA TRIAL

via Bloomberg by Joel Rosenblatt on 3/30/2016
URL: http://www.bloomberg.com/news/articles/2016-03-31/google-objects-to-oracle-s-8-8-
billion-claim-for-java-trial
In a 5 1/2-year-old lawsuit alleging that Google's Android infringed Oracle's copyrights for Java
software, the database maker is pegging its damages ...
RUBBER DUCK ARTIST FLORENTIJN HOFMAN IN PLAGIARISM ROW WITH BRAZIL

PROTESTERS
via BBC News by Ricardo Senra on 3/30/2016
URL: http://www.bbc.com/news/world-latin-america-35931668
But the design is similar to one by Dutch artist Florentijn Hofman, who told the BBC the
Brazilian replica constitutes copyright infringement. The owner ...
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Joshua L. Simmons
GOOGLE-FUNDED STUDY ON COPYRIGHT TAKEDOWNS DROPS THE BALL

URL: http://voxindie.org/google-funded-dmca-study-suspect/
Google-funded report generates desired headlines and conveniently downplays the role of
DMCA counter-notices–ignoring fact the system is weighted against rights holders A new report
on the DMCA notice and takedown system, Notice and Takedown in Everyday Practice, was
released yesterday. Co-authored by researchers at Berkeley Law and Columbia University
(collaborators for The Takedown Project), the release is clearly timed to generate
“BATMOBILE” DECISION STANDS, AS US SUPREME COURT DENIES PETITION

via Lexology by Thomas Huthwaite on 3/31/2016
URL: http://www.lexology.com/library/detail.aspx?g=f49ba358-5119-4fdb-a61b-4c09ae147064
Secondly, a specific copyright exception appears to have been carved out for automobile designs,
which are typically excluded from copyright ...
YOU'RE VIOLATING COPYRIGHT LAW EVERY TIME YOU SCREENSHOT A

SNAPCHAT
via The Huffington Post by David Barden on 3/31/2016
URL: http://www.huffingtonpost.com.au/2016/03/30/snapchat-screenshot-
illegal_n_9579380.html
“The person who owns the copyright in that [photo] will be the person who took the photograph
unless they are doing it in the course of employment,” ...
FORDHAM IP CONFERENCE 2016 - DAY 1 LIVE!

via Managing Intellectual Property by Michael Loney on 3/31/2016
URL: http://www.managingip.com/Article/3541920/Fordham-IP-Conference-2016-day-1-
live.html
These discussions are in the end about the exclusive nature of copyright, she says, before being
cut off by moderator Hugh Hansen, who asks her how ...
MUSIC INDUSTRY A-LISTERS CALL ON CONGRESS TO REFORM COPYRIGHT ACT

URL: http://www.hollywoodreporter.com/thr-esq/music-industry-a-listers-call-879718
A day before a crucial deadline, the music industry is pulling no punches.
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GOOGLE WANTS EXPERT REPORT NIXED IN $8.8B COPYRIGHT CASE

Google sought Wednesday to strike portions of the testimony offered by the court’s own
damages expert for a looming jury trial over the company’s alleged $8.8 billion infringement of
Oracle Corp. software copyrights, arguing that his opinions span “an extremely broad range” and
are not supported by sufficient evidence.
IN “LOST BOYS” SUIT OVER 2014 MOVIE, JUDGE OKS NOVEL COPYRIGHT THEORY
via Reuters by Alison Frankel on 3/31/2016
URL: http://blogs.reuters.com/alison-frankel/2016/03/31/in-lost-boys-suit-over-2014-movie-
judge-oks-novel-copyright-theory/
Is an interview a creative collaboration between questioners and their subjects? And, if so, do
interview subjects have copyrights?
CIRQUE DU SOLEIL SLAPS TIMBERLAKE WITH IP SUIT OVER SAMPLE

Cirque du Soleil on Thursday launched a New York federal suit accusing Justin Timberlake,
Universal, Sony and others of infringing one of the theatrical performance company's copyrights
with his song "Don't Hold the Wall."
MUSIC INDUSTRY A-LISTERS CALL ON CONGRESS TO REFORM COPYRIGHT ACT

URL: http://www.billboard.com/articles/business/7318658/music-industry-stars-congress-
reform-copyright-act
“Among other issues, the Office will consider the costs and burdens of the notice-and-takedown
process on large- and small-scale copyright owners, ...
JUDGE SKEPTICAL THAT UMG HAD ORAL IP DEAL WITH MEDIA CO.
Inflight entertainment provider Golden Eagle Entertainment argued to a skeptical California

federal judge on Thursday that it did not willfully infringe on UMG Recordings Inc.’s
copyrighted music, saying emails showed an oral agreement for use was in force until a written
agreement was signed.
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Joshua L. Simmons
ROTTEN RECORDS SUES UNIDENTIFIED BITTORRENT USER FOR ALLEGED

COPYRIGHT VIOLATION
via PennRecord.com by Annie Hunt on 3/31/2016
URL: http://pennrecord.com/stories/510704812-rotten-records-sues-unidentified-bittorrent-user-
for-alleged-copyright-violation
Rotten Records Inc. seeks that the court permanently enjoin the defendant from continuing to
infringe the copyrighted work, an order to remove the ...
VIDEO CREATORS ARE FRUSTRATED WITH FACEBOOK'S ANTIPIRATING EFFORTS

via Nasdaq on 3/31/16
URL: http://www.nasdaq.com/article/video-creators-are-frustrated-with-facebooks-antipirating-
efforts-20160331-00383
Filmmaker Brady Haran uploaded a video to his science-focused YouTube channel showing
what happens when you drop Lithium metal into 7 Up soda.
THE COSTS AND BENEFITS OF COPYRIGHT: GETTING THE FACTS STRAIGHT

via Hugh Stephens Blog on 3/31/16
URL: http://hughstephensblog.net/2016/03/31/the-costs-and-benefits-of-copyright-getting-the-
facts-straight/
Last week I wrote about the exaggerated and wildly inaccurate claims made by opponents of
copyright term extension in Canada regarding the supposed economic losses to the Canadian
economy of extending the term of protection from 50 to 70 years.
HOW TO SEND A TAKEDOWN NOTICE TO GOOGLE IN 46 (OR MORE) EASY STEPS!

via Nova Southeastern University by Stephen Carlisle on 3/31/16
URL: http://copyright.nova.edu/takedown-notice-google/
As a postscript to the last blog post on DMCA takedown notices, I thought it might be helpful to
understand what is involved in sending a takedown notice.
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April 2016
ARTISTS, MUSIC INDUSTRY URGE REFORM OF “BROKEN” DMCA

URL: http://www.ip-watch.org/2016/04/01/artists-music-industry-urge-reform-of-broken-dmca/
Arguing that the copyright law in the United States intended to protect creative works while
allowing access by the next creators is "broken", hundreds of top artists, songwriters, managers
and music associations are urging reforms to the law. Top performers like Katy Perry and
Christina Aguilera joined the call.
KATY PERRY, BILLY JOEL AND OTHER TOP ARTISTS PUSH FOR CHANGE TO US
COPYRIGHT LAW
via The Telegraph by David Lawler on 4/1/2016
URL: http://www.telegraph.co.uk/news/2016/04/01/katy-perry-billy-joel-and-other-top-artists-
push-for-change-to-u/
Big name musicians including Katy Perry, Billy Joel and Rod Stewart are pushing for changes to
a US copyright law that they claim robs them of ...
GOOGLE AND ORACLE AGREE NOT TO RESEARCH JURORS ONLINE AHEAD OF

MAJOR TRIAL
URL: http://blogs.wsj.com/law/2016/04/01/google-and-oracle-agree-not-to-research-jurors-
online-ahead-of-major-trial/
The social media life and Internet activity of jurors can be a valuable resource for litigators, who
routinely mine the world wide web for insights into the minds of the men and women they need
to persuade. But two tech giants are swearing off the practice as they prepare to face off in a
major copyright trial.
COPYRIGHT SCHOLARS: COURTS HAVE DISRUPTED THE DMCA’S CAREFUL

BALANCE OF INTERESTS
URL: http://cpip.gmu.edu/2016/04/01/copyright-scholars-courts-have-disrupted-the-dmcas-
careful-balance-of-interests/
The U.S. Copyright Office is conducting a study of the safe harbors under Section 512 of the
DMCA, and comments are due today. Working with Victor Morales and Danielle Ely from
Mason Law’s Arts & Entertainment Advocacy Clinic, we drafted and submitted comments on
behalf of several copyright law scholars. In our Section 512 comments, … Continue reading
Copyright Scholars: Courts Have Disrupted the DMCA’s Careful Balance of Interests ?
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Joshua L. Simmons
THOUSANDS OF ARTISTS DEMAND CHANGES TO DMCA EXPLOITATION

via Digital Music News by Charlotte Hassan on 4/1/2016
URL: http://www.digitalmusicnews.com/2016/04/01/riaa-400-artists-songwriters-managers-and-
music-organisations-plead-for-dmca-reforms/
Hundreds of music industry figures have joined forces to collectively petition to the U.S.
Copyright Office for reforms to the current Digital Millennium ...
GOOGLE AND ORACLE BOTH SWEAR THEY WON’T GOOGLE JURORS IN

UPCOMING TRIAL
URL: http://arstechnica.com/tech-policy/2016/04/google-and-oracle-both-swear-they-wont-
google-jurors-in-upcoming-trial/
Judge: "The jury is not a fantasy team composed by consultants."
MIDDLE CLASS ARTISTS WANT A DMCA SYSTEM THAT WORKS

via CPIP by Rebecca Cusey on 4/1/2016
URL: http://cpip.gmu.edu/2016/04/01/middle-class-artists-want-a-dmca-system-that-works/
Mason Law’s Arts & Entertainment Advocacy Clinic filed comments today with the U.S.
Copyright Office detailing the frustrations and futilities experienced by everyday artists as they
struggle with the DMCA system to protect their copyrights online.
GOOGLE, ORACLE TO STAY OUT OF JURORS' SOCIAL MEDIA IN IP TRIAL

Google and Oracle each agreed on Thursday to refrain from researching potential jurors' social
media accounts before and during an upcoming copyright infringement trial, a week after the
California judge presiding over the closely watched case with potentially $8.8 billion at stake
strongly advised against such invasive searches.
SHKRELI SAYS NO DIRECT INFRINGEMENT OF WU-TANG ALBUM ART

Indicted pharmaceutical executive Martin Shkreli asked a New York federal court on Friday to
cut him out of a copyright infringement suit over illustrations contained in a $2 million one-of-a-
kind Wu-Tang Clan album he purchased, arguing he did not directly infringe the images.
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US JUDGE REFUSES TO REVIVE SHAKIRA COPYRIGHT CASE, LEVIES SANCTIONS

URL: http://www.reuters.com/article/ip-shakira-ruling-idUSL2N17504V
Calling its newest arguments "nonsense," a federal judge in Manhattan refused to revive a New
York music publisher's case against Sony Corp over ...
ASTROTURF ORGANIZATIONS TYPICALLY HYSTERICAL ON DMCA

URL: http://illusionofmore.com/astroturf-organizations-hysterical-dmca/
As the deadline approached for public comments to the Copyright Office in anticipation of its
review of Section 512 of the DMCA, TorrentFreak reported yesterday morning that 50,000
“citizens” chimed in to protest DMCA “abuse,” apparently enough to “crash” the …
A SPIRITUAL SUCCESSOR TO AARON SWARTZ IS ANGERING PUBLISHERS ALL

OVER AGAIN
URL: http://arstechnica.com/tech-policy/2016/04/a-spiritual-successor-to-aaron-swartz-is-
angering-publishers-all-over-again/
Meet accused hacker and copyright infringer Alexandra Elbakyan.
DIGITAL RIGHTS GROUPS: DMCA REFORM SHOULD TARGET TAKEDOWN ABUSE,

ERRORS
URL: http://www.ip-watch.org/2016/04/03/digital-rights-groups-dmca-reform-should-target-
takedown-abuse-errors/
Advocacy groups supporting digital rights and access online joined rights holders and artists in
calling for reform to the United States law intended to balance copyright protection with the free
flow of information on the internet.
FEIST V. RURAL IN THE DIGITAL AGE

via Columbia Business Law Review by Hilary Benedick on 4/3/2016
URL: http://cblr.columbia.edu/archives/13813
Web scraping, or spidering as it is more colorfully known, involves the automated gathering of
data from a website. This data can then be used for analytic purposes, to direct web traffic (as
Google does), to amalgamate information from different websites for easier access, or to provide
many other, sometimes controversial, web-based services. With this highly efficient method for
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Joshua L. Simmons
gathering information, there is naturally a pushback from website owners to restrict mass
collection and use of their published work. To […]
CHALLENGES IN COPYRIGHT, AT BALTIMORE

URL: http://madisonian.net/conferences/2016/04/03/challenges-in-copyright-at-baltimore/
For those of you who are in the Baltimore/DC on April 15, 2016, and have finished your taxes, I
want to invite you to come to a copyright conference at the University of Baltimore. We’ve got
some great speakers, including …
FEIST, AT AMERICAN WCL

URL: http://madisonian.net/conferences/2016/04/03/feist-at-american-wcl/
The Program for Information Justice & Intellectual Property and the D.C. Chapter of the
Copyright Society of the U.S.A. present: The 25th Anniversary of Feist Pubs. Inc., v. Rural Tel.
Svc. Co., Inc., 499 U.S. 340 (1991): A Discussion of …
THREE-STRIKES PIRACY CODE SHOULD BE SHELVED FOR A YEAR: COMMS

ALLIANCE CEO
URL: http://www.zdnet.com/article/three-strikes-piracy-code-should-be-shelved-for-a-year-
comms-alliance-ceo/
Communications Alliance CEO John Stanton has said that internet service providers (ISPs) and
copyright holders are working together to suggest that ...
MEET THE COMPANY WHICH WANTS TO STOP PIRATES USING THE WEB UNTIL
THEY PAY UP
via ZDNet by Charlie Osborne on 4/4/2016
URL: http://www.zdnet.com/article/meet-the-company-which-wants-to-stop-pirates-using-the-
web-until-they-pay-up/
ISPs are often reluctant to get involved in cases of copyright theft and pirating for a number of
reasons, including the idea that customers may turn ...
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JUSTIN BIEBER ATTORNEYS FIGHT TO SAVE THEIR EXPERTS AFTER MISSING

DEADLINE IN COPYRIGHT LAWSUIT
URL: http://www.hollywoodreporter.com/thr-esq/justin-bieber-attorneys-fight-save-880470
The judge gets tough in a bid to make a trial happen by October.
COPYRIGHT Q&A
via Copyright Alliance by Rob Kasunic on 4/4/2016
URL: https://copyrightalliance.org/2016/03/copyright_qa
We asked creators to submit questions about the copyright registration process. Rob Kasunic,
Director of Registration Policy and Practices at the United States Copyright Office, answered the
questions and today we are starting a series of Q&As providing clarity about the process.
VANCOUVER AQUARIUM WINS INJUNCTION AGAINST CRITICAL FILMMAKER

via CBCNews by Jason Prodox on 4/4/2016
URL: http://www.cbc.ca/news/canada/british-columbia/vancouver-aquarium-wins-injunction-
against-critical-filmmaker-1.3520055
Charbonneau claims any use of the allegedly copyrighted material in the film is ... He claims he
was also covered by the Copyright Act because use of ...
NINTH CIRCUIT AMENDS OPINION TO BROADEN FAIR USE PROTECTIONS IN

DMCA TAKEDOWNS
via JOLT Digest by Ken Winterbottom on 4/4/2016
URL: http://jolt.law.harvard.edu/digest/jurisdiction/9th-circuit/ninth-circuit-amends-opinion-to-
broaden-fair-use-protections-in-dmca-takedowns
Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns By Sheri
Pan – Edited by Henry Thomas Lenz v. Universal Music, the “dancing baby” copyright case,
was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion.
The changes removed language – mostly dicta – from the original opinion, seemingly raising the
bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a
“searching or intensive” review of potential fair use defenses was removed.
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WIKIMEDIA'S FREE PHOTO DATABASE OF ARTWORKS VIOLATES COPYRIGHT,

COURT RULES
via The Guardian on 4/4/2016
URL: http://www.theguardian.com/world/2016/apr/05/wikimedias-free-photo-database-of-
artworks-violates-copyright-court-rules
The Swedish supreme court has rules mass distribution of free photos of artwork violates artist's
copyright. Photograph: Brendan Smialowski/AFP/Getty ...
HONG KONG GOV'T AGREES TO KILL CONTROVERSIAL COPYRIGHT BILL

via Variety by Patrick Frater on 4/5/2016
URL: http://variety.com/2016/digital/asia/hong-kong-to-kill-copyright-bill-1201745625/
The Hong Kong government has agreed to approve an opposition motion to end debate on a new
copyright law. The motion is to be voted through on ...
EA PULLS DONALD TRUMP FAN ELECTION CAMPAIGN VIDEO OVER COPYRIGHT

INFRINGEMENT
via BBC on 4/5/2016
URL: http://www.bbc.co.uk/newsbeat/article/35967510/donald-trump-fan-election-campaign-
video-pulled-over-ea-copyright-infringement
Donald Trump has had to remove a tweet promoting a parody of the video game Mass Effect
after makers EA complained it infringed their copyright.
WIKIMEDIA SWEDEN ART MAP 'VIOLATED COPYRIGHT'

via BBC on 4/5/2016
URL: http://www.bbc.com/news/technology-35969734
A website documenting public artworks in Sweden violated copyright laws, the country's
supreme court has ruled. Visitors to the Offentlig Konst site ...
TO THE BATMOBILE!
via Fordham Intellectual Property, Media & Entertainment Law Journal by Natali Arencibia on
4/5/2016
URL: http://www.fordhamiplj.org/2016/04/05/to-the-batmobile/
Batman once told his sidekick Robin, “In our well-ordered society, protection of private property
is essential.” But how far does this protection extend? On Monday, March 7th, the United States
Supreme Court decided not to review an appeal of the Ninth Circuit case testing the bounds of
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copyright protection. The case affirmed that Batman’s mobile crime fighter, the Batmobile, is a
copyrightable character and entitled to copyright protection.
WHAT GOOGLE'S APRIL FOOLS' DAY SNAFU SAYS ABOUT SOFTWARE

COPYRIGHTS
via Slate by Charles Duan on 4/5/2016
URL:
http://www.slate.com/blogs/future_tense/2016/04/05/what_google_s_april_fools_day_snafu_say
s_about_software_copyrights.html
If I learned something from April Fools' Day last week, it is that the fastest way to send
humanity into chaos and confusion is by swapping the forward ...
PRE-1972 SONG OWNERS ATTACK CBS' 'REMASTER' DEFENSE

Rights holders suing CBS Radio over pre-1972 songs urged a federal judge Monday to reject the
novel defense that “remastered” songs weren’t technically recorded before 1972, warning that
such a rule would “extend copyright protection indefinitely.”
MADONNA, WARNER MUST REPLAY 'VOGUE' IP SUIT, 9TH CIRC. TOLD

The owner of Salsoul Records' catalog urged the Ninth Circuit Tuesday to revive its suit alleging
Madonna and Warner Music Group illegally sampled a Salsoul-owned song for the pop star's
1990 hit “Vogue,” arguing sampling even a single horn chord is copyright infringement.
THE LEGALITY OF SELLING "USED" DIGITAL SONGS AND MOVIES HEADED TO

APPEALS COURT
URL: http://www.hollywoodreporter.com/thr-esq/legality-selling-used-digital-songs-881362
ReDigi strikes a deal to avoid facing Capitol Records at trial next week, but now, it gets really
interesting.
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Joshua L. Simmons
MARTIN SHKRELI'S LAWYER ARGUES FAIR USE IN COPYRIGHT LAWSUIT OVER

ART WITHIN WU-TANG RECORD
URL: http://www.billboard.com/articles/news/7325382/martin-shkreli-wants-out-of-copyright-
lawsuit-wu-tang-clan-album
Martin Shkreli, former CEO Turing Pharmaceuticals, photographed during a House Oversight
and Government Reform Committee in Washington, D.C. ...
ORACLE V GOOGLE JUDGE WEIGHS FAIR USE 'ALTERNATE UNIVERSE'

The judge set to oversee next month’s $8 billion copyright trial between Oracle and Google
wants to know whether he should consider “an alternate universe” when weighing one of the fair
use doctrine’s key factors.
INTERNET HYPERLINKS DO NOT INFRINGE COPYRIGHT, EU COURT ADVISED

URL: http://www.reuters.com/article/us-internet-copyright-eu-court-idUSKCN0X40UU
While European Union rules say every act of communication of a copyrighted work has to be
cleared by the copyright owner, it would be to the ...
INTERNET HYPERLINKS DO NOT INFRINGE COPYRIGHT'

via The Times of India on 4/7/2016
URL: http://timesofindia.indiatimes.com/tech/tech-news/Internet-hyperlinks-do-not-infringe-
copyright/articleshow/51729168.cms
A link to a website which publishes photos without authorisation of the author does not in itself
constitute a copyright infringement, ...
EU LAWYER SIDES AGAINST PLAYBOY IN HYPERLINKS CASE

via BBC by Chris Baraniuk on 4/7/2016
URL: http://www.bbc.com/news/technology-35987353
An advocate general has now sided with the case of GS Media, against a claim of copyright
infringement filed by Playboy's publisher. The pictures ...
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STOP THE MADNESS OF IP THEFT IN SPORTS

URL: http://www.theglobalipcenter.com/stop-the-madness-of-ip-theft-in-sports/
Sports are more than a mere pastime or entertainment. Like many other diverse industries, it
relies on a key ally in order to be able to bring fans the sporting events and programming they
demand: intellectual property rights.
FAIR USE PREVAILS FOR UNIVERSITY

Georgia State defended its use of the texts, holding that under fair use, it is allowed to make
small excerpts of copyrighted books available to students ...
A WHALE OF A (COPYRIGHT) TALE: AN UPDATE

URL: http://hughstephensblog.net/2016/04/07/a-whale-of-a-copyright-tale-an-update
A few weeks ago I posted a blog about a lawsuit filed by the Vancouver A quarium against film-
maker Gary Charbonneau for copyright infringement. Charbonneau had made a film critical of
the Aquarium’s cetacean (whale, porpoise and dolphin) rehabilitation program, in which he had
used, without permission, copyrighted material from the Aquarium’s website in his […]
PUBLISHERS SEEK TO STOP BRAVE BROWSER AD-BLOCKING TOOL

via WSJ.com: WSJD by Lukas I. Alpert on 4/7/2016
URL: http://www.wsj.com/articles/publishers-seek-to-stop-brave-browser-ad-blocking-tool-
1460065209
A group of newspaper publishers sent a cease-and-desist letter to Brave Software, the creator of a
Web browser that features built-in ad-blocking software.
JUDGE FOULED IN 'CURVE’ IP SUIT AGAINST WB, 9TH CIRC. HEARS

A producer claiming that Warner Bros. cribbed from his script for its Clint Eastwood film
"Trouble With the Curve” told the Ninth Circuit on Thursday that a California district court
judge erred by disregarding expert testimony and deciding on her own the two stories weren’t
substantially similar.
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Joshua L. Simmons
BEYONCE TAKES LEGAL ACTION AGAINST A TEXAS COMPANY OVER

COPYRIGHT INFRINGEMENT TRADEMARK
URL: http://www.lawyerherald.com/articles/41512/20160408/beyonce-takes-legal-action-
against-a-texas-company-over-copyright-infringement-trademark.htm
Recording artist Beyonce speaks onstage during The 58th GRAMMY Awards at Staples Center
on February 15, ...
COPYRIGHT BOARD ISSUES LANDMARK DECISION IN K-12 SCHOOL PROCEEDING

via Lexology by J. Aidan O'Neill & Ariel A. Thomas on 4/8/2016
URL: http://www.lexology.com/library/detail.aspx?g=bde137ae-a2cd-4289-ae06-f8a9ec9a161d
In view of the magnitude of Access Copyright's loss before the Board, it is not surprising that,
just as it did in response to the Board's May 2015 ...
EU CONSULTS ON “NEIGHBOURING RIGHTS” FOR PUBLISHERS AND “PANORAMA”

COPYRIGHT EXCEPTIONS
URL: http://www.ip-watch.org/2016/04/08/eu-consults-on-neighbouring-rights-for-publishers-
and-panorama-copyright-exceptions/
The European Commission is considering giving publishers the same “neighbouring” rights
currently available to broadcasters and producers of someone else's copyrighted content, it said
in a 23 March consultation document. The inquiry is part of the EC's digital single market
initiative to boost Europe's digital economy.
COPYRIGHT INFRINGEMENT SUIT FILED OVER MAPPLETHORPE PHOTOS

via ABC News on 4/8/2016
URL: http://abcnews.go.com/Entertainment/wireStory/copyright-infringement-suit-filed-
mapplethorpe-photos-38246676
A photographer has filed a $65 million lawsuit against the Robert Mapplethorpe Foundation
alleging he took the images of the late photographer in ...
HYPERLINKS DON'T INFRINGE COPYRIGHT, SAYS AG

Hyperlinking to a website that has published copyright infringing photos is a not a

'communication to the public', an EU advocate general has opined.
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HACKING DEMOCRACY: GOOGLE/YOUTUBE PROXY GROUP “FIGHT FOR THE

FUTURE” CRASHES US COPYRIGHT OFFICE WEBSITE DURING CRUCIAL
COMMENT PERIOD
via The Trichordist on 4/3/16
URL: https://thetrichordist.com/2016/04/03/hacking-democracy-googleyoutube-proxy-group-
fight-for-the-future-crashes-us-copyright-office-website-during-crucial-comment-period/
Torrent Freak is reporting that Google/YouTube proxy “Fight for the Future” generated a flood
of automated “comments” that crashed the regulations.gov website Thursday.
TALKING COPYRIGHT AND THE DIGITAL SINGLE MARKET AT THE FORDHAM IP

CONFERENCE
via LinkedIn by Stan McCoy on 4/7/16
URL: https://www.linkedin.com/pulse/talking-copyright-digital-single-market-fordham-ip-
conference-mccoy
Many Europeans are skeptical of genetic modification when it comes to foods. Should they also
be skeptical of genetic modification of … copyright laws? Maybe so.
DEMOCRACY DISRUPTED
URL: http://illusionofmore.com/democracy-disrupted/
A couple of posts ago, I reported that the organization Fight for the Future had facilitated enough
comments sent to the Copyright Office regarding Section 512 of the DMCA that they “crashed”
the servers. In a follow-up email brimming with … Continue reading ?
LMFAO ESCAPES RICK ROSS COPYRIGHT SUIT OVER 'HUSTLIN''

Electropop duo LMFAO was freed from a copyright lawsuit over its most famous song when a
Florida federal judge ruled Friday that rapper Rick Ross and his producers didn’t have the
copyright registration necessary to sue for a lyric pilfered from rap hit “Hustlin.’”
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Joshua L. Simmons
GOOGLE'S INJUNCTION AGAINST MISSISSIPPI ATTORNEY GENERAL REVERSED

BY APPEALS COURT
URL: http://www.hollywoodreporter.com/thr-esq/googles-injunction-mississippi-attorney-
general-882238
The 5th Circuit tears up an order that prohibited Jim Hood from moving forward with an
investigation of the web giant for making available pirated goods and content.
NEW ORACLE FILING MIGHT RESULT IN DAMAGES THEORY NORTH OF $10

BILLION IN GOOGLE COPYRIGHT CASE
URL: http://www.fosspatents.com/2016/04/new-oracle-filing-might-result-in.html
Last month there was quite some talk on the Internet about Oracle seeking $9.3 billion in
damages from Google in the famous Android-Java copyright case that will go to trial again in a
month, with the bulk of that amount ($8.8 billion) being a claim for disgorgement of infringer's
profits.
COMMUNIST PARTY SEEKS TO COPYRIGHT RED STAR SYMBOL

via NPR on 4/9/2016
URL: http://www.npr.org/2016/04/09/473623505/communist-party-seeks-to-copyright-red-star-
symbol
Russian Communist Party officials are attempting to copyright their party's symbol. But it's a
symbol that's been trademarked by companies established ...
NIGHTCLUBS FACE COURT OVER COPYRIGHT MUSIC

via The Fiji Times Online by Matilda Simmons on 4/9/2016
URL: http://www.fijitimes.com/story.aspx?id=348998
FIVE nightclubs in Suva have been issued summons to appear in court for failure to pay
licensing fees for the use of local composer's copyright music.
SUPREME COURT DE-NA-NA-NA-NA-NA-NA-NA-NA-NIES BATMOBILE APPEAL

URL: http://www.copyhype.com/2016/04/supreme-court-de-na-na-na-na-na-na-na-na-nies-
batmobile-appeal/
Last month, the Supreme Court denied review of a cert petition in DC Comics v. Towle,
regarding whether the Batmobile can be protected by copyright. This in itself isn’t news—the
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Supreme Court only grants roughly 5% of all petitions it receives. But the subject matter of this
litigation brought a fair amount of attention, so […]
JUDGE TOSSES RICK ROSS' "HUSTLIN'" LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/judge-tosses-rick-ross-hustlin-882518
LMFAO can keep shufflin' with no interference from Ross.
LED ZEPPELIN CAN'T ESCAPE CLAIMS IT RIPPED OFF 'STAIRWAY'

via Law360: Intellectual Property by Suevon Lee on 4/11/2016
British rock group Led Zeppelin must face claims it stole the opening riff of 1971's "Stairway to
Heaven" from another band after a California federal judge determined Friday that certain
musical elements of the iconic hit song are sufficiently similar to Spirit’s “Taurus” for the case to
head to jury.
DOLBY MAKING BASELESS IP CLAIMS TO RIVAL'S CUSTOMERS: SUIT

Dolby was hit with a suit in California federal court Monday accusing the audio equipment
maker of misinforming current and potential customers of rival GDC Technology that use of the
latter’s products infringe copyrights held by Dolby, and that the two companies’ products aren't
compatible.
MEET THE THAI MATH PROF WHOSE COPYRIGHT CASE IS HEADED FOR SCOTUS –
AGAIN
URL: http://blogs.reuters.com/alison-frankel/2016/04/11/meet-the-thai-math-prof-whose-
copyright-case-is-headed-for-scotus-again/
In the eight years since the publisher John Wiley & Sons first sued him for copyright
infringement, almost all of the particulars of Supap ...
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Joshua L. Simmons
JUDGE TOSSES RICK ROSS COPYRIGHT SUIT AGAINST LMFAO OVER 'HUSTLIN''
URL: http://www.reuters.com/article/ip-rickross-copyright-idUSL2N17F0BL
A lawsuit alleging that electro-pop group LMFAO's song "Party Rock Anthem" ripped off rapper
Rick Ross' chart-topping "Hustlin'" has been thrown out ...
CAN I USE YOUR PICTURE?': COPYRIGHT ADVICE FOR WORKING WITH

EYEWITNESS MEDIA FAIRLY FROM #IJF16
via Journalism.co.uk by Madalina Ciobanu on 4/12/2016
URL: https://www.journalism.co.uk/news/-can-i-use-your-picture--copyright-advice-for-
working-with-eyewitness-media-fairly-from-ijf16/s2/a628045/
Copyright is an important concern for news organisations who rely heavily on social media to
source eyewitness footage in their reporting. Attributing ...
THE FUTURE OF DIGITAL CINEMA MAY BE AT STAKE IN LAWSUIT OVER

INTEROPERABILITY
URL: http://www.hollywoodreporter.com/thr-esq/future-digital-cinema-may-be-882944
GDC and Dolby go to war over whether the messages and commands that allow motion pictures
to play on screen are a protected form of intellectual property.
RIAA STILL HATES THE DMCA, EVEN AS STREAMING REVENUES SOAR

via Ars Technica by Valendtina Palladino on 4/12/2016
URL: http://arstechnica.com/business/2016/04/riaa-still-hates-the-dmca-even-as-streaming-
revenues-soar/
Record labels want more revenue from the free, ad-supported music on YouTube.
"HAPPY BIRTHDAY" LEGAL TEAM SEEKS TO FREE "WE SHALL OVERCOME" FROM
COPYRIGHT
URL: http://www.hollywoodreporter.com/thr-esq/happy-birthday-legal-team-seeks-882961
A documentary filmmaker is the lead plaintiff in a lawsuit over the famous protest song
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BLURRED LINES' JUDGE DENIES GAYE FAMILY'S $3.5M FEE BID

A California federal judge on Tuesday refused to order Robin Thicke and Pharrell Williams to
pay Marvin Gaye’s family an extra $3.5 million in legal fees following the blockbuster verdict
last year that their “Blurred Lines” infringed one of Gaye's iconic songs.
CROSS-BORDER ACCESSIBILITY MUST NOT CORRODE COPYRIGHT

URL: http://ipprotheinternet.com/ipprotheinternetnews/article.php?article_id=4869
Removing unjustified geo-blocking must not lead to the abolition of the territoriality of
copyright, according to local and regional EU representatives.
CALIF. ART RESALE LAW PREEMPTED BY COPYRIGHT, JUDGE SAYS

A federal judge on Monday ruled that California’s Resale Royalty Act is preempted by federal
copyright law, once again tossing long-running class action litigation against Christie's Inc.,
Sotheby's Inc. and eBay Inc. over their refusal to pay the state law’s required royalties.
JUDGE DENIES MARVIN GAYE FAMILY'S REQUEST FOR PHARRELL AND ROBIN
THICKE TO PAY THEIR LEGAL FEES
URL: http://www.hollywoodreporter.com/thr-esq/judge-denies-marvin-gaye-familys-883093
Gaye's heirs had asked for about $3.5 million in attorney's fees and costs connected to their legal
fight with Robin Thicke and Pharrell Williams.
"STAIRWAY TO HEAVEN" LAWSUIT IS HARDLY A SLAM DUNK EVEN IF LED

ZEPPELIN IS GOING TO TRIAL
URL: http://www.hollywoodreporter.com/thr-esq/stairway-heaven-lawsuit-is-a-883169
The similarity of Spirit's "Taurus" isn't the only controversy.
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Joshua L. Simmons
STAR TREK' STUDIOS SAY COPYRIGHT SUIT ON SOLID GROUND

Paramount Pictures and CBS Studios told a California federal court Monday that the "Star Trek"
fans behind a short film and yet-to-be-released feature must face a copyright infringement suit,
arguing the claims are alleged in “copious detail” and satisfy the pleading standard.
COPYRIGHT VIOLATIONS NOT TAKEN SERIOUSLY: INTA GLOBAL CEO

via The Times of India by Lubna Kably on 4/12/2016
URL: http://timesofindia.indiatimes.com/business/india-business/Trademark-violations-not-
taken-seriously-INTA-global-CEO/articleshow/51802533.cms
The main concern of global brands in relation to India are the challenges relating to Indian laws.
The International Trademark Association (INTA), ...
BAD GIRL' COLLABORATOR URGES 3RD CIRC. TO REVIVE USHER ROW

via Law360: Intellectual Property by Shayna Posses on 4/12/2016
A songwriter has told the Third Circuit that he filed suit over rhythm and blues artist Usher’s
track “Bad Girl” precisely to seek ownership credit for his work, saying claims that he is trying
to rework his copyright litigation on appeal are “fantastical.”
FACEBOOK LAUNCHES TOOL TO COMBAT FREEBOOTING

via WSJ.com: WSJD by Steven Perlberg on 4/12/2016
URL: http://www.wsj.com/articles/facebook-launches-tool-to-combat-video-freebooting-
1460492932
Amid complaints from video creators that their content is being stolen and re-uploaded across
Facebook, the company is releasing a new rights management tool for video producers and
companies that aims to combat the “freebooting” piracy issue.
GOOGLE’S “SAFE BROWSING” INITIATIVE IS MORE BARK THAN BITE

URL: http://voxindie.org/googles-safe-browsing-is-more-bark-than-bite/
Despite headlines, it's still business as usual for Google -- Piracy sites full of malware and
deceptive ads top Google search
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FACEBOOK LIVE'S BIG PROBLEM ISN'T PORN. IT'S COPYRIGHT.

via Slate by Jacob Brogan on 4/12/2016
URL:
http://www.slate.com/blogs/future_tense/2016/04/12/facebook_live_video_has_a_problem_with
_copyright_not_porn_despite_rights.html
If you believe some of what you read, Facebook's Live video program has an intimacy problem:
In Wired, for example, Julia Greenberg reports on the ...
TRADE COMMISSION WILL REVIEW CONTENTIOUS CISCO-ARISTA PATENT

DISPUTE
via ITworld News by Michael Cooney on 4/12/2016
URL: http://www.itworld.com/article/3055209/cisco-subnet/trade-commission-will-review-
contentious-cisco-arista-patent-dispute.html
In what will probably be a long series of parries, the International Trade Commission this week
granted a full review of certain patents in the now 15-month old patent suit between Cisco and
Arista Networks.
‘WE SHALL OVERCOME’ COPYRIGHT MAY BE OVERCOME ONE DAY

URL: http://www.nytimes.com/2016/04/13/business/media/we-shall-overcome-copyright-may-
be-overcome-one-day.html
A nonprofit group is seeking to have the famous protest song declared in the public domain and
licensing fees returned.
I WROTE THAT: A LOOK AT THE 'AVATAR' COPYRIGHT CASES

via Law360: Intellectual Property by Mitch Tuchman on 4/13/2016
In a slew of suits decided between 2012 and 2015, plaintiffs alleged — but failed to prove —
that James Cameron infringed their copyrights when creating "Avatar." Read singly, the opinions
recount a litany of unavailing facts alleged by the plaintiffs. Taken together, the opinions reveal a
widely held misconception that at trial facts speak for themselves, says Mitch Tuchman of
Womble Carlyle Sandridge & Rice LLP.
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Joshua L. Simmons
2ND CIRC. SENDS PRE-1972 ROYALTIES CASE TO NY HIGH COURT

The Second Circuit on Wednesday asked New York’s highest court to resolve a closely watched
class action over whether radio companies like SiriusXM must pay royalties on songs recorded
before 1972.
LAWYERS WHO WON HAPPY BIRTHDAY COPYRIGHT CASE SUE OVER “WE SHALL
OVERCOME”
URL: http://arstechnica.com/tech-policy/2016/04/lawyers-who-won-happy-birthday-copyright-
case-sue-over-we-shall-overcome/
Civil rights anthem never should have been copyrighted, plaintiffs say.
CONTROVERSY OVER PRE-1972 SOUND RECORDINGS CERTIFIED TO NEW YORK

APPEALS COURT
URL: http://www.hollywoodreporter.com/thr-esq/controversy-pre-1972-sound-recordings-
883470
The 2nd Circuit says it needs guidance on whether state law gives copyright holders performance
rights.
GOOGLE LOOKS TO NIX CLASS IN 'PLAY' MUSIC-STREAMING IP SUIT

via Law360: Media & Entertainment by Suevon Lee on 4/13/2016
Google Inc. asked a New York federal judge on Wednesday to toss class claims in litigation
brought by a music label alleging copyright infringement through its Google Play music-
streaming service, saying the claims were too individualized to warrant class standing.
FACEBOOK'S EXPANDED ANTI-FREEBOOTING PUSH DRAWS CAUTIOUS THUMBS-

UP FROM VIDEO CREATORS
URL: http://variety.com/2016/digital/news/facebook-freebooting-video-1201752905/
Facebook's move to grant broader access to its copyright-flagging system to take down
unauthorized video posted to the site is being praised by ...
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GAYE FAMILY DENIED ATTORNEYS' FEES IN 'BLURRED LINES' COPYRIGHT

DISPUTE
URL: http://www.reuters.com/article/ip-gaye-fees-idUSL2N17G28L
Recording stars Pharrell Williams and Robin Thicke, whose 2013 smash hit "Blurred Lines" was
found to infringe the copyright to one of Marvin Gaye's ...
FACEBOOK 'RIGHTS MANAGER' MAKES IT HARDER TO RIP OFF VIDEOS

via PC by Tom Brant on 4/13/2016
URL: http://www.pcmag.com/news/343710/facebook-rights-manager-makes-it-harder-to-rip-off-
videos
It will soon be harder to illegally share copyrighted videos on Facebook, thanks to new tracking
tools that the world's largest social network announced ...
CIRCUIT SEEKS GUIDANCE ON IMPORTANT ISSUE IN NY COPYRIGHT LAW

via New York Law Journal by Mark Hamblett on 4/13/2016
URL: http://www.newyorklawjournal.com/id=1202754899234/Circuit-Seeks-Guidance-on-
Important-Issue-in-NY-Copyright-Law
An important and unresolved issue on copyright infringement for music recorded prior to 1972
has been sent to the New York Court of Appeals.
NY COURT TO CONSIDER RIGHTS FOR PRE-1972 SONGS

via Courthouse News Service by Josh Russell on 4/14/2016
URL: http://www.courthousenews.com/2016/04/14/n-y-court-to-consider-rights-for-pre-1972-
songs.htm
The Second Circuit passed a copyright lawsuit from Flo and Eddie of the Turtles to a New York
appeals court to decide if owners ...
THE UNORIGINAL ORIGINALITY OF LED ZEPPELIN

via The New Yorker by Alex Ross on 4/14/2016
URL: http://www.newyorker.com/culture/cultural-comment/the-unoriginal-originality-of-led-
zeppelin
Not long ago, the heirs of Marvin Gaye alleged that Robin Thicke and Pharrell Williams's song
“Blurred Lines” infringed upon the copyright of Gaye's ...
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PENGUIN RANDOM HOUSE CHIEF ON COPYRIGHT IN DIGITAL AGE

via YouTube by WIPO on 4/14/2016
URL: https://www.youtube.com/watch?v=URxRI_oGSd4
John Makinson, Chairman of Penguin Random House, on opportunities and challenges faced by
the publishing industry in the digital age, and their impact on readers and authors. Mr. Makinson
is a panelist at the WIPO Conference on the Global Digital Content Market taking place in
Geneva, Switzerland from April 20–22, 2016: http://ow.ly/10CUc2.
RAPPER KENDRICK LAMAR ACCUSED OF COPYING '70S SOUL SINGLE

Soul singer Bill Withers’ music publisher has accused rapper Kendrick Lamar of ripping off the
music from Withers’ 1975 single “Don’t You Want to Stay” for the hip-hop track “I Do This,”
according to a copyright infringement lawsuit filed in California federal court on Thursday.
CISCO LOOKS TO PAUSE ARISTA'S NETWORK-TECH ANTITRUST SUIT

via Law360: Intellectual Property by Natalie Olivo on 4/14/2016
Cisco Systems Inc. asked a California federal judge Wednesday to pause Arista Networks Inc.’s
antitrust suit against it, saying the outcome of an upcoming trial in Cisco’s copyright suit against
Arista over the same network technology at issue could cancel out Arista’s claims of anti-
competitive conduct.
ORACLE FUNDAMENTALLY DISAGREES WITH JUDGE ALSUP ON HOW TO

INSTRUCT JURY ON FAIR USE IN GOOGLE CASE
URL: http://www.fosspatents.com/2016/04/oracle-fundamentally-disagrees-with.html
On a recent occasion, Judge Alsup has correctly stated what the Federal Circuit ruled to be
copyright-protected in this case (unlike in an order earlier in the build-up to the May retrial).
IN CHEERLEADER CASE, JUSTICES COULD CLEAN UP FASHION 'MESS'

The U.S. Supreme Court will consider Friday whether to tackle a lawsuit over copyright
protection for cheerleader uniforms — a case that could shed some needed light on the extent to
which fashion designs are covered by American intellectual property law.
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A CLEARCUT CASE OF COPYRIGHT INFRINGEMENT: RAF SIMONS VS. CIHUAH

URL: http://www.thefashionlaw.com/home/a-clearcut-case-of-copyright-infringement-raf-
simons-vs-cihuah
In one of the rare instances in which a designer could likely sue in connection with copying,
consider Cihuah. The celebrated Mexican brand, which ...
ECONOMIC RESEARCH IN COPYRIGHT — CHICAGO, IL

URL: http://www.legalscholarshipblog.com/2016/04/14/economic-research-in-copyright-
chicago-il/
The University of Illinois College of Law and Loyola University Chicago School of Law host
the Society for Economic Research in Copyright (SERCI) Annual Congress (SERCIAC) July 7-
8, 2016, at...
GOPRO SHOOTS COPYRIGHT SUIT AT GADGET MAKER

via The Recorder by Scott Graham on 4/14/2016
URL: http://www.therecorder.com/home/id=1202755023599/GoPro-Shoots-Copyright-Suit-at-
Gadget-Maker
Virtual reality startup 360Heros Inc. is built on a simple concept: Set up a rig that can
accommodate multiple GoPro cameras so that users can shoot ...
PARLIAMENTARY COMMITTEE OKS DRAFT LAW ON COPYRIGHTS – MP

via Arab Times by Abubakar A. Ibrahim on 4/15/2016
URL: http://www.arabtimesonline.com/news/parliamentary-committee-oks-draft-law-
copyrights-mp/
The parliamentary Education, Culture and Guidance Affairs Committee on Thursday approved
the draft law on copyrights and ...
INTELLECTUAL PROPERTY PROFESSORS CALL ON CONGRESS TO MODERNIZE

THE COPYRIGHT OFFICE
via IPWatchdog.com | Patents & Patent Law by Sandra Aistars on 4/15/2016
URL: http://www.ipwatchdog.com/2016/04/15/congress-modernize-copyright-office/id=68327/
As the Library of Congress ushers in a new era with a new Librarian, the time is ripe to ensure
that the Copyright Office has the accountability and authority to best serve all of its
stakeholders—most of all the American public. The nomination of Dr. Hayden as the next
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Librarian of Congress provides us with the opportunity to clarify the importance of the roles both
the Library of Congress and the U.S. Copyright Office play in creating, cataloging, and
administering the systems that preserve...
WHEN MOVIE RESEARCH LEADS TO CONTRACT OR COPYRIGHT CLAIMS

via Law360: Intellectual Property by David Halberstadter on 4/15/2016
Interviews can be an inherent, even essential, part of developing fact-based motion pictures and
television productions. But if interviewees can assert contract rights arising from their interviews
or copyright interests in recordings of those interviews, the development, production and
ultimately the distribution of important, First Amendment-protected works could be severely
impacted, says David Halberstadter of Katten Muchin Rosenman LLP.
BOX OFFICE REVENUES SAY LITTLE ABOUT PIRACY

URL: http://illusionofmore.com/box-office-revenues-say-little-piracy/
Once again the MPAA has announced a profitable year for American motion pictures, and once
again some of the usual suspects have seized upon this announcement to declare the studios
hypocrites for ever saying that piracy causes real harm to …
THE GPL IS ALMOST AN ALL WRITS CANARY

via The Laboratorium (2d ser.) by James Grimmelmann on 4/15/2016
URL: http://2d.laboratorium.net/post/142848414775
Indulge me. Suppose that iOS were licensed under the GNU GPL version 2 because it were built
on top of the Linux kernel.
MARVEL LOSES ATTY FEE FIGHT AFTER KEY SPIDER-MAN IP WIN

An Arizona federal judge on Thursday shot down Marvel Entertainment LLC’s request for
attorneys' fees after it prevailed against an inventor’s high court appeal in a breach of contract
suit seeking royalty payments for an expired Spider-Man toy patent, saying Marvel couldn’t
relitigate the issue.
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LICENSE VS. OWNERSHIP: COPYRIGHTABILITY OF EMBEDDED COMPUTER

PROGRAMS
via IP Brief by Shawn Marcum on 4/15/2016
URL: http://www.ipbrief.net/2016/04/15/license-vs-ownership-copyrightability-of-embedded-
computer-programs/
For Section 117 (repair and maintenance), the purchaser must be an owner of the copyrighted
embedded software, but the valid license clearly ...
THE GHOST OF AEREO RISES: LOCAL TV STREAMING COMING TO SLING TV,

SOURCES SAY
URL: http://arstechnica.com/business/2016/04/sources-sling-tv-to-partner-with-sling-media-to-
offer-local-tv-streaming/
With a box called “AirTV,” people could have local TV beamed to the Sling app.
OXYGEN HIT WITH COPYRIGHT SUIT OVER 'PREACHERS OF LA'

via Law360: Intellectual Property by Alex Wolf on 4/15/2016
Oxygen Media, an NBCUniversal subsidiary, and the spiritual leader of a 17,000-member church
in southern California starring in the network's reality TV show “Preachers of L.A.” were hit
with a copyright infringement suit in Florida federal court Thursday by a woman claiming her
idea for the show was stolen.
GRAFFITI ARTIST FILES COMPLAINT ALLEGING COPYRIGHT INFRINGEMENT

via The Legal Intelligence by Chris Michaels on 4/15/2016
URL: http://www.thelegalintelligencer.com/home/id=1202755115629/Graffiti-Artist-Files-
Complaint-Alleging-Copyright-Infringement
A complaint recently filed in the U.S. District Court for the Central District of California
illustrates the problems that companies may run into if they do ...
GOOGLE, ORACLE SETTLEMENT TALKS FAIL AHEAD OF IP TRIAL

Oracle and Google attempted, and failed, to reach a settlement Friday in California federal court
ahead of a looming $8 billion copyright trial over the Android operating system's use of Oracle's
copyrighted Java software code, according to court records.
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THE CEOS OF GOOGLE AND ORACLE MET FOR 6 HOURS FRIDAY BUT FAILED TO
SETTLE THEIR LAWSUIT
via ITworld News by Stephen Lawson on 4/15/2016
URL: http://www.itworld.com/article/3057267/the-ceos-of-google-and-oracle-met-for-6-hours-
friday-but-failed-to-settle-their-lawsuit.html
The CEOs of Oracle and Google met for six hours on Friday but failed to reach a deal to end
their massive copyright lawsuit over Google's use of Java in Android.
THE BLACK MARKET IN ACADEMIC PAPERS – AND WHY IT’S SPOOKING

PUBLISHERS
via IFLScience by Dana Ruggiero on 4/16/2016
URL: http://www.iflscience.com/editors-blog/black-market-academic-papers-and-why-it-s-
spooking-publishers
A colleague of mine recently posted a plea on an open forum asking for someone with access to
please send her a copy of a journal article. This colleague works at one of the premier research
institutions in the EU which has an annual budget of over €100m, yet she had to ask her
connections on Facebook for access to a scholarly article. Her university did not have access to
this piece of literature that she needed to complete her research.
YOUTUBE LAUNCHES 'FOUNDRY' INITIATIVE TO DEVELOP MUSIC TALENT

via Billboard by Andy Gensler on 4/16/2016
URL: http://www.billboard.com/articles/news/7334088/youtube-foundry-initiative-develop-
music-talent
YouTube, for its part, argues music only makes up a small part of its content and parent
company Google claims to have paid out $3 billion to copyright ...
JUSTICES WRITE END TO AUTHORS' CHALLENGE TO GOOGLE BOOKS PROJECT

via Law.com - Newswire by Tony Mauro on 4/17/2016
URL: http://www.law.com/sites/articles/2016/04/17/justices-write-end-to-authors-challenge-to-
google-books-project/
The U.S. Supreme Court on Monday ended a decadelong battle over Google Inc.'s massive book-
scanning project, declining to take up an appeal by authors who claimed the company violated
copyright law "on an epic scale."
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COPYRIGHT LAW FOR THE BLIND NEEDS FINE-TUNING: GEIST

via TheStar.com by Michael Geist on 4/18/2016
URL: http://www.thestar.com/business/2016/04/18/copyright-law-for-the-blind-needs-fine-
tuning-geist.html
As the political world was focused on the Liberal government's inaugural budget last month,
Navdeep Bains, the Minister of Innovation, Science and ...
2ND CIRC. PASSES ON SIRIUSXM RADIO COPYRIGHT CASE

via FindLaw News for Legal Professionals by Jonathan R. Tung, Esq. on 4/18/2016
URL: http://blogs.findlaw.com/second_circuit/2016/04/2nd-circ-passes-on-sirius-xm-radio-
copyright-case.html
The Second Circuit's Court of Appeals decided to hold off on entering a potentially ground-
moving decision involving class actions brought by members The Turtles, the rock group from
the 70s. In the suit, they contended that federal copyright laws do not protect sound recordings
made before 1972, and that state laws......
REPORTS OF DMCA ABUSE LIKELY EXAGGERATED

URL: http://illusionofmore.com/reports-dmca-abuse-exaggerated/
In the last week of March, you might have seen a headline or two announcing that 30% of
DMCA takedown requests are questionable. And since we don't always read beyond headlines
these days, these declarations happened to be conveniently-timed for ...
SUPREME COURT WON'T HEAR GOOGLE BOOKS CASE

via WSJ.com: WSJD by Brent Kendall on 4/18/2016
URL: http://www.wsj.com/articles/supreme-court-declines-to-hear-google-books-case-
1460987925
The Supreme Court declined to intervene in a case examining whether Google engaged in
copyright infringement when it scanned millions of books and made them searchable online.
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ORACLE, GOOGLE COPYRIGHT CASE 'APPARENTLY NEEDS TO BE TRIED TWICE'

via Law Blog by [AUTHOR] on 4/18/2016
URL: http://blogs.wsj.com/law/2016/04/18/oracle-google-copyright-case-apparently-needs-to-
be-tried-twice/?mod=WSJBlog
Weeks before a scheduled retrial, Oracle Corp and Google Inc. tried one more time to reach a
settlement in their closely-watched copyright battle over the Android operating system. But the
companies apparently came up empty-handed.
HIGH COURT WON'T HEAR COPYRIGHT CHALLENGE TO GOOGLE BOOKS

via Law Blog by Jacob Gerhsman on 4/18/2016
URL: http://blogs.wsj.com/law/2016/04/18/high-court-wont-hear-copyright-challenge-to-google-
books/
The copyright dispute between the Authors Guild and Alphabet Inc.'s Google reached a
conclusion Monday when the Supreme Court declined to intervene, leaving a federal appeals
court ruling in Google's favor as the last word.
FAIR USE PREVAILS AS SUPREME COURT REJECTS GOOGLE BOOKS COPYRIGHT

CASE
URL: http://arstechnica.com/tech-policy/2016/04/fair-use-prevails-as-supreme-court-rejects-
google-books-copyright-case/
Fair use is a defense to copyright infringement in US intellectual property law.
SUPREME COURT REJECTS CHALLENGE TO GOOGLE BOOK-SCANNING PROJECT

via ITworld News by Grant Gross on 4/18/2016
URL: http://www.itworld.com/article/3057220/supreme-court-rejects-challenge-to-google-book-
scanning-project.html
The U.S. Supreme Court has refused to hear a copyright infringement case against Google for its
now 12-year-old effort to scan books and allow people to search them online.
ORACLE RIPS 'ONE-SIDED' JURY INSTRUCTIONS IN $8B GOOGLE TRIAL

Oracle has ripped a California federal court's proposed jury instructions in its looming $8 billion
copyright trial against Google, complaining the instructions on fair use are inaccurate and
unfairly slanted toward Google.
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HBO, MARK WAHLBERG SEEK DISMISSAL OF 'BALLERS' COPYRIGHT LAWSUIT

via Variety by Ted Johnson on 4/18/2016
URL: http://variety.com/2016/biz/news/hbo-mark-wahlberg-ballers-copyright-1201755717/
HBO, Mark Wahlberg, Dwayne Johnson and Stephen Levinson are challenging a claim that the
series "Ballers" is a ripoff of a proposed series called ...
PROMOTER'S SONS SEEK SAME 9TH CIRC. PANEL IN COPYRIGHT ROW

The sons of late concert promoter Bill Graham asked the Ninth Circuit to assign the same
judicial panel that previously revived their suit accusing the Graham estate's executor and others
of swindling them out of hundreds of copyrighted historic rock posters, saying the parties and
issues are the same.
9TH CIRC. CALLS WB SAFE IN EASTWOOD BASEBALL FILM IP SUIT

The Ninth Circuit on Monday determined that Warner Bros. didn't steal from a producer's script
about a father-daughter baseball story for its Clint Eastwood film "Trouble with the Curve,"
saying the two stories are different in numerous and essential respects.
DISH FILES IP SUIT OVER STREAMING DEVICE'S 'MASSIVE PIRACY'

Dish, China Central Television and the biggest producer of Cantonese-language TV

programming have filed a copyright infringement suit in New York federal court accusing HTV
International Ltd. of engaging in "massive piracy" through a peer-to-peer network similar to
Napster and BitTorrent.
KOREAN ARTIST FILES COPYRIGHT INFRINGEMENT SUIT AGAINST DESIGNER

MARY KATRANTZOU
via Korean Herald by Lee Woo-young on 4/19/2016
URL: http://www.koreaherald.com/view.php?ud=20160419000738
Artist Lee Myung-ho has sued London-based Greek fashion designer Mary Katrantzou for
copying one of his iconic tree series, calling it "intentional ...
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Joshua L. Simmons
NBA 2K' MAKERS SAY IN-GAME TATTOOS PREDATE IP REGISTRATION

via Law360: Intellectual Property by Braden Campbell on 4/19/2016
The makers of professional basketball video game series "NBA 2K" asked a New York federal
court Tuesday to dismiss the damages claims from a tattoo licensing company's suit over
depictions of NBA stars' tattoos in the games, saying the alleged infringement predates the
registration of the designs.
BOX OFFICE PROFITS NOT PROOF PIRACY DOESN'T HURT

URL: http://voxindie.org/hollywood-profits-not-proof-piracy-doesnt-hurt/
Piracy erodes audience options-forces studios to make fewer films
EUROPE - WHEN IS HYPERLINKING LAWFUL?

via Lexology by Gillian M. Dennis & Carlton Daniel on 4/20/2016
URL: https://www.lexology.com/library/detail.aspx?g=910c885a-ba1a-4d3d-adb2-bd5ebbe73cca
In that case, it held that providing hyperlinks to freely accessible copyright protected content
placed on the internet by the copyright owner or with the ...
MAJOR RECORD COMPANIES WANT KICKASS TORRENTS BLOCKED IN

AUSTRALIA
via Tech Times by Sumit Passary on 4/20/2016
URL: http://www.techtimes.com/articles/151599/20160420/major-record-companies-want-
kickass-torrents-blocked-in-australia.htm
According to amendments made to Copyright Act in 2015, right holders can make an application
to the Federal Court in forcing Internet service ...
GRAFFITI CANNOT BE COPYRIGHT PROTECTED, CLAIMS MOSCHINO, JEREMY

SCOTT
URL: http://www.thefashionlaw.com/home/graffiti-cannot-be-copyright-protected-claims-
moschino-jeremy-scott
The latest update in the Rime vs. Jeremy Scott and Moschino case: The creative director and the
Italian design ...
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REBUTTAL: WHY 'MONKEY SELFIE' CASE IS IMPORTANT

via Law360: Intellectual Property by Jeffrey S. Kerr on 4/20/2016
Rather than giving the "monkey selfie" case the careful consideration that it deserves, a recent
Law360 Expert Analysis article opted for dismissive retorts. PETA's argument in a federal court
on behalf of a monkey named Naruto made legal history, and we have the moral imperative to
further the evolution of the law, which has proved so vital to the betterment of our society in the
past, says Jeffrey Kerr, general counsel at PETA.
GOOGLE BOOKS: GREAT FOR GOOGLE - BUT WHAT ABOUT EVERYONE ELSE?
via K@W by R. Polk Wagner on 4/20/2016
URL: http://knowledge.wharton.upenn.edu/article/google-books-great-for-google-but-what-
about-authors-and-consumers/
While a section of authors complain that Google Books infringes upon their copyrights, many
believe it is in the public interest to open up access to ...
MARTIN SHKRELI DROPPED FROM WU-TANG CLAN ALBUM ART LAWSUIT

URL: http://www.billboard.com/articles/news/7340770/martin-shkreli-dropped-wu-tang-clan-
album-art-lawsuit
Koza filed a copyright infringement lawsuit in Manhattan federal court in March seeking
damages from Shkreli, auction site Paddle8, Wu-Tang leader ...
SPORTS MEMORABILIA RETAILER WANTS OUT OF PHOTO IP SUIT

Sports memorabilia retailer Event USA Corp. asked a Wisconsin federal court Tuesday for a
quick end to a case brought by two sports photographers accusing it of illegally selling
memorabilia featuring their photos, saying the photographers have already released claims on the
images.
A NEW LIBRARIAN OF CONGRESS AND A NEW COPYRIGHT OFFICE

via CPIP by Sandra Aistars on 4/20/2016
URL: http://cpip.gmu.edu/2016/04/20/a-new-librarian-of-congress-and-a-new-copyright-office/
With the Senate considering the confirmation of Dr. Carla Hayden as the next Librarian of
Congress, I have joined thirteen other intellectual property law professors in an Open Letter
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Joshua L. Simmons
suggesting that her confirmation should serve as an important reminder that the U.S. Copyright
Office, a department within the Library of Congress, needs ...
WRITER TELLS 9TH CIRC. HE TOLD DISNEY 'PIRATES' SUIT WAS COMING
A Florida writer said that a district court should not have tossed his copyright suit against the
Walt Disney Co. over its "Pirates of the Caribbean" movie franchise, telling the Ninth Circuit on
Monday that he gave the media giant proper notice of his intentions.
JUDGE TWEAKS JURY INSTRUCTIONS IN $8B GOOGLE-ORACLE TRIAL

via Law360: Intellectual Property by Daniel Seigal on 4/20/2016
The California federal judge overseeing Oracle's looming $8 billion copyright trial against
Google released a revised set of jury instructions Wednesday, tweaking his wording on "fair use"
after Oracle had complained it was inaccurate and unfairly slanted toward Google.
LIBRARIAN OF CONGRESS NOMINEE SAYS LIBRARY MUST OPERATE

'SEAMLESSLY' IN DIGITAL WORLD
via The Washington Post by Peggy McGlone on 4/20/2016
URL: https://www.washingtonpost.com/news/arts-and-entertainment/wp/2016/04/20/librarian-
of-congress-nominee-says-library-must-operate-seamlessly-in-digital-world/
Polite and measured, Hayden noted the many challenges facing the library, which provides
research for Congress, oversees the Copyright Office, and ...
CBS ARGUES REMASTERED VERSIONS OF OLD SONGS ORIGINAL ENOUGH TO BE

COPYRIGHTED
URL: http://www.hollywoodreporter.com/thr-esq/cbs-argues-remastered-versions-old-886315
Does adjusting the loudness and timbre of a sound recording mean indefinite copyright duration,
but no ability to stop radio stations from playing it?
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GOOGLE BOOKS SURVIVES RIGHTEOUS CHALLENGE AS AUTHORS STARVE

via FindLaw News for Legal Professionals by Casey C. Sullivan, Esq. on 4/21/2016
URL: http://blogs.findlaw.com/second_circuit/2016/04/google-books-survives-righteous-
challenge-as-authors-starve.html
Google Books is quickly becoming the Library of Alexandria for the digital age, a vast collection
of the world's written knowledge. There's no need to fly to Egypt to check it out, however.
Google Books are available free, online, making Google the world's most accessible librarian.
But, as Google......
HIGH COURT TAKES ON ATTORNEYS' FEES IN COPYRIGHT CASES

via Law360: Intellectual Property by Eleonora Zlotnikova on 4/21/2016
On April 25, the U.S. Supreme Court once again will hear argument in Kirtsaeng v. Wiley and
visit - for the first time in at least 20 years - the issue of attorneys' fee awards in copyright cases.
While Wiley argues that the circuit split is exaggerated and the district court did not abuse its
broad discretion in applying the nonexclusive factors to its analysis under the Copyright Act,
what we are witnessing is the continued erosion of Fogerty's mandate that prevailing parties
should be treated evenhandedly, says Eleonora Zlotnikova of Sam P. Israel PC, which represents
Kirtsaeng.
ORACLE SAYS TERIX MOVED ASSETS TO THWART $57.7M JUDGMENT

Oracle America Inc. slapped Terix Computer Co. Inc. and three related companies with a
copyright infringement suit in California federal court Wednesday claiming that after Terix was
hit by a $57.7 million judgment, it fraudulently transferred all of its assets to shell companies in
an effort to thwart the judgment.
CREATIVE PIPE SLAPPED WITH $1.2M SANCTION IN COPYRIGHT ROW

A judge on Wednesday ordered Creative Pipe Inc. to pay more than $1.2 million for failing to
provide documents and information about its assets to furniture maker Victor Stanley Inc., which
was seeking to collect on unpaid judgements in a copyright suit.
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Joshua L. Simmons
KNITTING, CROCHETING AND COPYRIGHT: UNRAVELLING THE TRUTH

URL: http://hughstephensblog.net/2016/04/21/knitting-crocheting-and-copyright-unravelling-
the-truth/
Recently a Manitoba based writer, Joanne Seiff, posted an op-ed on CBC (Time to Assess the
True Cost of Digital Piracy) commenting on how digital piracy is undermining the delicate
economic equation that allows both aspiring and established writers to continue to create new
content for the benefit of the consuming public. Joanne has ...
PRINCE TOOK A PROTECTIVE STANCE ON MUSIC COPYRIGHTS

via Los Angeles Times by Ryan Faughnder on 4/21/2016
URL: http://www.latimes.com/entertainment/envelope/cotown/la-et-ct-prince-copyrights-
20160421-story.html
Prince was always known for doing things his own way, building a legacy as a dynamic
performer, versatile musician and fashion hero. But the artist ...
TOP PRINCE CASES THAT ROCKED THE COPYRIGHT WORLD

Pop music legend Prince, who died Thursday at the age of 57, was a master songwriter and
iconic performer. Not only did he have many hit songs and albums, he was also involved in
several copyright infringement suits to police his music online. Here are a few notable IP
disputes Prince faced throughout his famed music career.
THE PRINCE OF COPYRIGHT ENFORCEMENT

URL: http://blogs.wsj.com/law/2016/04/21/the-prince-of-copyright-enforcement/
In the legal arena, "the artist formerly known as Prince" was known as perhaps the recording
industry's most tenacious defender of copyright protections.
WHY PRINCE DIDN'T WANT HIS MUSIC ON THE INTERNET

via Fusion by Elmo Keep on 4/21/2016
URL: http://fusion.net/story/294276/prince-music-not-on-the-internet/
Prince ferociously protected his copyrights, enforcing his right as an artist to control the
presentation and distribution of his work. On the web, he did ...
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SUPREME COURT WRITES GOOGLE BOOKS A HAPPY ENDING

URL: http://blogs.findlaw.com/supreme_court/2016/04/supreme-court-writes-google-books-a-
happy-ending.html
Once upon a time, to read a book you had to travel to the local bookstore, or, for the penny wise,
the library. If you needed information from a rare or out of print work, you might have to go
halfway across the world to secure a copy. Today?......
ORACLE, GOOGLE FILE HEATED TRIAL BRIEFS IN $8B IP SHOWDOWN

Oracle and Google filed briefs Wednesday ahead of their looming $8 billion copyright
infringement trial, with Oracle seeking to bar Google from using its software code for the
Android operating system, and Google saying Oracle was using the courts to cut into the
smartphone business.
IN-FLIGHT MUSIC COMPANY WILLFULLY VIOLATED UMG COPYRIGHTS -US

JUDGE
URL: http://www.reuters.com/article/us-global-eagle-ent-lawsuit-idUSKCN0XI2ZH
Federal copyright law allows for a statutory maximum of $150,000 in ... The company collected
money from the airlines for copyright licenses "in ...
GOOGLE BOOKS & THE SEMANTIC MAZE OF FAIR USE

URL: http://illusionofmore.com/google-books-semantic-fair-use/
Photo by author. This week the Supreme Court declined to consider the Authors Guild v Google
case, which lets stand the Second Circuit Court ruling that Google's use of scanned published
works for its search tool Google Books constitutes a ...
PIRACY IS THE BIGGEST THREAT FACING THE FILM INDUSTRY AS WE KNOW IT -

BUT NOT IN THE WAY YOU THINK
via Vox by Jason Blum on 4/20/16
URL: http://www.vox.com/2016/4/20/11393162/piracy-arthouse-film-extinct-jason-blum
Film is usually regarded as the art form most dominated by corporate interests.
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Joshua L. Simmons
UNIVERSAL WINS BIG RULING IN COPYRIGHT LAWSUIT OVER IN-FLIGHT MUSIC

URL: http://www.hollywoodreporter.com/thr-esq/universal-wins-big-ruling-copyright-886886
Getting record labels to sign off on licensing is tricky. That's nothing compared to winning a case
over the lack of licensing where the target is moving.
RICHARD HOOPER, CHAIR, COPYRIGHT HUB FOUNDATION, ON GLOBAL DIGITAL

CONTENT MARKET
via YouTube by wipo on 4/22/2016
URL: https://www.youtube.com/watch?v=Qx3zqA8ldxo
Richard Hooper, Chair, The Copyright Hub Foundation, shares his views at the Conference on
the Global Digital Content Market taking place from April 20-22, 2016 at WIPO Headquarters in
Geneva, Switzerland. At the Conference, public and private sector leaders as well as creators
discuss the creative content economy, which has seen radical change to access and business
models for more than a decade.
GOOGLE BOOKS LAWSUIT MAKES ITS WAY TO THE SUPREME COURT

URL: http://lawandarts.org/2016/04/22/google-books-lawsuit-makes-its-way-to-the-supreme-
court/
The question of the legality of Google Books, which has been in dispute for over a decade, may
make its first appearance in the Supreme Court after plaintiffs petitioned for cert in December.
The Authors Guild, a national professional and advocacy organization for writers, challenges
Google's book-scanning project. With Google Books, the internet conglomerate [...]
COPYRIGHT ROYALTY BOARD DEFENDS ITS RELIGIOUS TV DECISION

The Copyright Royalty Board has told the D.C. Circuit the board reasonably relied on Nielsen
viewership data to divide royalties between rival religious TV groups, saying the decision fell
within the CRB's broad discretion on how to split contested royalties.
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MUST YOU BE 'UNREASONABLE'? JUSTICES TO MULL COPYRIGHT FEES

The U.S. Supreme Court is set to hear arguments Monday on exactly when courts should award
attorneys' fees to successful copyright litigants - proceedings that will center on whether the
"unreasonableness" of a case should make or break a bid for fees.
PRINCE'S LEGENDARY IP CONTROL IN DOUBT AFTER DEATH

Pop legend Prince was notorious for the tight control he sought over his intellectual property,
fighting both pioneering battles against record labels and controversial lawsuits against fans. But
with his passing on Thursday, experts say those strict controls could be in question.
UMG WINS BIG IN COPYRIGHT ROW OVER IN-FLIGHT MUSIC

A California federal judge ruled Wednesday that in-flight entertainment provider Global Eagle
Entertainment Inc. willfully infringed more than 4,500 copyrighted works owned by UMG
Recordings Inc., setting the stage for a damages trial that could yield the record company tens of
millions of dollars.
PETER S. MENELL: COPYRIGHT LAW YEAR IN REVIEW [AUDIO]

via Berkman Center for Internet and Society: Audio Fishbowl on 4/19/2016
URL: http://blogs.harvard.edu/mediaberkman/2016/04/19/peter-s-menell-copyright-law-year-in-
review-audio/
What ties together cheerleader outfits, monkey selfies, the Batmobile, a chicken sandwich, Yoga,
and Yoda? In this talk, Professor Peter S. Menell - Koret Professor of Law at UC Berkeley
School of Law and a Director of the Berkeley Center for Law & Technology - provides an
exhilarating copyright year in review. Download the MP3 [...]
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Joshua L. Simmons
5/18 | HOGAN LOVELLS PANEL: "DIGITAL SINGLE MARKET: BRINGING DOWN

ONLINE BARRIERS"
Hogan Lovells will hold a CLE panel, "Digital Single Market: Bring Down Online Barriers and
the Future of Copyright," in its New York office on May 18th.
MONKEY'S COPYRIGHT CLAIM DISMISSED

URL: http://lawandarts.org/2016/04/25/monkeys-copyright-claim-dismissed/
As has been long expected, a California federal judge dismissed a copyright infringement suit
brought on behalf of a monkey. Naruto the macaque swung into the spotlight in 2014 when he
took a photo of himself using a camera that had been set up by British nature photographer
David Slater. People for the Ethical [...]
MEET DC COMICS' NEWEST CHARACTER: THE BAT...MOBILE

URL: http://lawandarts.org/2016/04/25/meet-dc-comics-newest-character-the-bat-mobile/
On March 7, 2016, the United States Supreme Court declined to hear an appeal of the Ninth's
Circuit's decision declaring replicas of the Batmobile an infringement of DC Comics' intellectual
property. In its decision, the Ninth Circuit rejected defendant Mark Towle's claim that the
Batmobile is merely a "useful article" and thus should not [...]
CUOZZO AND KIRTSAENG

via Patent - Patently-O by Dennis Crouch on 4/25/2016
URL: http://patentlyo.com/patent/2016/04/cuozzo-and-kirtsaeng.html
Oral arguments this morning in the Supreme Court cases of Cuozzo and Kirtsaeng. Transcripts
will be available in the afternoon.
SONY WANTS $750,000 FEES IN FAKE EVIDENCE COPYRIGHT CASE

Sony Corp. is asking for nearly $750,000 in legal fees after beating a copyright infringement
lawsuit over the Shakira hit "Loca" - a case that was tossed after the revelation that key evidence
had been fabricated.
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GOOGLE WANTS FULL 5TH CIRC. TO REVIVE INJUNCTION ON MISS. AG

via Law360: Intellectual Property by Cara Salvatore on 4/25/2016
Google wants all 15 judges of the Fifth Circuit to reconsider a panel decision dismissing its
formerly approved injunction bid against the attorney general of Mississippi over a subpoena
hinting at violations of pharmaceutical and movie piracy laws through YouTube ads.
MGM, STALLONE LOOK TO KNOCK OUT "CREED" INFRINGEMENT SUIT

Metro-Goldwyn-Mayer Studios Inc., Warner Bros. Entertainment Inc., Sylvester Stallone and
others involved in the creation and production of the 2015 boxing film "Creed" slammed a New
Jersey resident's "frivolous" copyright suit alleging that they stole the idea for the movie, saying
that he can't make a case after tweeting and "blurting out" his idea.
JUDGE SEES QUICK, DRUG-FREE LED ZEPPELIN COPYRIGHT TRIAL

via Bloomberg by Edvard Pettersson on 4/25/2016
URL: http://www.bloomberg.com/news/articles/2016-04-25/judge-sees-quick-drug-free-led-
zeppelin-copyright-trial
The trial over whether Led Zeppelin stole the opening riff of "Stairway to Heaven" from a 1967
instrumental will be quick and focused and won't include ...
SEPARATING FACT FROM FICTION IN THE NOTICE AND TAKEDOWN DEBATE

via CPIP by Kevin Madigan & Devlin Hartline on 4/25/2016
URL: http://cpip.gmu.edu/2016/04/25/separating-fact-from-fiction-in-the-notice-and-takedown-
debate/
By Kevin Madigan & Devlin Hartline With the Copyright Office undertaking a new study to
evaluate the impact and effectiveness of the Section 512 safe harbor provisions, there's been
much discussion about how well the DMCA's notice and takedown system is working for
copyright owners, service providers, and users. While hearing from a variety of ... Continue
reading Separating Fact from Fiction in the Notice and Takedown Debate ?
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Joshua L. Simmons
JUSTICES HEAR DEBATE OVER FEES IN COPYRIGHT CASES

via Courthouse News Service by Britain Eakin on 4/25/2016
URL: http://www.courthousenews.com/2016/04/25/justices-hear-debate-over-fees-in-copyright-
cases.htm
Kirtsaeng earned about $1 million from eBay sales, which the federal Copyright Act would
normally exempt. However, a federal court slapped ...
COPYRIGHT CASE VICTOR RETURNS TO SUPREME COURT FOR LEGAL FEES

via NYTimes by Adam Liptak on 4/25/2016
URL: http://www.nytimes.com/2016/04/26/business/copyright-case-victor-returns-to-supreme-
court-for-legal-fees.html
The United States Supreme Court is considering the ramifications of awarding legal fees to the
winners of copyright cases. Credit Zach Gibson/The ...
KIRTSAENG WANTS COPYRIGHT FEES, BUT JUSTICES SEEM SKEPTICAL

Attorneys for a book reseller who defeated publishing giant John Wiley & Sons Inc.'s copyright
claims urged the U.S. Supreme Court to adopt a more holistic standard for awarding successful
litigants attorneys' fees, but faced tough questions Monday over how and why the justices should
do so.
DMCA PROTECTS EXAMINER.COM IN CELEB PIC ROW: 10TH CIRC

The Tenth Circuit Monday affirmed a lower court ruling in favor of AXS Digital Medial Group
over its Examiner.com website's use of copyrighted celebrity photographs, agreeing the online
content provider is protected from liability by the Digital Millennium Copyright Act's safe-
harbor provisions.
IP LITIGATION REPORT SHOWS DOWNWARD TRENDS IN PATENT, FILE SHARING

COPYRIGHT AND IPR CASES
URL: http://www.ipwatchdog.com/2016/04/26/ip-litigation-report-downward-trends/id=68591/
One aspect of the recent Lex Machina report that should jump out to anyone who has closely
followed the patent litigation sector over the past few years is that the high percentage of all
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patent cases filed at the U.S. District Court for the Eastern District of Texas (E.D. Tex.) has
dropped significantly. During 2015, E.D. Tex. received 43 percent of all patent infringement
cases filed in American district courts. This dropped off steeply to 30 percent, or 291 cases filed,
during 2016's first...
ORACLE RAKES THIRD PARTY SUPPORT PROVIDERS OVER THE COPYRIGHT

COALS
via Lexology by James Patto on 4/26/2016
URL: http://www.lexology.com/library/detail.aspx?g=686df2d5-b657-4931-ad9a-923b3db7f93f
When Neo consulted the 'Oracle' in the Matrix movies, he was left confused and uncertain as to
whether the Morpheus-led campaign to name him the ...
COPYRIGHT CHAOS: WHY ISN'T ANNE FRANK'S DIARY FREE NOW?

URL: http://arstechnica.com/tech-policy/2016/04/anne-frank-diary-copyright-public-domain/
Op-ed: EU's long and fragmented copyright terms are unfit for the digital world.
SPOTIFY BERATES SINGER'S DISCLOSURE DEMAND IN $150M IP ACTION

Spotify hit back Monday against a musician's request to monitor communications between the
music streaming service and members of a proposed class regarding a royalty settlement with the
National Music Publishers Association, telling the California federal judge overseeing the $150
million infringement suit it would violate free speech.
WORLD IP DAY 2016 - DIGITAL CREATIVITY: CULTURE REIMAGINED

URL: http://www.theglobalipcenter.com/world-ip-day-2016-digital-creativity-culture-
reimagined/
Prince's "Purple Rain." Sunday evenings with Jon Snow-suspense. Beyoncé's newest surprise-
release album. These are just a few examples of the digital creativity-underpinned by intellectual
property (IP) rights-that creates unifying pop-culture moments and many of us feel we could not
live without. Today, we celebrate World IP Day and the integral role IP plays in society.
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Joshua L. Simmons
A FLAWED STUDY ON THE DMCA - PEELING BACK THE LAYERS OF THE ONION
URL: http://voxindie.org/flawed-study-dmca-peeling-back-layers-onion/
Berkeley Law's dubious study on copyright notice and takedown faces more scrutiny
COPYRIGHT ROYALTY BOARD TO KEEP RETRANS RATES AS IS

via Law360: Intellectual Property by Bryan Koenig on 4/26/2016
The Library of Congress' Copyright Royalty Board proposed a rule Tuesday to largely keep
over-the-air retransmission royalty rates and terms unchanged through 2019, based on a
settlement reached by industry groups and copyright holders.
KENDRICK LAMAR PHOTO COPYRIGHT ROW HEADED TO MEDIATION

Hip-hop artist Kendrick Lamar, accused with several music production and record companies of
using a copyrighted photo without authorization in the music video for "The Blacker the Berry,"
will enter mediation talks after counsel for both sides convened for a hearing in New York
federal court on Tuesday.
LED ZEPPELIN'S DRUG USE BARRED FROM 'STAIRWAY' COPYRIGHT ROW

via Law360: Intellectual Property by Brandon Lowrey on 4/26/2016
Jurors tasked with deciding whether Led Zeppelin ripped off another band's music for "Stairway
to Heaven" won't hear about the legendary rockers' drugs and alcohol use, a California federal
judge ruled Monday, after Led Zeppelin's lawyers argued it was irrelevant and would "waste
time."
DIRECTOR OF BRAZIL'S COPYRIGHT OFFICE ON DIGITAL ERA AND COPYRIGHT

URL: https://www.youtube.com/watch?v=KvqJD9zFxy4
On World IP Day, Marcos Alves de Souza, Director of the Copyright Office of Brazil, calls for
fair remuneration of authors and artists for the use of their creations in the digital environment,
as well as fair and balanced copyright law that gains true social acceptance. "Digital Creativity:
Culture Reimagined" is the theme of World Intellectual Property Day 2016. Find out more about
intellectual property and digital creativity at http://www.wipo.int/ipday.
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ARE COPYRIGHT SHARES TO SONGS BY DESTINY'S CHILD AND LADY GAGA

ABOUT TO BE AUCTIONED?
URL: http://www.hollywoodreporter.com/thr-esq/are-copyright-shares-songs-by-888113
Sony is objecting to a motion made by a creditor in producer Rob Fusari's bankruptcy.
STAIRWAY TO COPYRIGHT INFRINGEMENT

via Fordham Intellectual Property, Media & Entertainment Law Journal by Jason Okanlawon on
4/27/2016
URL: http://www.fordhamiplj.org/2016/04/27/stairway-to-copyright-infringement/
Ever since the band known as Led Zeppelin burst onto the scene in the late 60's and continued
having monumental success through the 70's, they completely changed the face of modern rock
music with their innovative styles and edgy lyricism. One of their greatest hits which helped to
skyrocket the band to superstardom status was the iconic song known as Stairway To Heaven
which is still known today as one of their greater achievements. Winning them many accolades
and awards such as the prestigious Grammy award, the song was undoubtedly a smash hit and
would go on to be listed as one of the 100 greatest rock songs of all time by VH1.
IHEARTMEDIA BACKS CBS 'REMASTER' DEFENSE IN PRE-1972 IP SUIT

Radio giant iHeartMedia Inc. sided with CBS Corp. in the latter's defense against rights holders
over pre-1972 song royalties, telling a California federal judge that certain "remastered" versions
of the old songs are indeed eligible for copyright under federal law.
PHOTOGS SAY BID TO AMEND IP SUIT DEFENSES TOO LITTLE, TOO LATE
A pair of professional sports photographers blasted an attempt by Event USA to amend its
defense in a suit accusing the memorabilia retailer of selling collectibles featuring their images
without permission, telling a Wisconsin federal court Tuesday the request is futile and comes too
late.
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Joshua L. Simmons
IS PRESIDENT OBAMA TOO GOOGLEY-EYED?

URL: http://illusionofmore.com/president-obama-googley-eyed/
Remember when Barack Obama first entered the White House, and he made a deal with the
Secret Service to keep his Blackberry? Admitting to his addiction to the device, the president got
the agents to create a secure Blackberry that ... Continue reading ?
READY, SET, LITIGATE: JUDGE SETS TIME LIMITS FOR ORACLE V. GOOGLE
REMATCH
URL: http://arstechnica.com/tech-policy/2016/04/ready-set-litigate-judge-sets-time-limits-for-
oracle-v-google-rematch/
Jury may see a whirlwind of dozens of witnesses in a few short weeks.
ARTICLE ABOUT COPYING AND FORGERIES IS PLAGIARIZED BY AN IP ATTORNEY

via IPWatchdog.com | Patents & Patent Law by Leila Amineddoleh on 4/28/2016
URL: http://www.ipwatchdog.com/2016/04/28/ip-attorney-plagiarizes-article-copying/id=68602/
Earlier this week a friend posted a magazine article, "The Rise of Fakes and False Attributions in
the Art World," on social media. The article was about art authentication and due diligence.
Before I reached the end of the first paragraph, I realized that I was reading a plagiary of my
article, "Purchasing Art in a Market Full of Forgeries: Risks and Legal Remedies for Buyers,"
published in the International Journal of Cultural Heritage. The author structured her article on
my work, a piece...
PAKISTAN REMOVED FROM USTR SPECIAL 301 REPORT

The US Trade Representative's 2016 Special 301 Report, removed Pakistan from its Priority
Watch List as a sign of improving copyright laws and their ...
TATTOO COPYRIGHTS MAY FINALLY GET THEIR DAY IN COURT

via Law360: Intellectual Property by Yolanda M. King on 4/28/2016
In a complaint recently filed in the Southern District of New York, licensing company Solid Oak
alleges that the developers, marketers and distributors of the "NBA 2K16" video game are
infringing its exclusive right to publicly display its copyrighted tattoos. Perhaps this will be the
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tattoo copyright case that does not settle, says Yolanda King, associate professor at Northern
Illinois University College of Law.
GETTY ON GOOGLE: IT'S ALL ABOUT TRAFFIC, DUH

URL: http://www.theregister.co.uk/2016/04/28/getty_on_google/
Getty's action isn't a copyright dispute, he points out. It isn't about piracy, rights, or right-clicking
to save. It is about the ability to build a business on the ...
STAR TREK' LAWSUIT: THE DEBATE OVER KLINGON LANGUAGE HEATS UP

URL: http://www.hollywoodreporter.com/thr-esq/star-trek-lawsuit-debate-klingon-888419
A federal judge gets an earful of Klingon proverbs from a language society intent on making sure
that Paramount Pictures can't claim ownership.
HAPPY BIRTHDAY' ATTORNEYS WANT $4.8M IN FEES

The attorneys who won a ruling last year invalidating Warner/Chappell Music Inc.'s copyright
monopoly on "Happy Birthday to You" on Wednesday asked for $4.84 million for doing so.
EUROPE AND COPYRIGHT: A COMPREHENSIVE LOOK AT THE CONTINENT'S

DIGITAL COPYRIGHT PLANS
via Billboard by Richard Smirke on 4/28/2016
URL: http://www.billboard.com/articles/business/7349853/digital-single-market-music-business-
european-union
"Today, we lay the groundwork for Europe's digital future," declared European Commission
president Jean-Claude Juncker at the May 2015 unveiling ...
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Joshua L. Simmons
YOUTUBE WILL LET COPYRIGHT-DISPUTED VIDEOS KEEP EARNING AD REVENUE

WHILE CLAIMS ARE PENDING
URL: http://variety.com/2016/digital/news/youtube-bogus-copyright-videos-ad-revenue-
1201762822/
YouTube, in a move to appease creators aggravated by bogus copyright claims, is adopting a

new policy for its Content ID system that will let videos ...
LEGENDARY, WARNER BROS. SUED FOR ALLEGEDLY STEALING 'KONG: SKULL

ISLAND' STORY
URL: http://www.hollywoodreporter.com/thr-esq/legendary-warner-bros-sued-allegedly-888503
Joe DeVito claims he created the universe surrounding King Kong's mysterious home and his
pitch for a TV series was turned into a feature film without giving him compensation or credit.
LANGUAGE GROUP CALLS COPYRIGHTING KLINGON HIGHLY ILLOGICAL

A copyright lawsuit over a "Star Trek" fan film has caught the attention of a constructed
languages group, which argued Wednesday that Paramount Pictures can't copyright Klingon -
and it did so in a brief written partially in the fictional language.
PRINCE'S DEATH A REMINDER THAT INDEPENDENT ARTISTS NEED SUPPORT

via Chicago Tribune by Ted Slowik on 4/28/2016
URL: http://www.chicagotribune.com/suburbs/daily-southtown/opinion/ct-sta-slowik-prince-st-
0429-20160428-story.html
Dougherty's local incident mirrors the "dancing baby" copyright lawsuit that was finally resolved
last year following an eight-year court battle over fair ...
ORACLE, GOOGLE AGAIN RIP JURY INSTRUCTIONS IN $8B IP ROW

Oracle and Google on Wednesday both told the California federal judge overseeing the looming
$8 billion copyright trial over Google's use of Oracle software code in its Android operating
system that they're still not happy with his proposed jury instructions.
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UMG, MEDIA CO. DELAY IN-FLIGHT IP TRIAL TO TRY AND SETTLE

UMG Recordings and in-flight entertainment provider Global Eagle Entertainment convinced a
California federal judge Wednesday to delay by several months an impending May trial on
Global Eagle's damages for willfully infringing 4,500 UMG-owned songs, saying they were
heading to mediation in June.
GEOBLOCKING: CONSUMERS NOT BREACHING COPYRIGHT BY CIRCUMVENTING

WITH VPN, SAYS GOVT AGENCY
via ABC by Peter Ryan on 4/28/2016
URL: http://www.abc.net.au/news/2016-04-29/geoblocking-consumers-do-not-breach-copyright-
by-circumventing/7369714
Australian consumers should be able to legally circumvent geoblocking restrictions that prevent
them from using foreign online streaming services like ...
PRODUCTIVITY COMMISSION CALLS FOR COPYRIGHT SHAKE-UP, GEOBLOCKING

CHANGES
via The Huffington Post by HuffPost Australia on 4/28/2016
URL: http://www.huffingtonpost.com.au/2016/04/29/geoblock-report-australia_n_9802614.html
Australia's copyright laws would be drastically changed and the government's policy on
geoblocking made clearer under reforms called for by the ...
SCREENSHOTTING IN SNAPCHAT - COPYRIGHT LAW CONCERNS

via Lexology by Benjamin Beck & Jonathan Dack on 4/29/2016
URL: http://www.lexology.com/library/detail.aspx?g=42b47a88-2286-4d61-86bc-eeaf24d10ed9
Snapchat, the fast-growing social media network/messaging app, has spawned some copyright
controversy in the United Kingdom. In a recent Q&A ...
THE IMPACT OF FASHION LAW ON SCOTUS

via Inside Counsel by Amanda Ciccatelli on 4/29/2016
URL: http://www.insidecounsel.com/2016/04/29/the-impact-of-fashion-law-on-
scotus?slreturn=1462134422
Varsity Brands-a case on cheerleading uniforms where a U.S. Court of Appeals ruled clothing
isn't simply functional, and is subject to copyright ...
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Joshua L. Simmons
RE: WORLD IP DAY

via HitRecord by Joe on 4/26/2016
URL: https://hitrecord.org/records/2834987
So, this is a video we made for World Intellectual Property Day.
US CONGRESS TO LOOK FOR AREAS OF CONSENSUS ON COPYRIGHT LAW

via Music Week by Emmanuel Legrand on 4/27/2016
URL: http://www.musicweek.com/news/read/us-congress-to-look-for-areas-of-consensus-on-
copyright-law/064652
Congressman Bob Goodlatte, Chairman of the US House of Representatives Committee on the

Judiciary, said that the country's copyright review process, started three years ago, will move into
a more decisive phase "in the weeks ahead."
GOOGLE ACCUSED OF ENABLING PHOTOGRAPHY PIRACY

via Time by Olivier Laurent on 4/26/2016
URL: http://time.com/4307769/google-getty-images/
Getty Images files E.U. complaint against search giant
THE ANDROID ADMINISTRATION

via The Intercept by David Dayen on 4/22/2016
URL: https://theintercept.com/2016/04/22/googles-remarkably-close-relationship-with-the-
obama-white-house-in-two-charts/
When President Obama announced his support last week for a Federal Communications
Commission plan to open the market for cable set-top boxes - a big win for consumers, but also
for Google - the cable and telecommunications giants who used to have a near-stranglehold on
tech policy were furious.
COPYRIGHT POLICY SHOULD BE BASED ON FACTS, NOT RHETORIC

via IPWatchdog.com | Patents & Patent Law by Kevin Madigan on 4/29/2016
URL: http://www.ipwatchdog.com/2016/04/29/copyright-policy-facts-not-rhetoric/id=68735/
After nearly twenty years with the DMCA, the Copyright Office has launched a new study to
examine the impact and effectiveness of this system, and voices on both sides of the debate have
filed comments expressing their views. For the most part, frustrated copyright owners report that
the DMCA has not successfully stemmed the tide of online infringement, which is completely
unsurprising to anyone who spends a few minutes online searching for copyrighted works.
Unfortunately, some commentators...
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THIS CRITIC USED YOUTUBE'S COPYRIGHT SYSTEM TO SHORT CIRCUIT

YOUTUBE'S COPYRIGHT SYSTEM
via Forbes by Kevin Murnane on 4/29/2016
URL: http://www.forbes.com/sites/kevinmurnane/2016/04/29/this-critic-used-youtubes-
copyright-system-to-short-circuit-youtubes-copyright-system/
Jim Sterling is a YouTuber and game critic who regularly delivers profane but typically well-
thought-out reviews and commentary on video games and ...
BEHOLD, A LEGAL BRIEF WRITTEN IN KLINGON

via The Washington Post by Brian Fung on 4/29/2016
URL: https://www.washingtonpost.com/news/the-switch/wp/2016/04/29/behold-a-legal-brief-
written-in-klingon/
The made-up language is at the heart of a big copyright case involving CBS and Paramount,
which own the rights to the "Star Trek" franchise, and a ...
STEAM'S SEGA GENESIS MODS: TWEAKS, TRANSLATIONS, AND COPYRIGHT

INFRINGEMENT
URL: http://arstechnica.com/gaming/2016/04/steams-sega-genesis-mods-tweaks-translations-
and-copyright-infringement/
New Steam Workshop support allows for uploading of arbitrary ROMs.
CHINA'S BIGGEST SEARCH ENGINE SIGNS AGREEMENT TO TACKLE PIRACY

URL: http://www.billboard.com/articles/business/7350247/china-search-engine-baidu-
agreement-piracy
China's biggest internet search engine Baidu has pledged to do more to tackle copyright
infringement. Earlier this week representatives of Baidu ...
IS CODE FREE SPEECH?

URL: http://illusionofmore.com/code-free-speech-2/
Embed from Getty Images I recently watched a documentary on Netflix called The Secret Rules
of Modern Living: Algorithms, hosted by mathematician Marcus du Sautoy, and I would
recommend this user-friendly guide for anyone who, like me, has basically sucked ...
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Joshua L. Simmons
WWII PHOTOG'S ESTATE SAYS CORBIS OWES $4M FOR USING IMAGES
via Law360: Intellectual Property by Natalie Olivo on 4/29/2016
Photo licensing company Corbis Corp. owes $4 million to an agent of Soviet World War II
photographer Yevgeny Khaldei's estate for using images from Khaldei's collection without
paying for them, according to a suit filed Thursday in a New York state court.
WARNER BROS. SUED OVER 'WAR DOGS' GUN RUNNER MANUSCRIPT

A Tampa-area entertainment company slapped a lawsuit against Warner Bros. Entertainment Inc.
and other Hollywood heavyweights Thursday in Florida federal court, alleging they used a
proprietary manuscript about the life of a so-called "gun runner" for their upcoming film, "War
Dogs."
OREGON TELLS 9TH CIRC. IMMUNITY BLOCKS ORACLE'S IP SUIT

Oregon on Thursday urged the Ninth Circuit to reverse a district court's ruling that the state must
face Oracle's copyright suit over allegedly not-paid-for work done on Oregon's health insurance
exchange, arguing the state never waived its 11th Amendment immunity.
COPYRIGHT EXPIRES ON BOLERO, WORLD'S MOST FAMOUS CLASSICAL

CRESCENDO
via Bangkok Post by AFP on 4/30/2016
URL: http://www.bangkokpost.com/news/world/954357/copyright-expires-on-bolero-worlds-
most-famous-classical-crescendo
Almost 90 years after it was first performed in Pa, the copyright runs out on Sunday on one of
the most popular and unique pieces of ...
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CAN YOU COPYRIGHT KLINGON? LINGUISTS SAY 'PEDOGHQO!'

URL: http://blogs.findlaw.com/technologist/2016/04/can-you-copyright-klingon-linguists-say-
pedoghqo.html
You can get married in Klingon, use Google in Klingon, and even stage Hamlet in Klingon. But
can you copyright Klingon? CBS and Paramount seem to think so, and they're suing a fan film
that makes use of the language, first invented in 1984 for "Star Trek." Now, a......
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Joshua L. Simmons
May 2016
JUSTICES AGREE TO HEAR COPYRIGHT CASE OVER CHEERLEADING UNIFORMS

URL: http://www.law.com/sites/articles/2016/05/02/justices-agree-to-hear-copyright-case-over-
cheerleading-uniforms/
It's the third IP case that the divided court has added to its 2016-17 calendar since the death of
Justice Antonin Scalia.
JEREMY SCOTT'S LEGAL TEAM LIKENS GRAFFITI ARTIST TO MURDERER

via Page Six by Mara Siegler on 5/1/2016
URL: http://pagesix.com/2016/05/01/jeremy-scotts-legal-team-likens-graffiti-artist-to-murderer/
Now Scott's lawyers have filed to dismiss the copyright lawsuit brought by Rime - whose work
has appeared at the Museum of Contemporary Art in ...
GOOGLE'S MASSIVE DATABASE DIMINISHES COPYRIGHT SECURITY FOR BOOKS

via ABQJournal on 5/2/2016
URL: http://www.abqjournal.com/766504/googles-massive-database-diminishes-copyright-
security-for-books.html
Clicking on the link will take you into Google Books, where you can finish Trollope's thought:
"Take away from English authors their copyrights, and ...
SUPREME COURT TO CONSIDER PATENT LACHES POST-'RAGING BULL'

via Law360: Intellectual Property by Ryan Davis on 5/2/2016
The U.S. Supreme Court decided Monday to consider whether laches can be a defense in patent
cases, agreeing to review a Federal Circuit decision that the defense remains available even
though the high court eliminated it in copyright cases in a case involving the film "Raging Bull."
HIGH COURT WILL TACKLE APPAREL COPYRIGHTS IN CHEERLEADER CASE

The U.S. Supreme Court agreed Monday to weigh in on when apparel can be protected by
copyright law - a question described by the petitioners as "the single most vexing, unresolved
question in all of copyright."
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IN COPYRIGHT LAWSUIT, STAR TREK FAN WORK GETS ITS 'EASY RIDER MOMENT'
via Forbes by Peter Decherney on 5/2/2016
URL: http://www.forbes.com/sites/peterdecherney/2016/05/02/in-copyright-lawsuit-star-trek-
fan-work-gets-its-easy-rider-moment/
Paramount and CBS are suing the creators of a Star Trek fan film, "The Battle of Axanar," for
copyright infringement. They claim that the film uses Star ...
SUPREME COURT TO HEAR FIGHT OVER CHEERLEADER UNIFORMS

URL: http://www.hollywoodreporter.com/thr-esq/supreme-court-hear-fight-cheerleader-889321
The case could also set boundaries on the copyright protection afforded to costumes.
JEREMY SCOTT'S LAWYERS COMPARE THE GRAFFITI ARTIST SUING HIM TO 'THE
BLACK DAHLIA'S KILLER'
via The Muse by Ellie Shechet on 5/2/2016
URL: http://themuse.jezebel.com/jeremy-scotts-lawyers-compare-the-graffiti-artist-suing-
1774240147
Moschino designer Jeremy Scott has again filed a motion to dismiss a copyright lawsuit from
Brooklyn graffiti artist Rime, who claims that Scott copied ...
LAWMAKERS WORRY FCC SET-TOP BOX PLAN INVITES PIRACY

House Judiciary Committee leaders told the Federal Communications Commission on Friday
that they were concerned its plan to "unlock" the set-top box could expand the piracy of
copyrighted works, saying the regulator must ensure those works are protected.
CAN A COPYRIGHT PROTECT A CHEERLEADER UNIFORM?

via Law Blog by Brent Kendall on 5/2/2016
URL: http://blogs.wsj.com/law/2016/05/02/can-a-copyright-protect-a-cheerleader-uniform/
The post-Scalia Supreme Court is setting its sights on lower-profile cases, but ones that
nevertheless pose tough questions, such as this: At its essence, what is a cheerleader uniform?
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Joshua L. Simmons
WSIS2016: SOFTWARE LICENSING MATTERS - TO EVERYBODY

via Intellectual Property Watch by Monika Ermert on 5/2/2016
URL: http://www.ip-watch.org/2016/05/02/wsis2016-software-licensing-matters-to-everybody/
A special committee at the World Intellectual Property Organisation on software licensing, a

globally harmonized software licence model and a dispute resolution system were among the
ideas presented to the World Intellectual Property Organization (WIPO) at panel it hosted at day
one of the 2016 WSIS Forum meeting in Geneva.
INFOJUSTICE.ORG - AUSTRALIAN COMMISSION RECOMMENDS FAIR USE TO

RESTORE BALANCE IN COPYRIGHT LAW
URL: http://www.ip-watch.org/2016/05/03/infojustice-org-australian-commission-recommends-
fair-use-to-restore-balance-in-copyright-law/
Infojustice.org reports: A draft report by the Australian Productivity Commission (APC)

concludes that the current copyright law fails to properly balance the interests of copyright
holders and users. It warns that "Australia's copyright arrangements are weighed too heavily in
favour of copyright owners, to the detriment of the long-term interests of both consumers and
intermediate users." The APC makes recommends changes to the law to address the imbalance,
including "the introduction of a broad, principles-based fair use exception."
IS DOJ INADVERTENTLY CREATING "COPYRIGHT TROLLS?"

via The Hill by Andrew Langer on 5/2/2016
URL: http://thehill.com/blogs/congress-blog/technology/278391-is-doj-inadvertently-creating-
copyright-trolls
Since just prior to World War II, the primary collectives for the major music publishers - the
American Society of Composers, Authors, and Publishers ...
NELLY FURTADO HITS OUT AT YOUTUBE SAYING PRINCE'S DEATH REMINDS

MUSICIANS 'TO WAKE UP AND SMELL ...
via The Telegraph on 5/2/2016
URL: http://www.telegraph.co.uk/news/2016/05/03/nelly-furtado-hits-out-at-youtube-saying-
princes-death-reminds-m/
A coalition of musicians, including Katy Perry, Billy Joel and Rod Stewart, are among those
arguing for changes to a US copyright law which, they say ...
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SUPREME COURT TO HEAR COPYRIGHT FIGHT OVER CHEERLEADER UNIFORMS

URL: http://arstechnica.com/tech-policy/2016/05/supreme-court-to-hear-copyright-fight-over-
cheerleader-uniforms/
3D printing companies are cheering for a cheerleading industry underdog.
EMBATTLED TRANS-PACIFIC TRADE PACT GOOD FOR HOLLYWOOD, SAYS

OFFICIAL
via THR, Esq. by Jonathan Handel on 5/3/2016
URL: http://www.hollywoodreporter.com/thr-esq/trans-pacific-partnership-good-hollywood-
889998
Senior trade official Michael Froman makes the case for the TPP but acknowledges political
headwinds.
GOOGLE IMAGE SEARCH AND THE MISAPPROPRIATION OF COPYRIGHTED

IMAGES
via CPIP by Kevin Madigan on 5/3/2016
URL: http://cpip.gmu.edu/2016/05/03/google-image-search-and-the-misappropriation-of-
copyrighted-images/
Cross-posted from the Mister Copyright blog. Last week, American visual communications and
stock photography agency Getty Images filed a formal complaint in support of the European
Union's investigation into Google's anti-competitive business practices. The Getty complaint
accuses Google of using its image search function to appropriate or "scrape" third-party
copyrighted works, thereby drawing users away ... Continue reading Google Image Search and
the Misappropriation of Copyrighted Images ?
HP URGES JUDGE TO TOSS ORACLE'S SOFTWARE CODE IP SUIT

Hewlett Packard Enterprise Co. has urged a California federal judge to toss Oracle America
Inc.'s suit alleging it conspired to distribute copyrighted Oracle software code through tech-
support companies including Terix Computer Co. Inc., which previously paid $57.7 million to
resolve a similar Oracle suit.
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Joshua L. Simmons
RUSSIA'S FACEBOOK LAUNCHES MOBILE APP IN STEP TOWARDS COPYRIGHT

LEGITIMACY
via Billboard by Vladimir Kozlov on 5/3/2016
URL: http://www.billboard.com/articles/business/7356762/vkontakte-russias-facebook-launches-
mobile-app-in-step-towards-copyright-legitimacy
Russia's leading homegrown social network VKontakte has made a major step towards legalizing
its famously unauthorized music content with the ...
AUTHORS GUILD V. GOOGLE RULING: AN EXPANSIVE VIEW OF FAIR USE

via Huffington Post by David Chavem on 5/3/2016
URL: http://www.huffingtonpost.com/david-chavern/authors-guild-v-google-ru_b_9824240.html
The copyright law is intended to protect authors and creators, not allow another company to
commercially benefit from their work. Yet, recently, the "fair ...
ARTIST DROPS SUIT OVER SHKRELI-OWNED WU-TANG ALBUM

A Long Island visual artist has agreed to drop his headline-grabbing copyright infringement suit
over the $2 million one-of-a-kind Wu-Tang Clan purchased by indicted pharmaceutical exec
Martin Shkreli.
US SUPREME COURT TO REVIEW STANDARD FOR COPYRIGHT PROTECTION OF

CLOTHING
via Intellectual Property, Patent, Trademark & Copyright News by Joshua M. Dalton et al. on
5/3/2016
URL: http://www.natlawreview.com/article/us-supreme-court-to-review-standard-copyright-
protection-clothing
The decision in this case will clarify the conceptual separability test and could offer broader
protection for useful articles.
NO HONOR IN KLINGON BRIEF IN 'STAR TREK' IP ROW, CBS SAYS

Paramount and CBS battled back against a brief lodged days before a scheduled hearing in their
copyright suit over a "Star Trek" fan film, saying Tuesday a constructed languages group's
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argument that the companies can't copyright Klingon is untimely, improper and irrelevant to the
matter at hand.
GOOGLE'S 'FAIR USE' JURY INSTRUCTION IS RULED UNFAIR

With an $8 billion copyright trial between Oracle and Google looming next week, the judge set
to oversee the case reprimanded Google on Monday for "cleverly" taking a "snippet" of key fair
use case law out of context.
BEACH LAKE RESIDENT ACCUSES BOOK PUBLISHER OF COPYRIGHT

INFRINGEMENT
via Penn Record on 5/3/2016
URL: http://pennrecord.com/stories/510722413-beach-lake-resident-accuses-book-publisher-of-
copyright-infringement
Beach Lake resident accuses book publisher of copyright infringement ... reproduced and
exceeded the limits of use of his copyrighted photographs.
COPYRIGHT HOLDERS SUE MONROEVILLE RESTAURANT

via Penn Record on 5/3/2016
URL: http://pennrecord.com/stories/510722229-copyright-holders-sue-monroeville-restaurant
Music copyright holders have filed suit against a Monroeville restaurant, citing alleged copyright
infringement. Broadcast Music, Inc.
IT'S A SYSTEM THAT IS RIGGED AGAINST THE ARTISTS': THE WAR AGAINST
YOUTUBE
via Billboard by Robert Levine on 5/5/2016
URL: http://www.billboard.com/articles/business/7356794/youtube-criticism-labels-artists-
managers-payouts
It's hard to negotiate fairly with services like YouTube, Azoff implied, because the "safe harbor"
provision of the Digital Millennium Copyright Act ...
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Joshua L. Simmons
HISTORIC SNAP APP LAUNCHES WITH COPYRIGHT HUB POWERS

URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=4902#.Vy_7Q3
qbCJE
A new sharing application that allows users to save and share old photos has launched with
Copyright Hub capabilities. Clixta assigns a hub key to ...
RAH! RAH! SIS BOOM BAH! SUPREME COURT TO DECIDE WHETHER COPYRIGHT
ACT PROTECTS CHEERLEADER UNIFORM DESIGNS
via Intellectual Property, Patent, Trademark & Copyright News by Theodore C. Max on
5/5/2016
URL: http://www.natlawreview.com/article/rah-rah-sis-boom-bah-supreme-court-to-decide-
whether-copyright-act-protects
In August 2015, the United States Sixth Circuit Court of Appeals held in Varsity Brands, Inc.. v.
Star Athletica, LLC, 799 F.3d 468 (6th Cir.
PIRACY SITE FOR ACADEMIC JOURNALS PLAYING GAME OF DOMAIN-NAME

WHAC-A-MOLE
URL: http://arstechnica.com/tech-policy/2016/05/piracy-site-for-academic-journals-playing-
game-of-domain-name-whac-a-mole/
We reported just a few weeks ago on a popular pirate site for science journals whose oversees
admin was being sued by one of the world's leading academic publishers, Elsevier.
COPYRIGHT BASICS FOR STARTUPS AND ENTREPRENEURS

via Intellectual Property, Patent, Trademark & Copyright News by Jonathan D. Frieden on
5/5/2016
URL: http://www.natlawreview.com/article/copyright-basics-startups-and-entrepreneurs
In most cases, the value of an early-stage business is based primarily on its intellectual property,
such as its rights in inventions, literary and artistic works, and the symbols, images, and names
used to identify the business to its prospective customers. Though many entrepreneurs and
startups immediately think of seeking patent protection for their ideas, the other two forms of
intellectual property protection, copyright and trademark, provide valuable protections that
should not be ignored.
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5TH CIRC. KILLS WRITER'S COPYRIGHT, CONTRACT ROW

A Kansas-based author lost a bid to revive his copyright lawsuit alleging a publishing company
based in the United Kingdom backed out of a contract to pay him royalties for his book when the
Fifth Circuit ruled Thursday it didn't have jurisdiction over the dispute.
WAL-MART, TARGET, KOHL'S SETTLE 'HONEY BADGER' IP SUITS

via Law360: Intellectual Property by Martin O'Sullivan on 5/5/2016
The man behind the viral "Crazy Nastyass Honey Badger" YouTube video has settled his suits
accusing Wal-Mart, Target and Kohl's of trademark and copyright infringement for selling
merchandise that uses his catchphrase, according to voluntary dismissals approved this week in
California federal court.
FAIR USE IN HIGHER EDUCATION: LESSONS LEARNED FROM GEORGIA STATE

via The Legal Intelligencer by Dina Leytes & Christine E. Weller on 5/5/2016
URL: http://www.thelegalintelligencer.com/id=1202756924054/Fair-Use-in-Higher-Education-
Lessons-Learned-From-Georgia-State?slreturn=20160408225438
Under the United States Copyright Act, copyright attaches automatically to original works of
authorship fixed in a tangible medium of expression, ...
AUSTRALIA NAMES COPYRIGHT PROTECTION OFFICIAL TO BEIJING

via The Standard on 5/6/2016
URL: http://www.thestandard.com.hk/breaking-news.php?id=74441
The Australian government announced plans today to appoint an intellectual property (IP)
counsellor in China. Australian assistant innovation minister ...
HEY, YOUTUBE: PAY YOUR 'WORKERS' PROPERLY AND GET WITH THE TIMES
URL: http://www.theregister.co.uk/2016/05/06/geoff_taylor_bpi_youtube/
That's because its owner Alphabet (aka Google) has been able to take advantage of a copyright
loophole to squeeze rates down to a fraction of what ...
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Joshua L. Simmons
SPAIN: COPYRIGHT ISSUES RELATED TO COLLECTIVE MANAGEMENT SOCIETIES'

ROYALTIES
via Lexology by Blanca Cortes Fernandez on 5/6/2016
URL: http://www.lexology.com/library/detail.aspx?g=890a96a8-6541-46a0-8938-55b0f3dbc7b7
Blanca Cortés, counsel of CMS in Spain, represents a Spanish television broadcaster in court
proceedings filed by two collective management ...
IN ORACLE TRIAL, GOOGLE AGAIN TESTS FAIR USE LIMITS

Set to square off with Oracle on Monday in a closely watched $8.8 billion trial over software
copyrights, Google finds itself once again in a familiar position: testing the outer limits of the
fair use doctrine.
ORACLE V. GOOGLE: EVERYTHING YOU NEED TO KNOW

After more than five years of litigation, Oracle and Google will head to court Monday for an
$8.8 billion trial over Google's use of Oracle's copyrighted Java software code in the Android
operating system. To get up to speed, here's what you need to know.
SUPREME COURT SPLIT GIVES BOOST TO IP CASES

via The Recorder by Scott Graham on 5/6/2016
URL: http://www.therecorder.com/id=1202757050040/Supreme-Court-Split-Gives-Boost-to-IP-
Cases
Then last week it agreed to determine when the designs of "useful objects" can be copyrighted,
and whether laches is a proper defense in patent ...
ORACLE AND GOOGLE HEAD BACK TO COURT

via WSJ.com: WSJD by Jack Nicas on 5/6/2016
URL: http://www.wsj.com/articles/oracle-and-google-head-back-to-court-1462616948
A six-year dispute between Oracle Corp. and Alphabet Inc.'s Google over software copyrights
heads back to court Monday for a trial that could lead to billions of dollars in damages and alter
the ground rules for modern software.
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INDIA AMONG 11 COUNTRIES ON COPYRIGHT 'WATCH LIST'

via India West on 5/7/2016
URL: http://www.indiawest.com/news/business/india-among-countries-on-copyright-watch-
list/article_c2a1fbe4-13dd-11e6-a9e6-bb6010d73b99.html
India is among the 11 countries targeted by the Obama administration for leaving American
producers of music, movies and other copyrighted material ...
MOONLIGHT INN, OWNERS ACCUSED OF UNAUTHORIZED SONG PERFORMANCES

via Louisiana Record on 5/7/2016
URL: http://louisianarecord.com/stories/510722836-moonlight-inn-owners-accused-of-
unauthorized-song-performances
The plaintiffs request a trial by jury and seek an order restraining defendants from infringing
copyrighted musical compositions licensed by BMI, ...
UNLICENSED TUNES HAVE HIGH-END STEAK HOUSE SINGING THE BLUES

via Tuscon.com by Maggie Driver on 5/7/2016
URL: http://tucson.com/business/local/unlicensed-tunes-have-high-end-steak-house-singing-the-
blues/article_67e81ce9-e097-5647-8dc6-03c532b1d1c8.html
Tucson's Five Palms Steak and Seafood is in the middle of a copyright ... A proper license allows
businesses to play the copyrighted songs in public, ...
SECOND ORACLE V. GOOGLE TRIAL COULD LEAD TO HUGE HEADACHES FOR

DEVELOPERS
URL: http://arstechnica.com/tech-policy/2016/05/round-2-of-oracle-v-google-is-an-
unpredictable-trial-over-api-fair-use/
Two of the world's biggest software companies face off in court this week for the second time,
even though the most important issue of their dispute has already been resolved.
ORACLE V. GOOGLE COPYRIGHT RETRIAL WON'T BRING CLARIFICATION ON

APPLICATION PROGRAMMING INTERFACES (APIS)
URL: http://www.fosspatents.com/2016/05/oracle-v-google-copyright-retrial-wont.html
Tomorrow, the Oracle v. Google Android-Java copyright retrial is scheduled to begin.
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Joshua L. Simmons
MORE GOOGLE DMCA MISDIRECTION...REFUSING TAKEDOWN REQUESTS FOR

BLOGGER SITES WITH CUSTOM DOMAINS
URL: http://voxindie.org/google-dmca-misdirection-takedowns-blogger-hosted-sites-custom-
domains/
Hop aboard for another spin on Google's DMCA Merry-Go-Round It's not news that Google-
hosted Blogger websites are a favorite storefront for online pirates. It's also not news that Google
does its best to obstruct DMCA takedowns by setting up various roadblocks along the way.
Today I discovered yet another example of just how difficult Google makes the DMCA process-
this time with Blogger-hosted
COPYRIGHT 'NOTICE AND TAKEDOWN' SYSTEM NEEDS FIXING

via The Hill by Randolph J. May on 5/9/2016
URL: http://thehill.com/blogs/pundits-blog/technology/279179-copyright-notice-and-takedown-
system-needs-fixing
In order to adequately secure copyrights in music, movies and other media, the notice and
takedown system needs to be fixed to comport with today's ...
WHALES, COPYRIGHT.....AND CENSORSHIP?

URL: http://hughstephensblog.net/2016/05/09/whales-copyright-and-censorship
A couple of months ago a story about the Vancouver Aquarium and copyright infringement
caught my attention.
GIVE ME A 'C' (IN A CIRCLE): CHEERLEADER UNIFORMS AT HIGH COURT

via Law360: Intellectual Property by Eleanor Lackman on 5/9/2016
Last week, the U.S. Supreme Court took up the invitation to clarify a messy area of copyright
law. Star Athletica v. Varsity Brands concerns whether the designs on cheerleading uniforms can
be subject to copyright protection, but the impact of the ruling is likely to spread well beyond
uniforms - perhaps beyond garment design to other everyday useful articles, says Eleanor
Lackman of Cowan DeBaets Abrahams & Sheppard LLP.
- 366 -
WIPO COPYRIGHT COMMITTEE: BROADCASTING, EXCEPTIONS, STRONGER

ARTISTS' RIGHTS
via Intellectual Property Watch by Catherine Saez on 5/9/2016
URL: http://www.ip-watch.org/2016/05/09/wipo-copyright-committee-broadcasting-exceptions-
stronger-artists-rights/
This week, World Intellectual Property Organization members are picking up discussions on a
possible treaty to protect broadcasting organisations against signal piracy. Also on the agenda is
exceptions and limitations to copyright for certain users. And proposals for two new topics for
committee discussion are expected to be considered.
CELEBRITY HACKER COPS TO COPYRIGHT INFRINGEMENT, ID THEFT

via Law360: Intellectual Property by Pete Brush on 5/9/2016
A Bahamian man accused of hacking into the email accounts of celebrities and professional
athletes and of stealing television and movie scripts pled guilty Monday to charges of criminal
copyright infringement and identity theft.
GOOGLE AND ORACLE GO BACK TO COURT

via The Hill by David McCabe on 5/9/2016
URL: http://thehill.com/policy/technology/279264-google-and-oracle-go-back-to-court
It didn't ask for permission from Oracle, which sued, alleging that it should be able to copyright
the commands. The court will now weigh Google's ...
JURY IS PICKED FOR $9 BILLION ORACLE V. GOOGLE SHOWDOWN

URL: http://arstechnica.com/tech-policy/2016/05/jury-is-picked-for-9-billion-oracle-v-google-
showdown/
A jury of ten men and women has been selected for the second Oracle v. Google copyright trial,
and opening statements will be heard here tomorrow morning.
- 367 -
Joshua L. Simmons
THE ORACLE-GOOGLE JURY INCLUDES AT LEAST ONE PERSON WITH AN

AVERSION TO TECH
URL: http://www.itworld.com/article/3067938/the-oracle-google-jury-includes-at-least-one-
person-with-an-aversion-to-tech.html
A lawyer, an accountant and a retired CFO are among the eight women and two men who were
selected Monday to decide Oracle's huge copyright infringement case against Google.
JAPAN MOVES TO PROTECT 'COPYRIGHTS' OF AI CREATIONS

via The Japan Times on 5/9/2016
URL: http://www.japantimes.co.jp/news/2016/05/10/national/japan-moves-protect-copyrights-ai-
creations/
The framework would address concerns that the existing copyright law may not cover works
produced by computers almost without any human ...
NOVELIST SAYS FOX CAN'T ESCAPE 'EMPIRE' COPYRIGHT SUIT

via Law360: Intellectual Property by Kat Sieniuc on 5/9/2016
A Virginia-based author who says the television show "Empire" was lifted from his 2007 novel
and claims Twentieth Century Fox owes him $1.5 billion for copyright infringement is pushing
back on the network's bid to kill the suit, insisting in a brief Monday that the character
similarities are no coincidence.
ADJUST YOUR FACEBOOK, TWITTER PRIVACY SETTINGS, JUDGE TELLS JURORS

IN ORACLE-GOOGLE JAVA TRIAL
via The Register by Kieren McCarthy on 5/9/2016
URL: http://www.theregister.co.uk/2016/05/09/oracle_google_jury_privacy/
The judge in the long-running Oracle-Google copyright lawsuit has advised jurors to adjust the
privacy settings on their social media outlets - noting, ...
RECENT USES OF SOFTWARE AND THE DIGITAL MILLENNIUM COPYRIGHT ACT

via New York Law Journal by Richard Raysman & Peter Brown on 5/9/2016
URL: http://www.newyorklawjournal.com/id=1202756988815/Recent-Uses-of-Software-and-
the-Digital-Millennium-Copyright-Act
One of the motivations for enacting the Digital Millennium Copyright Act (DMCA), 17 U.S.C.
§1201 et seq., was the acknowledgement by Congress of ...
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SIX THINGS TO WATCH IN ORACLE-GOOGLE TRIAL

URL: http://www.law.com/sites/articles/2016/05/07/six-things-to-watch-in-oracle-google-trial/
From the star witness lists to the tough judge, here's what you should know about the tech titans'
showdown.
GOOGLE TOOK OUR PROPERTY-AND OUR OPPORTUNITY, ORACLE TELLS JURY

URL: http://arstechnica.com/tech-policy/2016/05/oracle-tells-jury-dont-buy-googles-fair-use-
excuse/
"I always have to think when I write this out, because I'm not used to writing billions," Oracle
lawyer Peter Bicks told a jury here as he wrote out "3,000,000,000" on a large sheet of paper.
JUDGE REFUSES TO DISMISS LAWSUIT OVER CROWDFUNDED 'STAR TREK' FILM

URL: http://www.hollywoodreporter.com/thr-esq/judge-refuses-dismiss-lawsuit-crowdfunded-
892414
The use of Klingon - a language allegedly not copyrightable - in a not-yet-produced feature film
can't doom this lawsuit.
RESISTANCE TO 'STAR TREK' IP SUIT PROVES FUTILE, FOR NOW

A federal judge on Tuesday refused to toss out a copyright lawsuit filed by Paramount Pictures
over an unauthorized "Star Trek" fan film, quipping that the case should "live long enough" to
survive an early-stage motion to dismiss but refusing to rule on whether it would "prosper" on
the merits.
CRUZ CAMPAIGN SUED FOR UNAUTHORIZED MUSIC IN ADS

via Law360: Intellectual Property by Michelle Casady on 5/10/2016
The suspended presidential campaign of Texas Sen. Ted Cruz was hit on Monday with a federal
lawsuit alleging copyright infringement and contract breaches related to its use of licensed music
in political ads on YouTube and cable television.
- 369 -
Joshua L. Simmons
COPYRIGHT PROTECTION OF DNA SEQUENCES: MARKET IMPLICATIONS (PART 2)

via Lexology by Chris Holman on 5/10/2016
URL: https://www.lexology.com/library/detail.aspx?g=c5557a38-b436-438f-afde-483e0d7403dd
The first installment of this two-part series on copyright sequence searching focused on the
Copyright Office's use of search in conjunction with ...
ON THE STAND, GOOGLE'S ERIC SCHMIDT SAYS SUN HAD NO PROBLEMS WITH
ANDROID
URL: http://arstechnica.com/tech-policy/2016/05/oracles-lawyer-grills-googles-eric-schmidt-on-
the-nature-of-apis/
Alphabet Chairman and former Google CEO Eric Schmidt testified in a federal court here today,
hoping to overcome a lawsuit from Oracle accusing his company of violating copyright law.
JUDGE: STAR TREK FANFIC CREATORS MUST FACE CBS, PARAMOUNT

COPYRIGHT LAWSUIT
URL: http://arstechnica.com/tech-policy/2016/05/judge-star-trek-fanfic-creators-must-face-cbs-
paramount-copyright-lawsuit/
On Monday, a Los Angeles-based US District Court judge ruled that Axanar Productions, a
crowd-funded Star Trek fanfiction production company, would have to face a copyright
infringement lawsuit (PDF) from CBS and Paramount, which own the rights to the Star Trek TV
and film franchise.
ERIC SCHMIDT PLAYS GOOD DEFENSE AT THE ORACLE-GOOGLE TRIAL

URL: http://www.itworld.com/article/3068719/eric-schmidt-plays-good-defense-at-the-oracle-
google-trial.html#tk.rss_news
Eric Schmidt was called to the witness stand Tuesday in Oracle's copyright infringement lawsuit
against Google, and he gave little ground during some tense exchanges with Oracle's attorney.
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TENTH CIRCUIT AFFIRMS LOWER COURT RULING ON MEANING OF "USER" IN

DMCA §512(C) SAFE HARBOR
via Intellectual Property, Patent, Trademark & Copyright News by Jeffrey D Neuburger on
5/10/2016
URL: http://www.natlawreview.com/article/tenth-circuit-affirms-lower-court-ruling-meaning-
user-dmca-512c-safe-harbor
Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying
service providers to limit their liability for claims of copyright infringement. To benefit from the
Section 512(c) safe harbor, a storage provider must establish that the infringing content was
stored "at the direction of the user." 17 U.S.C. § 512(c)(1). The statute does not define "user" and
until recently, no court had interpreted the term.
JURY SELECTED FOR ORACLE-GOOGLE SHOWDOWN

URL: http://www.law.com/sites/articles/2016/05/09/jury-selected-for-oracle-google-showdown/
The panel includes a former Silicon Valley CFO and a Napa County lawyer.
ORACLE'S NEW LAWYER COMES OUT SWINGING IN COPYRIGHT TRIAL

URL: http://www.law.com/sites/articles/2016/05/10/oracles-new-trial-lawyer-coins-a-
catchphrase/
Peter Bicks, the New York litigator taking center stage against Google, took aim at his
adversary's famous file cabinet and even coined a catchphrase.
ORACLE & GOOGLE TRADE SAME OLD JABS IN COPYRIGHT TRIAL

URL: http://www.courthousenews.com/2016/05/10/new-oracle-google-copyright-trial-kicks-
off.htm
"The right of fair use permits the use of copyrighted work without the owner's permission when
it builds on something," Van Nest said. "Google ...
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Joshua L. Simmons
GOOGLE RIPPED OUT JAVA'S HEART, ORACLE TELLS JURY ON DAY 1

via Law360: Intellectual Property by Erin Coe on 5/10/2016
Oracle delivered opening statements Tuesday in its $8.8 billion lawsuit against Google, telling a
California federal jury that Google can't hide behind a "fair use excuse" after it ripped out the
"heart" of Oracle's copyrighted Java software code and put it into three billion Android devices.
JUDGE PUTS CORK IN KLINGON COPYRIGHT DISPUTE

via The Recorder by Ben Hancock on 5/10/2016
URL: http://www.therecorder.com/id=1202757346108/Judge-Puts-Cork-in-Klingon-Copyright-
Dispute
Those in the sizable overlap will surely be disappointed by a federal judge's decision to sidestep
the issue of whether the made-up language of ...
WAKE UP CALL: GOOGLE-ORACLE COPYRIGHT TRIAL OPENS WITH ERIC

SCHMIDT TESTIMONY
via Bloomberg Law by Rick Mitchell on 5/11/2016
URL: https://bol.bna.com/wake-up-call-google-oracle-copyright-trial-opens-with-eric-schmidt-
testimony/
Alphabet chairman Eric Schmidt, testified on Tuesday and is expected to appear again on
Wednesday, at the blockbuster federal copyright trial over ...
SUN'S JONATHAN SCHWARTZ AT TRIAL: JAVA WAS FREE, ANDROID HAD NO

LICENSING PROBLEM
URL: http://arstechnica.com/tech-policy/2016/05/suns-jonathan-schwartz-at-trial-java-was-free-
android-had-no-licensing-problem/
Former Sun CEO Jonathan Schwartz took the stand today in the second Oracle v. Google trial,
testifying about the Java language and APIs, including how they were used in the market.
GETTY ADDED TO SPORTS PHOTOGS' COPYRIGHT SUITS

via Law360: Intellectual Property by Brian Amaral on 5/11/2016
Two sports photographers slapped Getty Images with a federal lawsuit in Wisconsin on
Wednesday, alleging the licensing company contributed to a "massive counterfeiting scheme"
that is already the subject of two separate suits against memorabilia dealers.
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GOOGLE, ORACLE SPAR ON SOFTWARE ENGINEER'S EMAIL IN JAVA SUIT

Oracle accused Google of "hypocrisy in the extreme" on Tuesday, after Google protested having
one of its employees, a software engineer, called to the stand during an $8.8 billion copyright
trial in California federal court over its use of Oracle's Java software code.
ALSUP WANTS TO 'COME CLEAN' WITH GOOGACLE JURY

URL: http://www.law.com/sites/articles/2016/05/11/alsup-wants-to-come-clean-with-googacle-
jury/
Keeping the first trial a secret won't work and may backfire, the judge told lawyers for Oracle
and Google.
THE BIGGEST PROBLEM FOR THE ORACLE V. GOOGLE RETRIAL: JUDGE ALSUP'S
REALITY DISTORTION FIELD
URL: http://www.fosspatents.com/2016/05/the-biggest-problem-for-oracle-v-google.html
As an observer of two major disputes that started in the Northern District of California, Apple v.
Samsung and Oracle v. Google, I have repeatedly taken issue with Judge Lucy Koh's
unwilligness to invalidate bad patents, but all in all I'm still glad she has been nominated for the
Ninth Circuit rather than Judge William H. Alsup, her San Francisco-based colleague.
CONTENT ID CRITICISED FOR IGNORING FAIR USE

"This is absurd," claimed the EFF in a statement on 11 May. "HVBA's use of clips from old
bluegrass recordings is a clear fair use under copyright law.".
PRINCE FOUGHT FOR ARTISTS, RICHARD PRINCE STEALS FROM THEM

via Copyright Alliance by Sarah Howes on 5/12/2016
URL: https://copyrightalliance.org/2016/05/prince_fought_artists_richard_prince_steals_them
The only thing these two men share is a name, nothing more.
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Joshua L. Simmons
COPYRIGHT AND CONSEQUENCES: GOOGLE'S ANDY RUBIN DEFENDS ANDROID

TO JURY
URL: http://arstechnica.com/tech-policy/2016/05/copyright-and-consequences-googles-andy-
rubin-defends-android-to-jury/
During hours of unrelenting cross-examination today, Andy Rubin, Google's former Android
chief, was on the stand in the Oracle v. Google trial defending how he built the mobile OS.
JUDGE WON'T REVIVE DYLAN THOMAS COPYRIGHT FIGHT

A New York federal judge on Thursday refused to budge from his March ruling that a British
company could not use U.S. courts to sue the Welsh government and several American
newspapers over tourism ads featuring photos of famed Welsh poet Dylan Thomas.
FOREVER 21, ROSS ACCUSED OF STEALING FABRIC DESIGN

via Law360: Intellectual Property by Dani Meyer on 5/12/2016
A textile company launched separate suits Thursday in California federal court against Forever
21 Inc. and Ross Stores Inc. for allegedly selling in their stores, clothes sporting a design that
copies the company's original artwork.
ANDROID CHIEF DEVELOPER GRILLED AT ORACLE-GOOGLE COPYRIGHT TRIAL
via eWeek by Chris Preimesberger on 5/12/2016
URL: http://www.eweek.com/android/android-chief-developer-grilled-at-oracle-google-
copyright-trial.html
Oracle lawyers found a message from 2006 in which Rubin wrote that the Java application
programming interfaces (APIs) were copyrighted by Sun.
AWARDING ATTORNEYS' FEES IN COPYRIGHT CASES

via Lexology by Mark Hannemann et al. on 5/13/2016
URL: http://www.lexology.com/library/detail.aspx?g=139d0096-1e8d-4d40-82a1-
58d8b9609e5b
John Wiley & Sons, Inc.-currently before the Supreme Court to determine the appropriate
standard for awarding attorneys' fees in copyright ...
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ATTORNEYS ASK COPYRIGHT OFFICE JUST WHAT A 'REPEAT OFFENDER' IS

via Courthouse News Service by Maria Dinzeo on 5/13/2016
URL: http://www.courthousenews.com/2016/05/13/attorneys-joust-over-copyright-laws-
legacy.htm
Section 512 of the 1998 law was designed to incentivize cooperation between copyright owners
and online service providers, and protect providers ...
A COPYRIGHT LAWYER EXPLAINED WHAT'S GOING TO HAPPEN AT LED

ZEPPELIN'S 'STAIRWAY TO HEAVEN' TRIAL
via Business Insider by James Cook on 5/13/2016
URL: http://www.businessinsider.com/copyright-lawyer-explains-led-zeppelins-stairway-to-
heaven-trial-2016-5
On June 14 a case against Led Zeppelin members Robert Plant and Jimmy Page will go to trial in
Los Angeles, accusing them of copying the ...
FASTCASE SEEKS SUMMARY JUDGMENT IN CASE OVER...

via ABA Journal by Martha Neil on 5/13/2016
URL:
http://www.abajournal.com/news/article/fastcase_seeks_summary_judgment_in_case_over_clai
med_copyright_in_georgia
... in a federal case seeking a declaratory judgment that competitor Lawriter LLC has no
copyright in the Georgia state regulations at issue. Lawriter ...
ATTORNEYS JOUST OVER LEGACY OF FEDERAL DIGITAL COPYRIGHT LAW
via Courthouse News Service by Maria Dinzeo on 5/13/2016
URL: http://www.courthousenews.com/2016/05/13/attorneys-joust-over-copyright-laws-
legacy.htm
Whether courts have "gotten it right" when it comes to the Digital Millennium Copyright Act's
notice and takedown provisions ...
NBA 2K' VIDEOGAME MAKER FIGHTS LAWSUIT OVER COPYRIGHTED TATTOOS

URL: http://www.hollywoodreporter.com/thr-esq/nba-2k-videogame-maker-fights-893783
Take-Two says the registration for what can be seen on LeBron James' body came too late.
- 375 -
Joshua L. Simmons
THE PIRATE BAY'S FILE-SHARING WEBSITES TO BE HANDED OVER TO SWEDISH

GOVERNMENT
via Tech Times by Khier Casino on 5/13/2016
URL: http://www.techtimes.com/articles/158235/20160513/pirate-bay-file-sharing-websites-
handed-over-swedish-government.htm
The Pirate Bay has become one of the most popular file-sharing torrent sites for downloading
copyrighted media and programs for free, according to ...
NEW NBA GAME VERSION RESETS IP CLOCK, TATTOO LICENSER SAYS

via Law360: Intellectual Property by Kat Sieniuc on 5/13/2016
A tattoo licenser who is suing the makers of a basketball video game for depicting players' ink
without permission responded Friday to the gaming companies' bid to kill the suit, insisting it's
not too late to make their claims.
HERE'S A MOUNTAIN OF WILLFUL-INFRINGEMENT EVIDENCE THE ORACLE V.

GOOGLE JURY WON'T SEE IN TRIAL PHASE ONE
URL: http://www.fosspatents.com/2016/05/heres-mountain-of-willful-infringement.html
Further below you can find a very long list of items in the evidentiary record of Oracle v. Google
(the Android-Java copyright infringement case) that will convince any reasonable person not
affiliated with Google that Google was fully aware of the legally problematic approach its
Android team took to the Java APIs.
TOP PROGRAMMER DESCRIBES ANDROID'S NUTS AND BOLTS IN ORACLE V.

GOOGLE
URL: http://arstechnica.com/tech-policy/2016/05/top-programmer-describes-androids-nuts-and-
bolts-in-oracle-v-google/
The Oracle v. Google trial rolled into its fifth day on Friday, beginning with videotaped
deposition testimony from Oracle founder Larry Ellison.
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THE AUSTRALIAN PRODUCTIVITY COMMISSION'S COPYRIGHT

RECOMMENDATIONS: USING A SLEDGEHAMMER TO KILL A FLY (OR KILLING THE
GOLDEN GOOSE)
URL: http://hughstephensblog.net/2016/05/15/the-australian-productivity-commissions-
copyright-recommendations-using-a-sledgehammer-to-kill-a-fly-or-killing-the-golden-goose
When that pesky fly lands on your morning toast or afternoon scone, you can ignore it, or you
can take reasonable responsive measures, such as closing the window, putting up a screen, or
shooing it away.
GOOGLE'S BOOK SCAN PROJECT STILL UNDER FIRE DESPITE LEGAL VICTORY
via Intellectual Property Watch by Bruce Gain on 5/16/2016
URL: http://www.ip-watch.org/2016/05/16/googles-book-scan-project-still-under-fire-despite-
legal-victory/
Legal barriers for Google's monumental book-scanning project have been removed in the United
States, but the initiative remains controversial and would likely run afoul of US copyright law,
legal experts say.
STAY DOWN PROVISION WILL NOT "ENTRENCH" YOUTUBE DOMINANCE

URL: http://illusionofmore.com/staydown-provision-will-not-entrench-youtubes-dominance/
This is an argument that's been around for quite a while. I first stumbled upon it in 2013, found it
again in the recently published report by Berkeley and Columbia researchers, and I understand it
came up again in round-table ... Continue reading ?
AT TRIAL, TOP ANDROID CODER EXPLAINS ORACLE'S QUESTIONS ON

"SCRUBBED" SOURCE CODE
URL: http://arstechnica.com/tech-policy/2016/05/at-trial-top-android-coder-explains-oracles-
questions-on-scrubbed-source-code/
Top Android programmer Dan Bornstein returned to the stand today as the Oracle v. Google trial
rolled into its sixth day.
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Joshua L. Simmons
HEIRS TO GOSPEL CLASSIC CAN REGAIN RIGHTS, 6TH CIRC. SAYS

The Sixth Circuit on Monday ruled that the rights to the classic gospel song "I'll Fly Away"
should revert to the six children of its late songwriter, ending a long decadelong fight over the
Copyright Act's so-called termination rights.
WHO QUALIFIES AS A REPEAT INFRINGER OF COPYRIGHTS UNDER THE DMCA?

URL: http://blogs.findlaw.com/technologist/2016/05/who-qualifies-as-a-repeat-infringer-of-
copyrights-under-the-dmca.html
Thanks to the Digital Millennium Copyright Act, online services like Facebook, Reddit, and
Youtube aren't liable for the copyright violations of their users. Those companies are protected
by the DMCA's safe harbor provisions, but under the terms of the DMCA, those limitations on
liability shall apply only when a......
GOOGLE PUTS ITS EXPERT ON THE STAND TO COMBAT ORACLE, WRAPS UP ITS
CASE
URL: http://arstechnica.com/tech-policy/2016/05/google-puts-its-expert-on-the-stand-to-combat-
oracle-wraps-up-its-case/
Today was the sixth day of the Oracle v. Google trial, and Google has finished making its
argument that it's not a copyright scofflaw for using 37 Java APIs in the Android operating
system.
ORACLE'S SAFRA CATZ: WE DIDN'T BUY SUN TO SUE GOOGLE

via Fortune by Reuters on 5/16/2016
URL: http://fortune.com/2016/05/16/oracle-google-safra-catz/
In a trial at San Francisco federal court, Oracle claims Google's Android smartphone operating
system violated its copyright on parts of the Java ...
- 378 -
ORACLE CEO SAFRA CATZ: "WE DID NOT BUY SUN TO FILE THIS LAWSUIT"
URL: http://arstechnica.com/tech-policy/2016/05/oracle-ceo-safra-catz-we-did-not-buy-sun-to-
file-this-lawsuit/
Oracle CEO Safra Catz took the stand in federal court today as her company makes its case that
Google should pay billions of dollars for using 37 Java APIs in its Android operating system.
ORACLE CO-CEO SAYS IT DID NOT BUY SUN MICRO TO SUE GOOGLE
via Reuters by Dan Levine on 5/16/2016
URL: http://www.reuters.com/article/us-oracle-alphabet-trial-idUSKCN0Y726D
O) Google unit said it should be able to use Java without paying a fee under the fair-use
provision of copyright law. Oracle acquired Sun in 2010 and ...
ORACLE CHIPS AT GOOGLE FAIR USE IN JAVA REDUX

URL: http://www.courthousenews.com/2016/05/16/oracle-chips-at-google-fair-use-in-java-
redux.htm
In the latest twist in the $9-billion Oracle-Google copyright trial, Oracle on Monday sought to
debunk claims that Google ...
WIPO COPYRIGHT COMMITTEE IN FREEWHEEL MODE; CONVERSATION

CONTINUES
URL: http://www.ip-watch.org/2016/05/17/wipo-copyright-committee-in-freewheel-mode-
conversation-continues/
It is difficult to understand whether the prospect of a treaty protecting rights of broadcasters is

getting nearer or farther away at the World Intellectual Property Organization, as some countries
are still calling for a diplomatic conference to finish the treaty, while others are saying agreement
on core issues such as what and who the treaty should protect seems elusive. And the committee
discussion of copyright exceptions and limitations was nourished by non-governmental entities
explaining the need for those exceptions.
- 379 -
Joshua L. Simmons
ORACLE SAYS IT CONSIDERED DEVELOPING ITS OWN PHONE BEFORE GOOGLE

SUIT
via Fortune on 5/17/2016
URL: http://fortune.com/2016/05/17/oracle-safra-catz-google-revenue/
... after Google stole its copyrighted software to enter the smartphone market, ... who fear an
Oracle victory could spur more software copyright lawsuits.
ORACLE CEO: GOOGLE'S ANDROID BROKE JAVA IN TWO

URL: http://arstechnica.com/tech-policy/2016/05/oracle-ceo-googles-android-broke-java-in-two/
Oracle CEO Safra Catz testified in federal court today that Oracle spends "hundreds of millions"
of dollars promoting and supporting Java and that the investment was at risk because of Google
and Android.
BROADCASTERS SAY FILMON'S COPYRIGHT WIN FLOUTED CONGRESS

Broadcasters fired their final shot Monday in an effort to overturn a ruling that internet streamers
like FilmOn X deserve the same automatic copyright license as cable companies, warning the
Ninth Circuit not to "substitute its judgment" for that of Congress.
ANTI-PIRACY FIRM RIGHTSCORP'S Q1 FINANCIALS READ LIKE AN OBITUARY

URL: http://arstechnica.com/tech-policy/2016/05/anti-piracy-firm-rightscorps-q1-financials-
read-like-an-obituary/
Rightscorp heralded itself as a content savior when it was founded in 2011 with a novel business
model-enforcing copyrights by capturing online pirates and demanding about a $20 fee per
pilfered work.
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ORACLE JAVA ARCHITECT CONSCRIPTS HARRY POTTER IN MAKING THE CASE

AGAINST GOOGLE
URL: http://arstechnica.com/tech-policy/2016/05/oracle-java-architect-conscripts-harry-potter-
in-making-the-case-against-google/
Oracle lawyers put two executives and a computer expert on the witness stand in federal court
here today, pushing their case that Google violated copyright law when it used Java API
packages in its Android operating system.
TEXTBOOK COMPANY ACCUSED OF COPYRIGHT INFRINGEMENT

via PennRecord by Gene Johnson on 5/17/2016
URL: http://pennrecord.com/stories/510724522-textbook-company-accused-of-copyright-
infringement
According to the claim, Keller is the owner of copyrights to photographs that were originally
licensed for limited use by McGraw-Hill but that are now ...
ORACLE CEO RECOUNTS RUN-IN WITH GOOGLE GC

URL: http://www.law.com/sites/articles/2016/05/17/oracle-ceo-recounts-run-in-with-google-gc/
Keker & Van Nest partner Christa Anderson cross-examined Oracle's Safra Catz, who testified
Tuesday about a testy exchange with Google's Kent Walker.
SAFRA CATZ FRAMES ORACLE V. GOOGLE FIGHT IN BIBLICAL TERMS

via ZDNet by Stephanie Condon on 5/17/2016
URL: http://www.zdnet.com/article/safra-catz-frames-oracle-v-google-fight-in-biblical-terms/
Oracle's legal battle against Google comes down to technical issues like software development
and copyright law, but Oracle CEO Safra Catz on ...
ORACLE MOVES FOR JUDGMENT AS A MATTER OF LAW AGAINST GOOGLE'S 'FAIR

USE' DEFENSE TO JAVA COPYRIGHT INFRINGEMENT
URL: http://www.fosspatents.com/2016/05/oracle-moves-for-judgment-as-matter-of.html
Oracle has just filed a JMOL (judgment as a matter of law) motion against Google's flimsy "fair
use" defense in the Android-Java copyright infringement case.
- 381 -
Joshua L. Simmons
IS GRAFFITI INELIGIBLE FOR COPYRIGHT PROTECTION JUST BECAUSE THE ACT

OF TAGGING IS ILLEGAL?
via Lexology by Nicholas M. O'Donnell on 5/18/2016
URL: http://www.lexology.com/library/detail.aspx?g=4aec2cba-8f6d-49e3-963d-4ca4c57eb9c5
The motion raises a number of arguments, but the most significant is the contention that
Tierney's work, as graffiti, is ineligible for copyright protection ...
JUDGE ASKED TO ORDER JIMMY PAGE AND ROBERT PLANT TO ATTEND

'STAIRWAY TO HEAVEN' TRIAL
URL: http://www.hollywoodreporter.com/thr-esq/judge-asked-order-jimmy-page-895337
Lawyers for the two stars say it's been made clear they will be at the California courthouse next
month.
COPYRIGHT OFFICE MAY DEMAND E-BOOK COPIES

via Bloomberg BNA by Joseph Marks on 5/18/2016
URL: http://www.bna.com/copyright-office-may-n57982072564/
The Copyright Office may require publishers of Web-only e-books and sound recordings to
provide copies of their publications to the ...
GOOGLE TRIES "PRETTY WOMAN" TACTIC IN ORACLE COPYRIGHT SUIT

via Intellectual Property, Patent, Trademark & Copyright News by Annie Dike on 5/18/2016
URL: http://www.natlawreview.com/article/google-tries-pretty-woman-tactic-oracle-copyright-
suit
I'm not sure Julia Roberts' use of that blonde wig and eighties cut-out dress when she leaned
against Richard Gere's car in Pretty Woman should be considered "fair use," but perhaps a court
might say otherwise. How does Julia's transformation from wayward to womanly in that iconic
1990 film come into play in a fight between tech giants Google and Oracle over the use of
copyrighted java? Because they both hinge on "transformative use."
SUMMARY: 32ND SESSION OF WIPO'S COPYRIGHT COMMITTEE

URL: https://www.youtube.com/watch?v=bvxbLkG71Y8
Michele Woods, Director of WIPO's Copyright Law Division and the Secretary of WIPO's
Standing Committee on Copyright and Related Rights (SCCR), gives a brief summary of the
official business that occurred during the 32nd session, held May 9 to May 13, 2016, in Geneva.
- 382 -
Meeting homepage & documents:

http://www.wipo.int/meetings/en/details.jsp?meeting_id=39323 More about the SCCR:
http://www.wipo.int/policy/en/sccr/
SUN'S HEAD OF JAVA SALES: ANDROID WAS "DEVASTATING"

URL: http://arstechnica.com/tech-policy/2016/05/suns-head-of-java-sales-android-was-
devastating/
Oracle put two former Sun Microsystems executives on the stand today to testify about how
Google's Android hurt the market for Java licensing to phones.
A FAMOUS MURDER MYSTERY COMES UP IN GRAFFITI ARTIST'S LAWSUIT OVER

KATY PERRY'S MET GALA DRESS
URL: http://www.hollywoodreporter.com/thr-esq/a-famous-murder-mystery-comes-895454
Does "illegal" art get copyright protection?
APACHE E-MAILS, SHOWN IN COURT, SAY ANDROID "RIPPED OFF" ORACLE IP

URL: http://arstechnica.com/tech-policy/2016/05/apache-e-mails-shown-in-court-say-android-
ripped-off-oracle-ip/
Lawyers for Oracle Corporation summoned a hostile witness to the stand today here in federal
court, revealing what they surely hope will be a "smoking gun" e-mail in their copyright
infringement case against Google.
ORACLE ECONOMIST: ANDROID STOLE JAVA'S "WINDOW OF OPPORTUNITY"

URL: http://arstechnica.com/tech-policy/2016/05/oracle-economist-android-stole-javas-window-
of-opportunity/
An economist hired by Oracle was sworn in and took the stand in federal court today, opining
that Google's use of Java APIs in Android shouldn't be considered "fair use."
- 383 -
Joshua L. Simmons
POP ARTIST SETTLES SUIT OVER APPLE ADS

Miami-based pop artist Romero Britto has agreed to drop a lawsuit accusing Apple Inc. of using
his colorful art in an ad campaign without permission, according to court documents filed
Wednesday.
GA., NONPROFIT WANT FINAL RULING ON STATE CODE COPYRIGHTS

The battle over whether the state of Georgia can claim copyright ownership of its annotated legal
codes is nearing a head, as both sides filed strongly worded motions Tuesday for a final ruling in
their favor.
CERTAIN PROVISIONS OF CALIFORNIA RESALE ROYALTY ACT ARE PREEMPTED

BY THE COPYRIGHT ACT
via Intellectual Property, Patent, Trademark & Copyright News by Matt S. Kiel & Ian A. Stewart
on 5/18/2016
URL: http://www.natlawreview.com/article/certain-provisions-california-resale-royalty-act-are-
preempted-copyright-act
On April 11, 2016, in Estate of Robert Graham, et al. v. Sotheby's, Inc., D.C. No. 2:11-cv-08604-
MWF-FFM (C.D. Cal. 2016), U.S. District Court Judge Michael Fitzgerald concluded that
certain provisions of the California Resale Royalty Act (CRRA) are preempted by the Copyright
Act of 1976.
USITC FINDS TPP BENEFITS US ECONOMY, BUT MAYBE NOT JOBS; UNCLEAR ON
IP RIGHTS
URL: http://www.ip-watch.org/2016/05/19/usitc-finds-tpp-benefits-us-economy-but-maybe-not-
jobs-unclear-on-ip-rights/
The United States International Trade Commission (ITC), an independent government agency,
today released an 800-page analysis of the economic impact of the Trans-Pacific Partnership
(TPP) Agreement completed last year. The USITC report on the TPP is available here [large
pdf]. The TPP was completed on 5 October 2015 by the US Trade Representative's office, along
[...]
- 384 -
COPYRIGHT ON A USEFUL ARTICLE

via Concurring Opinions by Gerard Magliocca on 5/18/2016
URL: http://concurringopinions.com/archives/2016/05/copyright-on-a-useful-article.html
I want to discuss a major copyright case that the Court added to its docket for the Fall. The
question presented in Star Athletica, LLC v. Varsity Brands, Inc. is "What is the appropriate test
to determine when a feature of a useful article is protectable under section 101 of the Copyright
Act?"
IS GOOGLE SIMPLY ABOVE THE LAW?

URL: http://illusionofmore.com/google-simply-law/
Increasingly, in the United States, the answer to that question seems to be yes. As Exhibit A, I
offer this latest anecdote from Ellen Seidler at VoxIndie, who describes the experience of one
indie film distributor who found an entire ... Continue reading ?
LARRY PAGE DEFENDS GOOGLE'S USE OF JAVA IN TRIAL AGAINST ORACLE

URL: http://fortune.com/2016/05/19/larry-page-google-android-oracle/
In a retrial at San Francisco federal court, Oracle has claimed Google's Android smartphone
operating system violated its copyright on parts of Java, ...
CEO LARRY PAGE DEFENDS GOOGLE ON THE STAND: "DECLARING CODE IS NOT
CODE"
URL: http://arstechnica.com/tech-policy/2016/05/ceo-larry-page-defends-google-on-the-stand-
declaring-code-is-not-code/
Google co-founder and CEO Larry Page speaks during a news conference at the Google offices
on May 21, 2012 in New York City.
DISNEY URGES 9TH CIRC. TO REJECT 'PIRATES' COPYRIGHT CLAIM

via Law360: Intellectual Property by Brian Anmaral on 5/19/2016
Walt Disney Co. urged the Ninth Circuit Wednesday to uphold the dismissal of a Florida man's
copyright suit alleging he was the brain behind the "Pirates of the Caribbean" film series,
portraying the writer as a marauding and obsessive litigant bent on plundering from others what
is not rightfully his.
- 385 -
Joshua L. Simmons
ORACLE V. GOOGLE DRAWS TO A CLOSE, JURY SENT HOME UNTIL NEXT WEEK
URL: http://arstechnica.com/tech-policy/2016/05/oracle-v-google-draws-to-a-close-jury-sent-
home-until-next-week/
Presentation of evidence in the Oracle v. Google trial ended today, and US District Judge
William Alsup has sent the jury home for a long weekend. On Monday, the jury will come back
to hear closing arguments and then begin their deliberations.
BAIUL'S ATTY SANCTIONED OVER 'FRIVOLOUS' NBC SUIT

via Law360: Intellectual Property by Daniel Wilson on 5/19/2016
An attorney for former Olympic champion figure skater Oksana Baiul was hit with a $50,000
sanctions order Thursday, after a New York federal judge ruled he had helped Baiul continue her
royalty dispute against NBCUniversal, related to a 1994 television special, despite knowing the
case was frivolous.
GOOGLE CAN'T GET REHEARING IN 5TH CIRC. ROW WITH MISS. AG

Google Inc. on Wednesday lost its bid to persuade the Fifth Circuit to reconsider its decision
nixing an injunction against the attorney general of Mississippi over a subpoena hinting at
violations of pharmaceutical and movie piracy laws on YouTube.
ORACLE-GOOGLE DISPUTE GOES TO HEART OF OPEN-SOURCE SOFTWARE

via N.Y. Times by Quentin Hardy on 5/19/2016
URL: http://www.nytimes.com/2016/05/20/technology/oracle-google-dispute-goes-to-heart-of-
open-source-software.html
Oracle says Google, the search giant, uses copyrighted material in 11,000 of its 13 million lines
of software code in Android, and wants $9 billion from ...
- 386 -
UNDER OATH, LARRY PAGE DISPUTES THAT ANDROID IS A $43 BILLION

BUSINESS FOR GOOGLE
via Business Insider by Julie Bort on 5/19/2016
URL: http://www.businessinsider.com/under-oath-larry-page-disputes-android-revenues-
estimate-2016-5
Google argued that APIs shouldn't be subject to copyright law. A jury ... the bits of code were
indeed copyrighted, owned by Sun and needed licenses.
SEGGIE V. ROOFDOG GAMES INC.: WHO IS THE AUTHOR OF VIDEOGAME

SOFTWARE FOR COPYRIGHT PURPOSES?
via Lexology by Michael Shortt & Oliver Provost-Cao on 5/19/2016
URL: http://www.lexology.com/library/detail.aspx?g=e228ff00-d5ad-49f1-b89e-9fa60cc8b713
Roofdog Games Inc.[1], in which it attempted to clarify the notion of co-authorship (and by
implication, copyright ownership) of a videogame. This case ...
ORACLE TEAM TESTED BY TIME LIMITS AS TRIAL WRAPS

URL: http://www.law.com/sites/articles/2016/05/19/oracle-team-tested-by-time-limits-as-trial-
wraps/
Google's lead lawyer, Robert Van Nest, went into the last day of testimony with more than two
hours on the clock, while Oracle's lawyers had just 54 minutes.
FLO & EDDIE TAKE THEIR COPYRIGHT CASE AGAINST SIRIUS XM TO 11TH
CIRCUIT
via Reuters by Barbara Grzincic on 5/20/2016
URL: http://www.reuters.com/article/ip-sirius-11th-cir-idUSL2N18H09G
After losing companion cases in New York and California, Sirius XM Radio will ask a federal
appeals court on Friday to uphold its win in Florida, ...
NINTENDO ISSUES COPYRIGHT CLAIMS ON MARIO-THEMED MINECRAFT VIDEOS

URL: http://arstechnica.com/gaming/2016/05/nintendo-issues-copyright-claims-on-mario-
themed-minecraft-videos/
The Minecraft community is one of the most video-centric gaming groups online, with hundreds
of thousands of players routinely streaming and sharing gameplay and mods through YouTube
and Twitch without issue. Nintendo, on the other hand, is one of the most restrictive game
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publishers with video, with a history of taking videos of its games offline, threatening to shut
down livestreamed tournaments, and problems sharing ad revenue with video creators.
'HAPPY BIRTHDAY': JOURNEY TO THE PUBLIC DOMAIN

via Law360: Intellectual Property by Tamara Kurtzman on 5/20/2016
With a landmark class action settlement scheduled to be approved next month, the iconic song
that has ushered in birthdays of everyone from royalty and presidents to citizens and children
alike will - for the first time in over 100 years - undisputedly fall in the public domain. The
return of "Happy Birthday to You" to the public domain is unquestionably a resounding victory
against ever-increasing false copyright claims, says Tamara Kurtzman of TMK Law.
FIGHTING FOR THE FUTURE BY MISREPRESENTING THE PAST

via Copyright Alliance by Keith Kupferschid on 5/20/2016
URL: https://copyrightalliance.org/2016/05/fighting_future_misrepresenting_past
It's generally well known by those following copyright issues, that the U.S. Copyright Office is
engaged in a study of Section 512 of the Digital Millennium Copyright Act (DMCA), the
provisions of the Copyright Act that provide for (among other things) the notice and takedown
process and Online Service Provider (OSP) safe harbors.
KANYE WEST NAMED IN $2.5 MILLION COPYRIGHT INFRINGEMENT SUIT OVER

"NEW SLAVES"
URL: http://www.thefashionlaw.com/home/kanye-west-named-in-25-million-copyright-
infringement-suit-over-new-slaves
Kanye West has been named in a $2.5 million dollar copyright infringement in connection with
his 2013 song, "New Slaves." According to a complaint, ...
KANYE, JAY Z SLAM 'MADE IN AMERICA' IP SUIT AT 2ND CIRC.

via Law360: Intellectual Property by Melissa Daniels on 5/20/2016
Kanye West and Jay Z asked the Second Circuit on Thursday to affirm a lower court decision
dismissing copyright infringement claims over their song "Made in America," saying it has no
protectable similarities with a song of the same name by Joel McDonald.
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KANYE WEST HIT WITH $2.5M COPYRIGHT SUIT OVER 'NEW SLAVES'
A Hungarian musician lodged a copyright infringement suit against Kanye West in New York
federal court Friday, saying the music superstar tried to force him into a licensing deal for his
1969 song that was sampled by West for his 2013 hit "New Slaves."
BRITISH ARTISTS GET RECORD 17.1% MARKET SHARE, STEP UP FIGHT ON

YOUTUBE
via Forbes by Mark Beech on 5/21/16
URL: http://www.forbes.com/sites/markbeech/2016/05/21/british-artists-get-record-17-1-market-
share-step-up-fight-on-youtube/
As British artists achieve a record 17.1% global market share, record bosses have joined the fight
against YouTube for not paying enough.
GOOGLE'S 'FAIR USE' DEFENSE AGAINST ORACLE IS AN INSULT TO HUMAN

INTELLIGENCE: ANDROID'S USE OF JAVA APIS VIOLATES COPYRIGHT
via Foss Patents by Florian Mueller on 5/23/16
URL: http://www.fosspatents.com/2016/05/googles-fair-use-defense-against-oracle.html
There's a whole lot of doomsday stories out there on the Internet about Oracle v. Google, the
Android-Java copyright case.
A LITTLE UNDERSTANDING MOTIVATES COPYRIGHT ABUSERS TO PAY UP

via Forbes by Michael Blanding on 5/23/2016
URL: http://www.forbes.com/sites/hbsworkingknowledge/2016/05/23/a-little-understanding-
motivates-copyright-abusers-to-pay-up/
By Michael Blanding. Obtaining an image from the Internet is as easy as right-clicking and
downloading. We've all done it-or, ahem, know someone ...
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GOOGLE'S CLOSING ARGUMENT: ANDROID WAS BUILT FROM SCRATCH, THE

FAIR WAY
URL: http://arstechnica.com/tech-policy/2016/05/googles-closing-argument-android-was-built-
from-scratch-the-fair-way/
Google attorney Robert Van Nest made his closing argument to a panel of jurors here today,
asking them to clear Android of copyright infringement allegations as a matter of "fairness and
fair use."
ORACLE AND GOOGLE MAKE FINAL PITCHES TO THE JURY IN RETRIAL

URL: http://fortune.com/2016/05/23/oracle-google-closing-arguments/
In a retrial in federal court in San Francisco, Oracle has claimed Google's Android smartphone
operating system violated its copyright on parts of Java, ...
INTA 2016: CAN EMOJIS BE PROTECTED BY COPYRIGHT?

via WIPR on 5/23/2016
URL: http://www.worldipreview.com/news/inta-2016-can-emojis-be-protected-by-copyright-
10159
It's unclear whether emojis can be protected by copyright but there may be a thin level of
protection, the International Trademark Association's (INTA) ...
ORACLE SLAMS GOOGLE TO JURY: "YOU DON'T TAKE PEOPLE'S PROPERTY"

URL: http://arstechnica.com/tech-policy/2016/05/oracle-slams-google-to-jury-you-dont-take-
peoples-property/
Oracle's copyright lawsuit is all about one "very simple rule," the company's attorney told a jury
today.
CBS, PARAMOUNT SEEK PEACE IN 'STAR TREK' COPYRIGHT SUIT

CBS Studios confirmed Monday that they are in talks to drop a controversial copyright lawsuit it
filed against fans producing an unauthorized "Star Trek" film - days after series producer J.J.
Abrams said the suit was "not an appropriate way to deal with the fans."
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IN ORACLE VS. GOOGLE RETRIAL, LAWYERS MAKE FINAL PITCHES TO JURY

via Reuters by Dan Levine on 5/23/2016
URL: http://www.reuters.com/article/us-oracle-alphabet-trial-idUSKCN0YE23U
In a retrial at U.S. District Court in San Francisco, Oracle Corp has claimed Google's Android
smartphone operating system violated its copyright on ...
STAR TREK BEYOND' DIRECTOR PUSHED STUDIOS TO DROP LAWSUIT OVER FAN
FILM
URL: http://www.hollywoodreporter.com/thr-esq/star-trek-beyond-director-pushed-896740
A happy ending is in store for the filmmakers behind 'Axanar.'
ORACLE, GOOGLE GIVE CLOSING ARGUMENTS IN JAVA API COPYRIGHT CASE

via ZDNet by Stephanie Condon on 5/23/2016
URL: http://www.zdnet.com/article/oracle-google-give-closing-arguments-in-java-api-copyright-
case/
When Google used 37 Java API packages to build the Android operating system a decade ago,
did it use "open and free" tools to build a ...
ORACLE SUED GOOGLE OVER A HAMBURGER, JAVA-ANDROID JURY TOLD

via Bloomberg by Joel Rosenblatt on 5/23/2016
URL: http://www.bloomberg.com/news/articles/2016-05-23/oracle-sued-google-over-a-
hamburger-java-trial-jury-told
U.S. District Judge William Alsup has told the jury it's already been established that the Internet
giant infringed Oracle's copyrights on the code.
A COPYRIGHT CONTROVERSY: THE GIANT RUBBER DUCKY IS BACK

URL: http://hughstephensblog.net/2016/05/23/a-copyright-controversy-the-giant-rubber-ducky-
is-back
There is no ducking it.
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Joshua L. Simmons
GOOGLE AND ORACLE'S ANDROID COPYRIGHT FIGHT IS UP TO A JURY NOW

URL: http://www.itworld.com/article/3074415/google-and-oracles-android-copyright-fight-is-
up-to-a-jury-now.html
Oracle and Google's fierce court fight over the code inside Android went to a jury on Monday
after closing arguments that sharply differed on the most basic issues.
ORACLE, GOOGLE LAWYERS DELIVER CLOSINGS IN COPYRIGHT TRIAL

URL: http://www.therecorder.com/litigation-news/id=1202758462501/Oracle-Google-Lawyers-
Deliver-Closings-in-Copyright-Trial
The jury heard closing arguments from two veteran trial lawyers Monday in the blockbuster
copyright trial between Oracle Corp.
FIFIELD DISMISSES COPYRIGHT ACT AMENDMENT RECOMMENDATION

URL: http://www.zdnet.com/article/fifield-dismisses-copyright-act-amendment-
recommendation/
"Recently, it has been wrongly claimed that the government is planning to reduce the life of
copyright to 15 to 25 years after creation, rather than 70 ...
A STRANGE ANECDOTE OF DMCA ABUSE?

URL: http://illusionofmore.com/strange-anecdote-dmca-abuse/
I was told by a colleague who attended the Section 512 round tables in San Francisco that a
consistent response from representatives of the OSPs was that anecdotes about harm to rights
holders from piracy or YouTube-style infringement are not ...
AUTHOR DOES NOT PREVAIL ON SUMMARY JUDGMENT MOTION AGAINST

AMAZON.COM RELATED TO BOOK SALES
via PennRecord by Nicholas Malfitano on 5/24/2016
URL: http://pennrecord.com/stories/510740875-author-does-not-prevail-on-summary-judgment-
motion-against-amazon-com-related-to-book-sales
In April 2014, Carlin filed the instant complaint against Bezos and Amazon.com (Amazon),
including a single count of copyright infringement.
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ONE DOES NOT SIMPLY MONOPOLISE A PUN

via Lexology by Nick Tobias on 5/24/2016
URL: http://www.lexology.com/library/detail.aspx?g=57ea61db-bc63-432c-ba24-f2d0d82e76c9
Cotton On, however, recently commenced selling clothing with those same words (below).
Gorski commenced proceedings for copyright infringement ...
LED ZEPPELIN SAYS 'STAIRWAY TO HEAVEN' ADVERSARY TRYING TO TAINT

JURY POOL
URL: http://www.hollywoodreporter.com/thr-esq/led-zeppelin-says-stairway-heaven-897096
The band's attorney ridicules the "misrepresentation" that defendants won't be at the June 14
trial.
GOOGLE-ORACLE JURY DELIBERATIONS DELAYED BY TECH PROBLEMS

via Law360: Intellectual Property by Dorothy Atkins on 5/24/2016
Deliberations in Oracle's $8.8 billion trial over Google's use of copyrighted Java software code in
the Android operating system were delayed when jurors couldn't access digital evidence files on
Tuesday in California federal court.
COPYRIGHT HOLDERS SAY MUSIC PLAYED WITHOUT LICENSE OR PERMISSION

via PennRecord on 5/24/2016
URL: http://pennrecord.com/stories/510725061-copyright-holders-say-music-played-without-
license-or-permission
The plaintiffs request a trial by jury and seek an order enjoining and restraining defendants from
infringing copyrighted musical compositions licensed ...
NEW ZEALAND'S TPPA AMENDMENT BILL: FURTHER COPYRIGHT LAW

AMENDMENTS
via Lexology by Paul Johns et al. on 5/25/2016
URL: http://www.lexology.com/library/detail.aspx?g=a53ddef2-5006-4537-88fd-2e3606cf5abd
The Trans-Pacific Partnership Agreement ("TPPA") Amendment Bill was read for the first time
in Parliament on 12 May 2016. This week, Baldwins will ...
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Joshua L. Simmons
STATUTORY DAMAGES ARE A VITAL PART OF THE COPYRIGHT SYSTEM

via The Hill by George S. Ford on 5/25/2016
URL: http://thehill.com/blogs/pundits-blog/technology/281166-statutory-damages-are-a-vital-
part-of-the-copyright-system
Earlier this year, the Internet Policy Task Force (IPTF) of the Department of Commerce issued
its "White Paper on Remixes, First Sale, and Statutory ...
EUROPEAN COMMISSION FLOATS BROAD PACKAGE OF REFORMS FOR DIGITAL

SINGLE MARKET
URL: http://www.ip-watch.org/2016/05/25/european-commission-floats-broad-package-of-
reforms-for-digital-single-market/
The European Commission today unveiled a raft of strategies aimed at boosting the European
Digital Single Market (DSM). Among them, the EC rejected the idea of imposing one-size-fits-
all rules on online platforms but said it will consider sector-specific regulation to address specific
problems relating to such platforms, including in the area of copyright.
LED ZEPPELIN GOING TO CALIFORNIA FOR 'STAIRWAY' IP ROW

Led Zeppelin on Tuesday slammed a bid to compel the band members' attendance at an
upcoming trial in California federal court over alleged copyright infringement concerning their
famous song "Stairway to Heaven," labeling it a "PR stunt in the hope of tainting the jury pool,"
as they've said they'll be there.
HOW ORACLE MADE ITS CASE AGAINST GOOGLE, IN PICTURES

URL: http://arstechnica.com/tech-policy/2016/05/how-oracle-made-its-case-against-google-in-
pictures/
Oracle's lawyers have made their final pitch to paint Google as a copyright outlaw, and the
decision is now up to a 10-person jury.
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GOOGLE, ORACLE TANGLE OVER 2ND PHASE AS JURY DELIBERATES

via Law360: Intellectual Property by Dorothy Atkins on 5/25/2016
As a California federal jury entered its third day of deliberating whether Google's Android
operating system infringes Oracle's copyrighted Java code, the tech titans sparred Wednesday
over whether the jury should decide if any such infringement was willful in a possible second
phase of the trial.
MUSIC BODIES WELCOME EUROPEAN COMMISSION PLEDGE TO TACKLE 'VALUE

GAP' AND CREATE 'LEVEL ...
URL: http://www.billboard.com/articles/business/7385185/european-commission-pledge-value-
gap
Dr Harald Heker, CEO of German collecting society GEMA, also welcomed the EC's
commitment to pursue a fairer allocation of value from copyright ...
FIVE UNEXPECTED LESSONS FROM ORACLE V. GOOGLE

URL: http://www.law.com/sites/articles/2016/05/24/five-unexpected-lessons-from-oracle-v-
google/
The companies copyright showdown may be a repeat but it still provided some fresh material.
FAIR USE IN THE AGE OF SOCIAL MEDIA

via Forbes by Oliver Herzfeld on 5/26/2016
URL: http://www.forbes.com/sites/oliverherzfeld/2016/05/26/fair-use-in-the-age-of-social-
media/
Courts have long recognized the need for such a defense because not every act that might violate
an owner's copyrights should amount to an ...
GOOGLE BEATS ORACLE-ANDROID MAKES "FAIR USE" OF JAVA APIS

URL: http://arstechnica.com/tech-policy/2016/05/google-wins-trial-against-oracle-as-jury-finds-
android-is-fair-use/
Following a two-week trial, a jury has found that Google's Android operating system does not
infringe Oracle-owned copyrights because its re-implementation of 37 Java APIs is protected by
"fair use."
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Joshua L. Simmons
ORACLE V. GOOGLE: JURY FINDS IN FAVOR OF "FAIR USE," AS NO REASONABLE,

PROPERLY-INSTRUCTED JURY COULD HAVE
URL: http://www.fosspatents.com/2016/05/oracle-v-google-jury-finds-in-favor-of.html
Courtroom tweeters in San Francisco have just reported that the Oracle v. Google retrial jury has
found in favor of Google, i.e., has determined that Android's use of the declaring code and
structure, sequence and organization of 37 Java APIs is "fair use."
GOOGLE BEATS ORACLE'S $9B COPYRIGHT SUIT WITH FAIR USE WIN
Google won a high-profile jury verdict Thursday that its use of Oracle's copyrighted Java
software code in its Android mobile operating system was protected by the fair use doctrine,
clearing the company of liability that could have reached $8.8 billion.
SINGER HITS JUSTIN BIEBER WITH COPYRIGHT SUIT OVER 'SORRY'

A singer-songwriter named Casey Dienel is claiming Justin Bieber copied the core of his smash
hit "Sorry" from one of her songs, according to copyright infringement lawsuit filed Thursday.
POPULAR YOUTUBERS H3H3 PRODUCTIONS PREPARE TO DEFEND FAIR USE IN

LAWSUIT
via Forbes by Fruzsina Eordogh on 5/26/2016
URL: http://www.forbes.com/sites/fruzsinaeordogh/2016/05/26/popular-youtubers-h3h3-
productions-prepare-to-defend-fair-use-in-lawsuit/
One of YouTube's favorite married couples, Ethan and Hila Klein of h3h3 Productions, is being
sued over alleged copyright infringement over a ...
GOOGLE WINS SIX-YEAR LEGAL BATTLE WITH ORACLE OVER ANDROID CODE
COPYRIGHT
via The Guardian by Nicky Woolf on 5/26/2016
URL: https://www.theguardian.com/technology/2016/may/26/google-wins-copyright-lawsuit-
oracle-java-code
The jury decided that Google's use of Java in its application programming interface (API) did not
infringe on patents and copyrights held by Oracle.
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GOOGLE WINS JAVA COPYRIGHT CASE AGAINST ORACLE

via WSJ.com: WSJD by Jack Nicas on 5/26/2016
URL: http://www.wsj.com/articles/google-wins-java-copyright-case-against-oracle-1464294647
A federal jury here ruled that Google's use of Oracle Corp.'s Java software didn't violate
copyright law, the latest twist in a six-year legal battle between the two Silicon Valley titans.
GOOGLE WINS $9 BILLION ANDROID COPYRIGHT CASE

via Forbes by Brian Solomon on 5/26/2016
URL: http://www.forbes.com/sites/briansolomon/2016/05/26/google-wins-9-billion-android-
copyright-case/
After years in court, Google finally prevailed over Oracle-and saved itself $9 billion in claimed
damages. On Thursday, after four days of jury ...
ORACLE GC VOWS TO APPEAL GOOGLE WIN IN ANDROID CASE

URL: http://www.law.com/sites/articles/2016/05/26/google-defeats-oracle-in-9-billion-
copyright-case/
The company's lawyers at Orrick, Herrington & Sutcliffe were on the losing end of a jury verdict
Thursday finding Google's use of Java APIs protected as fair use.
GOOGLE BEATS ORACLE COPYRIGHT CASE

via Bloomberg on 5/26/2016
URL: http://www.bloomberg.com/news/videos/2016-05-27/google-beats-oracle-copyright-case
Bob O'Donnell, president and chief analyst at Technalysis Research, discusses the copyright
lawsuit between Google and Oracle, the outlook for ...
THOUGHTS ON GOOGLE'S FAIR USE WIN IN ORACLE V. GOOGLE

via Written Description by Michael Risch on 5/27/2016
URL: http://writtendescription.blogspot.com/2016/05/thoughts-on-googles-fair-use-win-in.html
It seems like I write a blog post about Oracle v. Google every two years.
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Joshua L. Simmons
SUPREME COURT CERT: LACHES (IN PATENT CASES) AND COPYRIGHTABLE

SUBJECT MATTER TO BE REVIEWED
via Intellectual Property, Patent, Trademark & Copyright News by Paul Devinsky on 5/27/2016
URL: http://www.natlawreview.com/article/supreme-court-cert-laches-patent-cases-and-
copyrightable-subject-matter-to-be
The Supreme Court of the United States granted certiorari to review a patent case on the law of
laches. SCA Hygiene Products v. First Quality Baby Products, Case No. 15-927 (Supr. Ct., May
2, 2016).
COPYRIGHT CLAIM ACCRUES WHEN OWNERSHIP DISPUTE BECOMES EXPLICIT

via Intellectual Property, Patent, Trademark & Copyright News by Ulrika E. Mattsson on
5/27/2016
URL: http://www.natlawreview.com/article/copyright-claim-accrues-when-ownership-dispute-
becomes-explicit
The US Court of Appeals for the Seventh Circuit concluded that a company's attempt to regain
ownership of the copyright in marketing materials it had been hired to create was not timely
under the Copyright Act or under California contract rules, and that a claim for copyright
ownership only accrues when a dispute over ownership becomes "explicit." Consumer Health
Information Corp. v. Amylin Pharmaceuticals, Inc., Case No. 14-3231 (7th Cir., Apr. 15, 2016)
(Sykes, J).
INSURER SAYS IT OWES NOTHING TOWARD DISH COPYRIGHT SUITS

via Law360: Intellectual Property by Steven Trader on 5/27/2016
Ace American Insurance Co. says it owes no repayment to Dish Network for any money the
satcaster spent hashing out numerous copyright battles with television broadcasters over its ad-
skipping, place-shifting Hopper DVR, according to a complaint filed in Colorado federal court
on Thursday.
EVEN AFTER GOOGLE'S TRIAL VICTORY, LONG FIGHT STILL AHEAD

With a Thursday jury verdict that Google's use of Oracle's copyrighted Java software code was
protected by the fair use doctrine, the tech giant and its supporters won a huge battle, but the war
is far from over.
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OP-ED: ORACLE ATTORNEY SAYS GOOGLE'S COURT VICTORY MIGHT KILL THE
GPL
via Ars Technica on 5/27/2016
URL: http://arstechnica.com/tech-policy/2016/05/op-ed-oracle-attorney-says-googles-court-
victory-might-kill-the-gpl/
The developer community may be celebrating today what it perceives as a victory in Oracle v.
Google.
SIXTH CIRCUIT RULES IN FAVOR OF SONGWRITER'S HEIRS IN COPYRIGHT

TERMINATION DECISION IN JACKSON BRUMLEY ET AL. V. ALBERT BRUMLEY &
SONS INC. ET AL.
via Intellectual Property, Patent, Trademark & Copyright News by Richard M. Hanna on
5/27/2016
URL: http://www.natlawreview.com/article/sixth-circuit-rules-favor-songwriter-s-heirs-
copyright-termination-decision-jackson
In its May 16, 2016 decision in Jackson Brumley et al. v. Albert Brumley & Sons Inc.
BEASTIE BOYS FIGHT FOR THEIR RIGHT TO ATTY FEES IN IP ROW

via Intellectual Property Law360 by Melissa Daniels on 5/27/2016
Attorneys for rap group the Beastie Boys argued in New York federal court on Thursday that a
small record label is on the hook for $845,000 in attorneys' fees, saying that the label is
responsible for its "baseless" claims that the group violated copyright laws with samples from a
funk group's songs.
HANDICAPPING THE GOOGACLE APPEAL

URL: http://www.law.com/sites/articles/2016/05/27/handicapping-the-googacle-appeal/
What Oracle can argue, and why it might work.
REIMAGINING THE COPYRIGHT BOARD - MY ALAI PRESENTATION

via Barry Sookman on 5/29/2016
URL: http://www.barrysookman.com/2016/05/29/reimagining-the-copyright-board-my-alai-
presentation/
I had the pleasure of attending ALAI's symposium this week on The Copyright Board of Canada:
Which Way Ahead. I was on a panel titled "Reimagining the Copyright Board" along with Ariel
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Joshua L. Simmons
Katz, Howard Knopf, Adriane Porcin, and Judge David Strickler of the U.S. Copyright Royalty
Board.
WHAT THE GOOGLE FAIR USE DECISION MEANS FOR DEVELOPERS

via Intellectual Property Law360 by Eric C. Kane & Susanna P. Lichter on 5/31/2016
The California federal jury's decision last week in Oracle v. Google is likely a relief to
developers who risk a lawsuit when they fail to negotiate a potentially costly license. But while
the case may decide the future of software development, for the time being there is no profound
change, say Erik Kane and Susanna Lichter of Kenyon & Kenyon LLP.
KRAFTWERK LOSES HIP-HOP MUSIC-SAMPLING COPYRIGHT CASE

via Ars Technica by Jennifer Baker on 5/31/2016
URL: http://arstechnica.com/tech-policy/2016/05/kraftwerk-loses-hip-hop-music-sampling-
copyright-case-at-german-supreme-court/
After a decades-long battle, the Bundesverfassungsgericht (the supreme German Constitutional

Court) has overturned a ban on a song that used a two-second sample of a Kraftwerk recording.
MUSIC WORLD BANDS TOGETHER AGAINST YOUTUBE, SEEKING CHANGE TO

LAW
URL: http://www.nytimes.com/2016/06/01/business/media/music-world-bands-together-against-
youtube-seeking-change-to-law.html
The industry has asked the government to modify the Digital Millennium Copyright Act, saying
it is outdated and makes removing unauthorized content too difficult.
NBA 2K' MAKERS SAY TATTOO CO. NOT ENTITLED TO DAMAGES

The makers of basketball video game series "NBA 2K" told a New York federal court Friday
that a tattoo licensing company suing over depictions of NBA stars' tattoos in their games is not
entitled to statutory damages because the works were featured in games before they were
registered.
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FIR AGAINST NOVOTEL HOTEL FOR VIOLATING MUSIC COPYRIGHT

via The Hindu by Guatam S. Mengle on 5/31/2016
URL: http://www.thehindu.com/news/cities/mumbai/news/fir-against-novotel-hotel-for-
violating-music-copyright/article8675458.ece
The police have registered an FIR against the Novotel Hotel in Juhu for allegedly violating
copyright laws by playing Bollywood movie songs without ...
DESIGN OWNER ACCUSES BUILDERS OF COPYRIGHT INFRINGEMENT

via LousianaRecord on 5/31/2016
URL: http://louisianarecord.com/stories/510758969-design-owner-accuses-builders-of-
LaSalle School seeks a trial by jury, a finding the defendants have infringed the copyrights in it
1107 Webster Design and 1111 Webster Design, ...
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Joshua L. Simmons
June 2016
BALANCE IN COPYRIGHT
URL: http://www.copyhype.com/2016/06/balance-in-copyright/
Everybody says we should strive for balance in copyright law. Indeed, who is against balance in
principle?
CBS BEATS LAWSUIT OVER PRE-1972 SONGS WITH BOLD COPYRIGHT ARGUMENT
URL: http://www.hollywoodreporter.com/thr-esq/cbs-beats-lawsuit-pre-1972-898633
A judge determines that remastered versions of old songs get copyright - and owners of the
originals can't stop the public performance of them.
BIEBER IS RIGHT NOT TO BE 'SORRY' ABOUT THIS COPYRIGHT LAWSUIT

URL: http://fortune.com/2016/06/01/bieber-copyright/
But when it comes to this copyright lawsuit, we should all have his back. ... Plaintiff of the
benefit of her exclusive right to ... her copyrighted works.".
CBS BEATS PRE-1972 COPYRIGHT CASE WITH 'REMASTER' ARGUMENT

A California federal judge on Tuesday tossed out a class action claiming CBS must start paying
royalties for so-called pre-1972 recordings it plays on the radio, siding with the company's novel
argument that "remastered" versions of old tracks aren't even pre-1972 songs in the first place.
UPDATE TO DIGITAL MILLENNIUM COPYRIGHT ACT LONG OVERDUE

URL: http://voxindie.org/update-to-dmca-long-overdue/
Momentum is building for changes to the DMCA that will better protect creators Content
creators from all walks of life are coalescing around the need to update copyright law to protect
their work against theft in digital age. A piece in yesterday's NY Times, Music World Bands
Together Against YouTube, Seeking Change to Law, is the latest to highlight growing calls by
[...]
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CBS WINS FIGHT OVER RIGHTS TO PLAY OLDIES

via Law.com - Newswire by Amanda Bronstad on 6/1/2016
URL: http://www.law.com/sites/articles/2016/06/01/cbs-wins-fight-over-rights-to-play-oldies/
CBS has amped up the fight over sound recordings made prior to 1972 with a rare win in
California. A federal judge in the Central District of California granted summary judgment on
Monday in a case brought by four recording companies asserting rights over 174 sample song
recordings, including "All I Have To Do Is Dream" by the Everly Brothers and Mahalia
Jackson's "Go Tell It on the Mountain."
FIRST AMENDMENT ADVOCATES ATTACK CA BILL TO COPYRIGHT PUBLIC

WORKS
via Courthouse News Service by Nick Cahill on 6/1/2016
URL: http://www.courthousenews.com/2016/06/01/first-amendment-advocates-assail-california-
bill-to-copyright-public-works.htm
A bill giving California a copyright in records ... at all into the way copyrights are formed or
attached under the federal law."
YOUTUBERS' COPYRIGHT CONFLICT SHOWS WHY FAIR USE ISN'T THE SHIELD
SOME THINK IT IS
URL: http://www.bna.com/youtubers-copyright-conflict-b57982073412/
YouTuber couple Ethan and Hila Klein, the operators of H3H3Productions, have come up
against a fair use problem based on their commentary on ...
MADONNA GETS VICTORY OVER 'VOGUE' SAMPLE AT APPEALS COURT

URL: http://www.hollywoodreporter.com/thr-esq/madonna-gets-victory-vogue-sample-898944
The 9th Circuit rules that a trivial taking isn't enough to establish copyright infringement.
MADONNA BEATS COPYRIGHT SUIT OVER SONG SAMPLE AT 9TH CIRC.

The Ninth Circuit on Thursday shot down a copyright lawsuit against Madonna over a split-
second music sample she used in her 1990 hit "Vogue," expressly rejecting a controversial earlier
ruling that declared all unauthorized sampling illegal.
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Joshua L. Simmons
HOW ORACLE'S FANCIFUL HISTORY OF THE SMARTPHONE FAILED AT TRIAL

URL: http://arstechnica.com/tech-policy/2016/06/how-oracles-fanciful-history-of-the-
smartphone-failed-at-trial/
Like the jury, I'm no expert.
GOOGLE'S FAIR USE VICTORY IS GOOD FOR OPEN SOURCE

via Ars Technica by Pamela Samuelson on 6/2/2016
URL: http://arstechnica.com/tech-policy/2016/06/googles-fair-use-victory-is-good-for-open-
source/
Oracle and Google have been fighting for six years about whether Google infringed copyright by
its use of 37 of the 166 packages that constitute the Java API in the Android software platform
for smart phones.
THE GOOGLE/ORACLE DECISION WAS BAD FOR COPYRIGHT AND BAD FOR
SOFTWARE
via Ars Technica by Peter Bright on 6/2/2016
URL: http://arstechnica.com/business/2016/06/the-googleoracle-decision-was-bad-for-copyright-
and-bad-for-software/
Oracle's long-running lawsuit against Google has raised two contentious questions. The first is
whether application programming interfaces (APIs) should be copyrightable at all.
CBS POINTS NY JUDGE TOWARD BIG WIN ON PRE-1972 COPYRIGHTS

CBS is already pushing a New York federal judge to take heed of a novel ruling in California
earlier this week that said the radio giant needn't pay royalties for so-called pre-1972 recordings
because "remastered" versions of the old tracks weren't even pre-1972 songs in the first place.
WHY ORACLE WILL WIN ITS JAVA COPYRIGHT CASE - AND WHY YOU'LL BE GLAD
WHEN IT DOES
URL: http://www.theregister.co.uk/2016/06/02/google_oracle_comment/
Comment Oracle will ultimately prevail in its Java copyright lawsuit against Google. And if
you're a free software developer or supporter, you should be ...
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MADONNA AND 'VOGUE' PRODUCER BEAT INFRINGEMENT APPEAL

URL: http://www.law.com/sites/articles/2016/06/02/madonna-and-vogue-producer-beat-
infringement-appeal/
In a win for Madonna and the producer of the dance hit "Vogue," a federal appeals court has
created a circuit split over a key issue in copyright infringement claims involving sound
recordings.
PROBLEMATIC COPYRIGHT PROVISIONS IN TPP

via Intellectual Property Law360 by Ciara N. Mittan & Andrew P. Bridges on 6/3/2016
While many of the Trans-Pacific Partnership's intellectual property provisions are consistent with
strong copyright provisions already in place in the U.S., a thorough examination reveals that the
TPP's treatment of copyright law is emphatically anti-innovation, say Ciara Mittan and Andrew
Bridges of Fenwick & West LLP.
DE MINIMIS MUSIC SAMPLING ISN'T INFRINGEMENT-SALSOUL V. MADONNA

URL: http://blog.ericgoldman.org/archives/2016/06/de-minimis-music-sampling-isnt-
infringement-salsoul-v-madonna.htm
There are several alternative tests for gauging "substantial similarity" in copyright cases.
9TH CIRCUIT STRIKES COPYRIGHT SUIT AGAINST...

via ABA Journal by Victor Li on 6/3/2016
URL:
http://www.abajournal.com/news/article/9th_circuit_strikes_copyright_suit_against_madonna_o
ver_horn_sample_in_vogu
Madonna was sued for plagiarism over her 1990 hit "Vogue." However, a federal appellate court
has sided with the Material Girl after finding that the ...
PUBLIC WORKS COPYRIGHT BILL ADVANCES IN CALIF. ASSEMBLY

The California Assembly on Thursday by a large majority passed a measure that would allow the
state government to obtain copyrights for materials that it creates, despite the Electronic Frontier
Foundation's claim that it could suppress the dissemination of government-funded works.
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Joshua L. Simmons
SPOTIFY SUED OVER NOTORIOUS B.I.G. IMAGE ON STREAMING SERVICE

URL: http://www.hollywoodreporter.com/thr-esq/spotify-sued-notorious-big-image-899527
Photographer Dana Lixenberg is claiming copyright infringement.
9TH CIRC. THROWS DOWN THE GAUNTLET ON MUSIC SAMPLING

In siding with Madonna on music sampling, the Ninth Circuit did more than just weigh in on the
legally murky issue. It forcefully repudiated existing case law that critics say has chilled
creativity, resulting in the kind of sharp circuit split that could take sampling to the U.S. Supreme
Court.
SHAKESPEARE WOULD THRIVE IN A WORLD WITH COPYRIGHT.

URL: http://illusionofmore.com/shakespeare-would-thrive-in-a-world-with-copyright/
I saw it again the other day. In a sarcastic tweet that flew by. A familiar theme. Without naming
names, it said something like this: As if creativity didn't exist before 1709. There was no
Shakespeare. For one thing, this is ...
LED ZEPPELIN'S 'STAIRWAY TO HEAVEN' TO BE SCRUTINIZED IN COURT IN

COPYRIGHT CASE
URL: http://www.nytimes.com/2016/06/06/business/media/led-zeppelins-stairway-to-heaven-to-
be-scrutinized-in-court-in-copyright-case.html
This case - in which a lawsuit claims that part of the classic hit was copied from "Taurus," a tune
by Spirit - is being watched as a test of the limits of copyright.
GUNS N' ROSES' AXL ROSE IS TRYING TO GET A 'FAT PHOTO' OFF THE INTERNET
via CNet by Aloysius Low on 6/5/2016
URL: http://www.cnet.com/news/guns-n-roses-axl-rose-is-trying-to-get-a-fat-photo-off-the-
internet/
Interestingly, the copyright for the original image is tricky. While TorrentFreak did hunt down
the original photographer to check if Axl Rose has the right ...
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HACKER LEXICON: WHAT IS THE DIGITAL MILLENNIUM COPYRIGHT ACT?

via Wired by Kim Zetter on 6/6/2016
URL: https://www.wired.com/2016/06/hacker-lexicon-digital-millennium-copyright-act/
The call for copyright reform in America have grown so loud that Congress has finally heard it.
Lawmakers have ordered a slate of studies to look into ...
STRIKE A POSE: MADONNA'S 'VOGUE' GETS FAIR USE VICTORY IN 9TH CIR.
URL: http://blogs.findlaw.com/ninth_circuit/2016/06/strike-a-pose-madonnas-vogue-gets-fair-
use-nod-from-9th-cir.html
Have you ever listened to a song and heard the faint and often vague whisper of a familiar sound
from another artist's song? Well, that's not by accident. Such sampling is rather common and is at
the epicenter of a recent Ninth Circuit ruling in favor of everyone's favorite......
APPETITE FOR DESTRUCTION: AXL ROSE DEMANDS GOOGLE REMOVE 'FAT'

PHOTOS
via The Guardian by Devon Maloney on 6/6/2016
URL: https://www.theguardian.com/music/2016/jun/06/axl-rose-google-remove-photos
That means anyone using parts of a copyrighted work for satirical, parodic, educational,
research-based or critical purposes - all of which are legal ...
GOD'S NOT DEAD' PRODUCERS FACING $100M COPYRIGHT LAWSUIT

via Hollywood Reporter - THR, Esq. by Ashley Cullins on 6/6/2016
URL: http://www.hollywoodreporter.com/thr-esq/gods-not-dead-producers-facing-900029
Michael Landon Jr. and Kelly Kullberg claim the faith-based film used their story.
ARTIST RICHARD PRINCE SUED FOR USING PHOTOS OF SID VICIOUS

Richard Prince has been hit with another lawsuit over his "appropriation art," this time over his
allegedly unauthorized use of copyrighted images of 1970s punk rocker Sid Vicious.
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Joshua L. Simmons
WHAT ORACLE V. GOOGLE MEANS FOR GPUS

URL: http://blogs.findlaw.com/technologist/2016/06/what-oracle-v-google-means-for-gpus.html
What does the recent ruling in Oracle v. Google mean for the future GPL/GNUs? If we're lucky,
and if wide Internet opinion is correct, it means more of the status quo -- and that's a good thing
if you're an open-source community developer. For a case that's worth billions of......
CIRCUIT SPLIT OVER MADONNA COPYRIGHT CASE TIPPED TO GO TO SUPREME

COURT
via Managing IP by Michael Loney on 6/7/2016
URL: http://www.managingip.com/Article/3560226/Circuit-split-over-Madonna-copyright-case-
tipped-to-go-to-Supreme-Court.html
From the VMG Salsoul v Ciccone opinionThe plaintiffs alleged copyright infringement based on
samples of snippets of horn lifted from the Salsoul ...
AGENCY CHALLENGES PEPSI OVER SUPER BOWL AD COPYRIGHT

via Intellectual Property Law360 by William Gorta on 6/7/2016
A Connecticut advertising agency says Pepsi's "Joy of Dance" Super Bowl halftime ad wasn't so
super after all, alleging Tuesday in a New York federal lawsuit that the soft drink giant stole its
idea to produce the showcase spot.
SPECIAL REPORT: ROUNDUP OF US COPYRIGHT OFFICE REVIEW OF COPYRIGHT

LAW
URL: http://www.ip-watch.org/2016/06/08/special-report-roundup-of-us-copyright-office-
review-of-copyright-law/
The United States Copyright Office is examining how provisions of the Digital Millennium
Copyright Act (DMCA) and the 1976 Copyright Act are working and whether any changes,
legislative or otherwise, are needed. Not surprisingly, there are broad differences of opinion
among rights owners, public interest groups, users of copyrighted works and the high-tech
community on both questions.
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ED SHEERAN SUED FOR $20M FOR ALLEGEDLY COPYING SONG RELEASED BY 'X
FACTOR' WINNER
URL: http://www.hollywoodreporter.com/thr-esq/ed-sheeran-sued-20m-allegedly-899827
The lawsuit over Sheeran's monster hit "Photograph" is filed by the same attorney who repped
the Marvin Gaye family in the "Blurred Lines" copyright case.
RICHARD PRINCE SUED FOR USING SEX PISTOLS PHOTOS

URL: http://www.thefashionlaw.com/home/richard-prince-sued-for-using-sex-pistols-photos
Richard Prince has been sued yet again for copyright infringement. After being named in two
recent copyright suits, the artist has been hit with another ...
APPEALS FILED OF COPYRIGHT ROYALTY BOARD DECISION ON WEBCASTING

ROYALTIES - WHAT'S NEXT?
URL: http://www.lexology.com/library/detail.aspx?g=317cb75a-2133-4b61-b7be-f02d2cb1ea50
SoundExchange last week filed an appeal of the Copyright Royalty Board's decision on
webcasting royalties (a decision which we summarized here ...
BEYONCE SUED FOR ALLEGEDLY LIFTING SHORT FILM TO CREATE 'LEMONADE'

TRAILER
URL: http://www.hollywoodreporter.com/thr-esq/beyonce-sued-lemonade-trailer-900935
The plaintiff - a creative director at a news station - claims that a member of the pop superstar's
team has acknowleged seeing his work
BEYONCE RIPPED OFF 'LEMONADE' TRAILER, SUIT SAYS

Beyonce was hit with a copyright infringement lawsuit Wednesday accusing her of copying a
Kentucky man's short film with the trailer for her smash hit visual album "Lemonade."
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Joshua L. Simmons
ORACLE FAILS TO OVERTURN GOOGLE'S FAIR USE TRIAL WIN

The federal judge who oversaw last month's $8.8 billion copyright trial between Oracle and
Google refused Wednesday to overturn Google's victory in the case, paving the way for an
anticipated appeal to the Federal Circuit.
ED SHEERAN FACES $20M COPYRIGHT ROW OVER 'PHOTOGRAPH'

British singer Ed Sheeran violated U.S. copyright laws by basing a portion of his hit song
"Photograph" on a chorus from another song without first obtaining permission, according to a
complaint by two songwriters who seek at least $20 million in damages.
TORCHED BURNING MAN BUS DIDN'T VIOLATE ART LAW, 9TH CIRC. SAYS
via Intellectual Property Law360 by Suevon Lee on 6/8/2016
A unanimous Ninth Circuit panel held Wednesday that the creators of a ship replica at the
Burning Man Festival that was later torched and destroyed cannot obtain relief under the Visual
Artists Rights Act since the structure is "applied art" and not eligible for protection.
EA ON HOOK EVEN IF 'SIMS' IP NO 'MONA LISA,' 9TH CIRC. TOLD

Direct Technologies LLC urged the Ninth Circuit Wednesday to revive its copyright and trade
secrets suit against Electronic Arts over allegedly stolen designs for a "Sims" tie-in USB drive,
arguing the drive, even if not "the Mona Lisa," is clearly original enough for copyright
protection.
MICROSOFT HIJACKED CHINESE CO.'S FONT IP, 9TH CIRC. TOLD

A Chinese software company on Wednesday urged the Ninth Circuit to revive its suit alleging
Microsoft has illegally used its copyrighted fonts in generations of computer operating systems,
arguing their 1995 licensing deal was only intended to cover Microsoft products that existed at
that time.
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SHAKIRA COPYRIGHT CASE NETS SONY $400,000 ATTY FEES

Sony Corp. won $400,000 in legal fees Thursday after beating a copyright lawsuit over a hit
Shakira song that was later revealed to be based on fabricated evidence, far less than the nearly
$750,000 the company wanted.
COPYRIGHT LAW SHOULD PLAY FAIR

via The Hill by Rep. Jerrold Nadler on 6/9/2016
URL: http://thehill.com/blogs/congress-blog/politics/282898-copyright-law-should-play-fair
Last Congress, the House Judiciary Committee launched a comprehensive review of the
Copyright Act to examine how the law is faring in the digital ...
5 DMCA MYTHS THAT JUST WON'T DIE

URL: http://illusionofmore.com/5-dmca-myths-just-wont-die/
I read several complaints on Twitter and in various blog posts from OSP representatives and
copyright critics that last month's USCO-hosted discussions in San Francisco about Section 512
were not very productive and that the rights holders are not being reasonable.
JUDGE BLASTS ORACLE'S ATTEMPT TO OVERTURN PRO-GOOGLE JURY VERDICT

URL: http://arstechnica.com/tech-policy/2016/06/judge-blasts-oracles-attempt-to-overturn-pro-
google-jury-verdict/
Google successfully made its case to a jury last month that its use of Java APIs in Android was
"fair use," and the verdict rejected Oracle's claim that the mobile system infringed its copyrights.
SHORT SAMPLINGS OF SONGS MAY NOT BE CONSIDERED COPYRIGHT

INFRINGEMENT AFTER ALL
via Intellectual Property, Patent, Trademark & Copyright News by Todd A. Davidovits on
6/10/2016
URL: http://www.natlawreview.com/article/short-samplings-songs-may-not-be-considered-
copyright-infringement-after-all
The Ninth Circuit Court of Appeals just decided that sampling a song without permission does
not necessarily infringe the copyright. Many artists have built careers by sampling an old song to
create a new work. Until now, courts have told the artist to "get a license or do not sample."
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Joshua L. Simmons
HOLLYWOOD STUDIOS FILE SUIT AGAINST SERVICE STREAMING $1 MOVIES

URL: http://www.hollywoodreporter.com/thr-esq/hollywood-studios-file-suit-service-901509
Warner, Fox and Disney want an injunction against VidAngel, which sells films for $20 before
buying them back for $19.
WHY IS YOUTUBE SUCH A GARBAGE DUMP?

URL: http://voxindie.org/ywhy-is-youtube-such-a-garbage-dump/
YouTube is great for finding videos about pretty much everything.
9TH CIRC. RIPS PRENDA LAW FOR 'COPYRIGHT TROLLING'

The Ninth Circuit on Friday issued a long-awaited ruling on the notorious Prenda Law, blasting
the operators of the defunct firm for abusive "copyright trolling" and affirming a decision that
said they should they face criminal prosecution.
DISH COPYRIGHT SUIT COVERAGE FIGHT BELONGS IN NY, COURT TOLD

via Intellectual Property Law360 by Jeff Sistrunk on 6/10/2016
Dish Network on Friday urged a New York federal court to forbid Ace American Insurance Co.
from proceeding with a parallel lawsuit in Colorado in their battle over coverage for copyright
disputes with television broadcasters regarding the ad-skipping Hopper DVR.
AFTER COPYRIGHT SMACKDOWN, SONY GETS FEES IN SHAKIRA CASE

URL: http://www.reuters.com/article/ip-shakira-copyright-idUSL1N1921V5
A federal judge has awarded Sony Corp $400,000 in attorneys' fees after ruling that music
publisher Mayimba Music Inc's claims that a hit song by pop ...
- 412 -
LED ZEPPELIN'S 'STAIRWAY TO HEAVEN' HEADED TO COURT IN INFRINGEMENT

CASE
via Los Angeles Times by Randy Lewis & Joel Rubin on 6/11/2016
URL: http://www.latimes.com/entertainment/music/la-et-ms-led-zeppelin-stairway-20160609-
snap-story.html
Or they may attempt to cite earlier precursors to both songs from the public domain, which could
render moot the Wolfe estate's copyright claim.
RADIOHEAD VIDEO MAKES UNAUTHORIZED USE OF FICTIONAL CHARACTERS

URL: http://cpip.gmu.edu/2016/06/11/radiohead-video-makes-unauthorized-use-of-fictional-
characters/
Last month, Radiohead released their ninth studio album, A Moon Shaped Pool, after a five-year
hiatus from recording.
RECENT CHANGES IN INSURANCE POLICY FORMS LEAVING COMPANIES

EXPOSED TO RISK OF COPYRIGHT CLAIMS
via IPWatchdog.com | Patents & Patent Law by Joseph G. Balice on 6/13/2016
URL: http://www.ipwatchdog.com/2016/06/13/insurance-exposed-risk-copyright-
claims/id=70002/
There has been a recent trend by insurance companies to change their policy forms and use
language that provides substantially less coverage for these kinds of claims. Buyers of insurance
might still see that the policies they're buying have "Advertising Injury" coverage that includes
"copyright" claims. Nevertheless, these subtle changes to the actual language in the forms (which
few policyholders ever actually read before buying their policy) eliminate most, if not all, of the
benefits of the...
LATE FILINGS SEEK TO EXCLUDE LED ZEPPELIN'S EXPERT IN 'STAIRWAY TO

HEAVEN' COPYRIGHT TRIAL
via Hollywood Reporter - THR, Esq. by Ashly Cullins on 6/13/2016
URL: http://www.hollywoodreporter.com/thr-esq/late-filings-seek-exclude-led-902134
Court filings claim noted musicologist Lawrence Ferrara has a serious conflict of interest.
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Joshua L. Simmons
GOOGLE GOES TO BAT FOR TPP'S IP, INTERNET PROVISIONS

via Intellectual Property Law360 by Alex Lawson on 6/13/2016
Google went public with its support for the Trans-Pacific Partnership on Friday, lauding the 12-
nation accord for its provisions that liberalize the flow of data across national borders and for
striking a delicate balance between copyright protection and sensible limitations.
STAIRWAY TO HEAVEN' TRIAL: JUDGE STRIKES LED ZEPPELIN MUSIC EXPERT

REQUEST
URL: http://www.hollywoodreporter.com/thr-esq/stairway-heaven-trial-judge-strikes-902489
Plus: Can an attorney play electric guitar to prove his client's point?
LED ZEPPELIN EXPERT MUST BE NIXED OVER CONFLICT, COURT TOLD

via Intellectual Property Law360 by Kat Sieniuc on 6/13/2016
The trustee of the estate suing Led Zeppelin for copyright infringement over the group's hit
"Stairway to Heaven" asked a California federal judge in a last-minute filing before trial to bar
the band's music expert from testifying and impose sanctions, alleging a conflict of interest.
RIMINI STUCK WITH $50M JURY VERDICT IN ORACLE COPYRIGHT SUIT

via Intellectual Property Law360 by Brandon Lowrey on 6/13/2016
A Nevada federal judge on Monday upheld a $50 million judgment against Rimini Street Inc. for
copyright infringement and unauthorized access of several Oracle products, rejecting Rimini's
contentions that California and Nevada computer-crime laws are unconstitutional.
9TH CIRCUIT UPHOLDS SANCTION AGAINST 'COPYRIGHT...

URL:
http://www.abajournal.com/news/article/9th_circuit_upholds_sanction_against_copyright_trollin
g_lawyers_who_sued_po
The lawyers, through their law firm, set up shell companies that purchased copyrights to
pornographic movies. When someone illegally downloaded ...
- 414 -
20 MOST-CITED INTELLECTUAL PROPERY & CYBERLAW FACULTY, 2010-2014

(INCLUSIVE)
via Brian Leiter's Law School Reports on 6/14/2016
URL: http://leiterlawschool.typepad.com/leiter/2016/06/20-most-cited-intellectual-propery-
cyberlaw-faculty-2010-2014-inclusive.html
Once again, drawing on the data from the 2015 Sisk study: Rank Name School Citations Age in
2016 1 Mark Lemley Stanford University 2400 50...
ROCK BAND SEEKS JUDICIAL DECLARATION THAT WOODY GUTHRIE'S 'THIS

LAND' IS IN PUBLIC DOMAIN
URL: http://www.hollywoodreporter.com/thr-esq/rock-band-seeks-judicial-declaration-902573
The attorneys who fought to free "Happy Birthday" from copyright control have a new target.
JURY CHOSEN IN 'STAIRWAY TO HEAVEN' TRIAL

URL: http://www.hollywoodreporter.com/thr-esq/jury-chosen-stairway-heaven-trial-902710
Led Zeppelin rockers Robert Plant and Jimmy Page are in court.
IGNORE PRE-1972 'REMASTER' RULING, NY JUDGE HEARS

Song owners suing CBS Corp. for not paying royalties on tracks recorded before 1972 urged a
New York federal judge Monday to ignore a novel ruling in California last month that
"remastered" versions of the old songs don't count as pre-1972 songs, saying that decision
doesn't bar "a different decision in this case."
THIS LAND' IS PUBLIC DOMAIN, SUIT SAYS

A New York rock band has filed a class action aimed a proving that the iconic folk song "This
Land Is Your Land" is free for all to use - with the help of the same attorneys who recently won a
similar battle over "Happy Birthday to You."
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Joshua L. Simmons
THE RIAA WRITES TO JUDGE ABOUT CONTROVERSIAL RULING OVER

REMASTERED SOUND RECORDINGS
URL: http://www.hollywoodreporter.com/thr-esq/riaa-writes-judge-controversial-ruling-902801
The record giants pick a side in a hot dispute over the performance of pre-1972 songs.
COWEN WANTS FIRM DQ'D IN OIL TRADE PUBLISHER COPYRIGHT FIGHT

via Intellectual Property Law360 by Stewart Bishop on 6/14/2016
A unit of asset manager Cowen Group Inc. on Tuesday asked a New York federal judge to
disqualify a former Reed Smith LLP attorney and his new firm Powley & Gibson PC from
representing an energy industry trade publication in a copyright fight, citing the lawyer's prior
representation of Cowen.
OPENING STATEMENTS COULD LEAD TO "STAIRWAY TO HEAVEN" MISTRIAL

URL: http://www.hollywoodreporter.com/thr-esq/opening-statements-could-lead-stairway-
902912
There's a dispute over whether a video played was properly submitted as evidence.
LED ZEPPELIN STOLE 'STAIRWAY' INTRO, JURY TOLD

Led Zeppelin stole the famed opening riff of "Stairway to Heaven" from a song by the band
Spirit and owes "credit where credit is due" and a slice of the mega hit's royalties, counsel for the
estate of Spirit's deceased guitarist said Tuesday during opening statements in a California jury
trial.
PHOTOGRAPHER SUES SPOTIFY OVER NOTORIOUS BIG PHOTO

URL: http://ssrn.com/abstract=2589650
Spotify has been hit with a copyright infringement complaint from a photographer whose
artwork of late musician Christopher Wallace, known as ...
- 416 -
PORN, COPYRIGHT LAW AND A RAISED JUDICIAL EYEBROW

via Bloomberg by Noah Feldman on 6/15/2016
URL: http://www.bloomberg.com/view/articles/2016-06-15/porn-copyright-law-and-a-raised-
judicial-eyebrow
The firm tried to hide the fact that its principals also owned the copyrights. Presumably, it feared
that courts would be less willing to grant the orders if ...
ARTIST ACCUSED OF RIPPING OFF JEWELRY DESIGN

URL: http://www.courthousenews.com/2016/06/15/artist-accused-of-ripping-off-jewelry-
design.htm
According to the complaint, as of May 16, 2016, Wolstenholme's application for U.S. copyrights
to the "Charmed" series of jewelry is currently pending ...
JIMMY PAGE TAKES THE STAND IN "STAIRWAY TO HEAVEN" TRIAL

URL: http://www.hollywoodreporter.com/thr-esq/jimmy-page-takes-stand-stairway-903380
The rocker says he first heard Spirit's "Taurus" when his son-in-law told him people were
comparing it to "Stairway" a few years ago.
LED ZEPPELIN'S JIMMY PAGE TESTIFIES IN 'STAIRWAY TO HEAVEN' COPYRIGHT

TRIAL
via NYT > Media & Advertising by Ben Sisario & Rebcca Fairley Raney on 6/15/2016
URL: http://www.nytimes.com/2016/06/16/business/media/led-zeppelins-jimmy-page-testifies-
in-stairway-to-heaven-copyright-trial.html
Mr. Page, 72, defended himself in court, saying that when he finally heard the song "Taurus" by
the lesser-known group Spirit, it sounded "totally alien" to him.
IN THE END, WE KNOW ONLINE VIDEO, AND SO THAT'S WHAT WE'RE STARTING
WITH.
via Medium by Hank Green on 6/15/2016
URL: https://medium.com/@hankgreen/in-the-end-we-know-online-video-and-so-thats-what-
we-re-starting-with-b1251299d198
However, we named it the Internet Creator's Guild because we do want to include bloggers,
podcasters, artists, photographers, instagrammers...
- 417 -
Joshua L. Simmons
LED ZEPPELIN'S JIMMY PAGE TELLS JURY 'STAIRWAY' NO RIP-OFF

Led Zeppelin guitarist Jimmy Page took the stand Wednesday in the California federal jury trial
over claims the band stole the famed opening riff of its 1971 mega-hit "Stairway to Heaven"
from a song by the band Spirit, saying that until recently he'd never even heard the Spirit song.
E-BOOKS FAIR GAME FOR PUBLIC LIBRARIES, SAYS ADVISOR TO TOP EUROPE
COURT
via Ars Technica by Jennifer Baker on 6/16/2016
URL: http://arstechnica.com/tech-policy/2016/06/ebooks-lending-public-libraries-advocate-
general-cjeu/
Electronic books should be treated just like physical books for the purposes of lending, an
advisor to Europe's top court has said.
PARAMOUNT SAYS 'STAR TREK' FAN FILM LAWSUIT LIVES ON

URL: http://www.hollywoodreporter.com/thr-esq/paramount-says-star-trek-fan-903497
In the lawsuit over "Axanar," the studio acknowleges statements about a settlement, but tell a
judge that claims remain pending.
IP SCHOLARS TO FCC: IT'S NOT ABOUT "THE BOX"

via CPIP by [AUTHOR] on 6/16/2016
URL: http://cpip.gmu.edu/2016/06/15/ip-scholars-to-fcc-its-not-about-the-box/
This past April, we joined other IP scholars in explaining how the FCC's proposed set-top box
rules would undermine the property rights of creators and copyright owners. In reply comments
filed last month, the EFF and a group of IP academics argued that the proposed rules would not
implicate any copyright owners' exclusive rights. Yesterday, we filed an ex parte letter with the
Commissioners pointing out why this is wrong. The full letter is copied below.
JUSTICES SAY 'UNREASONABLENESS' KEY TO COPYRIGHT ATTYS FEES

The U.S. Supreme Court on Thursday clarified when judges should award attorneys' fees to
successful copyright litigants, ruling they should place heavy emphasis on whether the case is
"objectively unreasonable" while still weighing other factors.
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APPEALS COURT GIVES INTERNET SERVICE PROVIDERS BIG RELIEF IN

COPYRIGHT DISPUTES
URL: http://www.hollywoodreporter.com/thr-esq/appeals-court-gives-internet-service-903519
Barry Diller's Vimeo scores a win as the 2nd Circuit rules that safe harbor applies to pre-1972
recordings and isn't disqualified by employees who saw infringements.
SUPREME COURT CLARIFIES COPYRIGHT ATTORNEY FEES: REASONABLE

DEFENSE NOT A PRESUMPTIVE EXCUSE
via Patent Law Blog (Patently-O) by Dennis Crouch on 6/16/2016
URL: http://patentlyo.com/patent/2016/06/copyright-reasonable-presumptive.html
In Kirtsaeng v. John Wiley & Sons (2016), the Supreme Court has vacated the Second Circuit's
ruling denying attorney-fee awards in the copyright case - but offered a balanced opinion that
places a number of limits on when fees may be awarded.
DELAY IN BRINGING SUIT IS NO BAR TO COPYRIGHT INFRINGEMENT CLAIMS

via Intellectual Property, Patent, Trademark & Copyright News by Gene Markin on 6/16/2016
URL: http://www.natlawreview.com/article/delay-bringing-suit-no-bar-to-copyright-
infringement-claims
How long does a copyright owner have to bring suit for copyright infringement? The answer is
three years from the date of the last infringement, regardless of when the very first infringement
occurred. Copyright law follows the "separate-accrual rule," which provides for a new three-year
statute of limitations each time an infringement occurs.
HAMILTON AND COPYRIGHT: LIN-MANUEL MIRANDA HAD HIS EYES ON MUSIC

HISTORY
via Forbes by Larry Iser on 6/16/2016
URL: http://www.forbes.com/sites/legalentertainment/2016/06/16/hamilton-and-copyright-lin-
manuel-miranda-had-his-eyes-on-music-history/
When I was in 8th Grade, I played the role of the Pirate King in Gilbert & Sullivan's 1880
operetta, The Pirates of Penzance, in which the King's foe, the ...
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PRE-'72S COVERED BY DMCA SAFE HARBOR, 2ND CIRC. SAYS

The Second Circuit ruled Thursday that the Digital Millennium Copyright Act's safe harbors
protect online hosts like Vimeo from liability even for so-called pre-1972 recordings that aren't
covered by federal copyright law, saying a ruling to the contrary would "defeat the very purpose"
of the law.
SUPREME COURT REVIVES $2M FEES DISPUTE IN COPYRIGHT CASE OVER

RESOLD TEXTBOOKS
URL: http://arstechnica.com/tech-policy/2016/06/attorneys-in-copyright-case-on-resold-
textbooks-inch-closer-to-2m-payday/
On Thursday, the Supreme Court provided nuanced guidance to lower courts in determining
whether the prevailing party in a copyright lawsuit should be awarded attorney fees.
"STAIRWAY TO HEAVEN" TRIAL: JIMMY PAGE GETS QUIZZED ON MUSIC

VOCABULARY
URL: http://www.hollywoodreporter.com/thr-esq/stairway-heaven-trial-jimmy-page-903641
The Led Zeppelin band member finishes his testimony and the court warns the plaintiff's
attorney about wasting time.
SUPREME COURT RULES ON COPYRIGHT FEE SHIFTING

via Hollywood Reporter - THR, Esq. by Jonathan Handel on 6/16/2016
URL: http://www.hollywoodreporter.com/thr-esq/supreme-court-rules-copyright-fee-903737
The decision is likely to be cited in most future copyright cases.
ATTYS REACT TO HIGH COURT'S COPYRIGHT ATTYS' FEES RULING

via Intellectual Property Law360 on 6/16/2016
The U.S. Supreme Court Thursday decided in Kirtsaeng v. John Wiley & Sons that to determine
the award of attorneys' fees to successful copyright litigants a heavy emphasis should be placed
on whether the case is "objectively unreasonable." Here, attorneys tell Law360 why the decision
is significant.
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DMCA WINS BIG IN RECORD LABEL LAWSUIT AGAINST VIMEO

URL: http://arstechnica.com/tech-policy/2016/06/video-sharing-sites-win-big-in-dcma-legal-
fight/
A federal appeals court ruled Thursday that ISP's such as video-sharing sites are protected by the
Digital Millennium Copyright Act for pre-1972 musical recordings uploaded by their users.
COPYRIGHT CASE AIMS TO BRING 'THIS LAND IS YOUR LAND' TO PUBLIC

DOMAIN
via The Washington Times by Andrew Blake on 6/16/2016
URL: http://www.washingtontimes.com/news/2016/jun/16/copyright-case-aims-bring-land-your-
land-public-do/
Woody Guthrie's protest songs are memorable because he "was able to impart the human
experience of the people," says a historian. (Associated ...
SUPREME COURT RULES ON COPYRIGHT FEE SHIFTING

via Billboard by Jonathan Handel on 6/16/2016
URL: http://www.billboard.com/articles/news/7408797/supreme-court-rules-copyright-fee-
shifting
Reviving a $2 million attorney fee dispute in a high-profile copyright case, the U.S. Supreme
Court unanimously decided Thursday (June 16) that ...
5 THINGS TO KNOW ABOUT HIGH COURT'S KIRTSAENG RULING

The U.S. Supreme Court issued its first copyright decision in nearly two years on Thursday,
weighing in on the tricky question of when prevailing parties should be able to recoup their
attorneys' fees from the losing side. Here are the five big things experts say you need to know
about the ruling.
EXPERT TESTIMONY BEGINS AT "STAIRWAY TO HEAVEN" TRIAL

URL: http://www.hollywoodreporter.com/thr-esq/expert-testimony-begins-at-stairway-903824
After Jimmy Page left the stand, music experts picked apart his work.
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Joshua L. Simmons
LED ZEPPELIN'S JIMMY PAGE HOLDS GROUND AT 'STAIRWAY' TRIAL

Testifying for a second day in the California federal jury trial over claims Led Zeppelin stole the
opening riff of "Stairway to Heaven" from the band Spirit, Zeppelin guitarist Jimmy Page
successfully dodged opposing counsel's repeated efforts Thursday to corner him into describing
the songs as similar.
WHO OWNS THE COPYRIGHT TO 'THIS LAND IS YOUR LAND'? IT MAY BE YOU
AND ME
via NYT > Media & Advertising by Niraj Chokshi on 6/17/2016
URL: http://www.nytimes.com/2016/06/18/business/media/this-guthrie-song-is-your-song-a-
lawsuit-claims.html
The law firm that put "Happy Birthday to You" into the public domain wants to do the same for
this Woody Guthrie classic.
BAND LED ZEPPELIN SAYS SONG CHORDS TOO COMMON TO COPYRIGHT

via Intellectual Property, Patent, Trademark & Copyright News by Annie Dike on 6/17/2016
URL: http://www.natlawreview.com/article/band-led-zeppelin-says-song-chords-too-common-
to-copyright
Can you say "Stairway to Heavy Royalties?" You may have imagined the old Led heads, Robert
Page and Jimmy Plant, sitting in a grungy garage somewhere back in the seventies striking those
iconic four chords for the first time and truly crafting the song "Stairway to Heaven" from
whence there was none. Now you may have to change that image and imagine them sitting in the
front row of a Spirit concert feverishly jotting chord progressions down on a notepad.
NBC, DISH SETTLE LAST OF THE LAWSUITS OVER AD-SKIPPING DVR

URL: http://www.hollywoodreporter.com/thr-esq/nbc-dish-settle-last-lawsuits-903915
The parties have reached a settlement that will limit ad-skipping until after 7 days from a show's
broadcast airing.
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WHY DOING SOMETHING AS DULL AS COPYRIGHT REGISTRATION GIVES YOU

STRONGER RIGHTS!
via Copyright Alliance by Sarah Howes on 6/17/2016
URL:
https://copyrightalliance.org/2016/06/why_doing_something_dull_copyright_registration_gives_
you_stronger_rights
It's overwhelming to think about all the things us entrepreneurs should be doing. We triage, we
do.
SUPREME COURT REVISITS COPYRIGHT'S ATTORNEY FEE SHIFTS-KIRTSAENG V.

WILEY
URL: http://blog.ericgoldman.org/archives/2016/06/supreme-court-revisits-copyrights-attorney-
fee-shifts-kirtsaeng-v-wiley.htm
The Copyright Act, 17 U.S.C. 505, has a discretionary "loser-pays" attorneys' fee shift. We've
blogged repeatedly about abusive copyright enforcements where that fee shift provides a
modicum of fairness to defendants (e.g., Inglewood v. Teixeira; Katz v. Chevaldina; Righthaven
v. Leon).
SUPREME COURT CLARIFIES STANDARDS GOVERNING THE ATTORNEYS' FEES

AWARDS IN COPYRIGHT LITIGATION
via Intellectual Property, Patent, Trademark & Copyright News by Allyson Madrid & Joseph
Grasser on 6/17/2016
URL: http://www.natlawreview.com/article/supreme-court-clarifies-standards-governing-
attorneys-fees-awards-copyright
This morning, the Supreme Court issued its most recent ruling in Kirtsaeng v. John Wiley &
Sons, Inc., unanimously holding that the "objective reasonableness" of an unsuccessful litigant's
position should be accorded "substantial weight" when awarding attorneys' fees in copyright
cases. The Court, however, also noted that this factor is not dispositive and district courts must
examine a wide-array of other factors.
DID AEREO OPEN THE DOOR TO COMPULSORY LICENSES?

via Intellectual Property Law360 by Andrea Weiss Jeffries & Elaine Zhong on 6/17/2016
Last year, a California federal judge held that FilmOn's internet retransmission service is entitled
to a compulsory license under Section 111 of the Copyright Act, notwithstanding the rejection of
this legal theory by numerous district courts and the Second Circuit. Now the Ninth Circuit must
decide whether Section 111 is unambiguous and, if so, whether FilmOn's "facility" "makes
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Joshua L. Simmons
secondary transmissions" of broadcast signals or programs, say Andrea Weiss Jeffries and Elaine
Zhong of WilmerHale.
TRICKY LAWYER TURNS DEFAMATION BATTLE INTO COPYRIGHT DISPUTE

URL: http://blogs.findlaw.com/technologist/2016/06/tricky-lawyer-turns-defamation-battle-into-
copyright-dispute.html
We have to hand it to Massachusetts attorney Richard Goren. When faced with a negative review
on Ripoff Report, he didn't just win a defamation victory (alright, it was by default, so it's not too
impressive), he convinced the court to transfer him ownership over the copyright of the......
FOX NEWS SAYS TVEYES IS 'NOTHING LIKE GOOGLE BOOKS'

Fox News Network fired its opening shot Thursday in a closely watched copyright battle over
the legality of media-monitoring service TVEyes, saying the television search engine is "nothing
like" Google's book search service that was declared legal last year.
NBC, DISH SETTLEMENT FINALLY ENDS AD-SKIPPING DVR WAR

Dish Network and NBC have reached a settlement to finally resolve more than four years of
copyright litigation from the major networks over the satcaster's ad-skipping, place-shifting
Hopper DVR.
NY TIMES SETTLES COPYRIGHT SUIT OVER FRONT-PAGE IMAGES

The New York Times Co. and a small publisher have reached a settlement in a case in which the
media giant alleged that images of 64 of its front pages were published in a book without
permission.
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FOX NEWS: TVEYES INFRINGES COPYRIGHT, UNDERCUTS LICENSING MARKET

via MediaPost by Wedny Davis on 6/17/2016
URL: http://www.mediapost.com/publications/article/278420/fox-news-tveyes-infringes-
copyright-undercuts-li.html
Television monitoring service TVEyes, which indexes news clips and provides excerpts to
subscribers, is not protected by fair use principles, Fox ...
VIMEO, WEB COS. DODGE BULLET WITH 2ND CIRC. WIN

The Second Circuit's long-awaited ruling Thursday on the Digital Millennium Copyright Act's
safe harbor was a massive win for services like Vimeo and YouTube, striking down long-
standing arguments from record labels that experts say could have been disastrous for hosts of
user-generated content.
SAS' AWARD HIKED TO $79M IN SOFTWARE LICENSE BREACH ROW

World Programming Ltd. owes a rival more than $79 million for breaching a licensing contract
for computer programs, as a North Carolina federal judge on Friday denied the company's bid for
a new trial and tripled SAS Institute Inc.'s damages award.
SECOND CIRCUIT: COPYRIGHT INFRINGEMENT OF PRE-1972 SOUND RECORDINGS

COVERED BY DMCA SAFE HARBOR
via Lexology by Ober Kaler on 6/17/2016
URL: http://www.lexology.com/library/detail.aspx?g=08a70d7a-55f3-4c33-b4d3-d20b03272ed8
Superheros donning black robes save website operators from liability for users' copyright
infringement of sound recordings fixed prior to 1972.
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Joshua L. Simmons
DRAMATISTS GUILD RELEASES STATEMENT ON YOUTUBE VIDEOS AND

COPYRIGHT INFRINGEMENT AFTER HIGH ...
via Broadway World by Michael Dale on 6/17/2016
URL: http://www.broadwayworld.com/article/Dramatists-Guild-Releases-Statement-On-
YouTube-Videos-and-Copyright-Infringement-After-High-School-HAMILTON-Videos-
Removed-20160617
Authors of dramatic works (including playwrights, librettists, lyricists and composers) own their
copyrights, but very few dramatists writing for the theater ...
LAWYERS WHO YANKED "HAPPY BIRTHDAY" INTO PUBLIC DOMAIN NOW SUE
OVER "THIS LAND"
URL: http://arstechnica.com/tech-policy/2016/06/lawyers-who-yanked-happy-birthday-into-
public-domain-now-sue-over-this-land/
The lawyers who successfully got "Happy Birthday" put into the public domain and then sued
two months ago over "We Shall Overcome" have a new target: Woody Guthrie's "This Land."
LED ZEPPELIN ASKS JUDGE TO STOP "STAIRWAY TO HEAVEN" TRIAL WITH

VICTORY IN BAND'S FAVOR
URL: http://www.hollywoodreporter.com/thr-esq/led-zeppelin-asks-judge-stop-904409
Jimmy Page, Robert Plant and Warner Music argue the plaintiff has failed to carry a burden of
proof on multiple issues.
INSURER BLASTS DISH FOR 'FORUM SHOPPING' IN COPYRIGHT ROW

via Intellectual Property Law360 by Jeff Sistrunk on 6/20/2016
Ace American Insurance Co. on Monday urged a New York federal court to dismiss Dish
Network Corp.'s suit seeking coverage for copyright claims by television broadcasters regarding
the ad-skipping Hopper digital video recorder, asserting that Dish engaged in "forum shopping"
in an effort to avoid fighting the insurer in a parallel action in Colorado.
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LED ZEPPELIN ASKS JUDGE TO PULL PLUG ON 'STAIRWAY' TRIAL

Rock legends Led Zeppelin on Mondayurged a California federal judge Monday to cut short the
jury trial on claims that the band stole the intro to "Stairway to Heaven" from the band Spirit,
arguing that the estate of Spirit's guitarist finished its case without getting in any evidence to
support its claims.
11TH CIRC. FINDS FLOOR-PLAN COPYRIGHTS WERE NOT INFRINGED

The Eleventh Circuit on Friday upheld Turner Heritage Homes Inc.'s win following a trial in a
copyright case over architectural floor plans, though one judge said she believed the controlling
case law represented a "wrong turn in our circuit's copyright jurisprudence."
TAYLOR SWIFT, PAUL MCCARTNEY PUSH FOR YOUTUBE COPYRIGHT REFORM

via Washington Examiner by Joshua Axelrod on 6/20/2016
URL: http://www.washingtonexaminer.com/taylor-swift-paul-mccartney-push-for-youtube-
copyright-reform/article/2594393
A large group of music industry heavyweights are lining up to fight for reform of the Digital
Millennium Copyright Act, which many feel doesn't ...
THE TURTLES, PRE-1972 COPYRIGHT WARRIORS, REISSUING THEIR OUT-OF-PRINT

STUDIO ALBUMS
via Billboard on 6/20/2016
URL: http://www.billboard.com/articles/news/7409015/the-turtles-pre-1972-copyright-warriors-
reissuing-their-out-of-print-studio
While legal battles over pre-1972 recordings wind their way through the courts, one of the artists
taking the lead on whether copyright owners have ...
COPYRIGHT CLAIMS AGAINST 'STAR TREK' FAN FILM KLING ON

via WSJ.com: Law Blog - WSJ.com by Jacob Gershman on 6/21/2016
URL: http://blogs.wsj.com/law/2016/06/21/copyright-claims-against-star-trek-fan-film-kling-on/
Hollywood filmmaker J.J. Abrams drew cheers from Trekkies last month when he announced
that a controversial copyright case against the makers of a crowd-funded Star Trek fan film was
coming to an end.
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Joshua L. Simmons
MUSICIAN SAYS 'NBA 2K16' INFRINGES COPYRIGHTED SONG

A musician sued the makers of the popular basketball video game series "NBA 2K" in California
federal court Monday for copyright infringement, saying a version of the game includes samples
of a song he wrote in 1978 that the company used without permission.
TAYLOR SWIFT, OTHERS USING PRINT MEDIA TO CALL OUT YOUTUBE ON

COPYRIGHT
via Bloomberg BNA by Ellie Smith on 6/21/2016
URL: http://www.bna.com/taylor-swift-others-b57982074499/
Regulators from the U.S. Copyright Office said they would study provisions that protect services
like YouTube when users upload infringing material.
SUPREME COURT EMPHASIZES OBJECTIVE REASONABLENESS FOR FEE AWARDS

IN COPYRIGHT LITIGATION
via IPWatchdog.com | Patents & Patent Law by Jon Tandler on 6/21/2016
URL: http://www.ipwatchdog.com/2016/06/21/supreme-court-objective-reasonableness-fee-
awards-copyright-litigation/id=70261/
Justice Kagan stated as one primary factor that a District Court should put substantial weight on
the reasonableness of the losing party's position. The lower courts are in a good position to
review and administer this factor, and it encourages parties with meritorious positions to advance
them. Justice Kagan quite rightly stated that this was not the only factor, and that other
previously articulated factors set forth in Fogerty also need to be evaluated. These include the
"frivolousness [of...
TAYLOR SWIFT, OTHERS URGE CHANGES TO 'OUT-OF-DATE' DMCA

Nearly 200 musical artists, including top names like Taylor Swift and Paul McCartney, pressed
lawmakers on Tuesday to reform the Digital Millennium Copyright Act, marking the music
industry's latest push to change the oft-criticized law.
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"STAIRWAY TO HEAVEN" TRIAL: ROBERT PLANT SAYS HE CAN'T REMEMBER

SEEING SPIRIT PERFORM
URL: http://www.hollywoodreporter.com/thr-esq/stairway-heaven-trial-robert-plant-905078
His band is accused of ripping off a riff of Spirit's "Taurus" for "Stairway to Heaven."
TAYLOR SWIFT, 180 ARTISTS WANT COPYRIGHT REFORM

via USA Today by Mike Snider on 6/21/2016
URL: http://www.usatoday.com/story/tech/news/2016/06/21/taylor-swift-180-artists-want-
copyright-reform/86194520/
Taylor Swift has faced down Apple and Spotify. Now, she is expressing bad blood with
YouTube. Swift joined more than 180 artists and bands ...
ROBERT PLANT TESTIFIES IN 'STAIRWAY' COPYRIGHT TRIAL

via Courthouse News Service by Matt Reynolds on 6/21/2016
URL: http://www.courthousenews.com/2016/06/21/led-zeppelin-defense-rests-in-stairway-
trial.htm
Led Zeppelin frontman Robert Plant took the stand on Tuesday to testify in the high-profile jury
trial to decide whether ...
IS THE FCC'S "UNLOCK THE BOX" PLAN FOR CABLE TV IN TROUBLE?

URL: http://www.hollywoodreporter.com/thr-esq/is-fccs-unlock-box-plan-905240
A swing vote at the regulatory agency talks about "real flaws" in the original plan and hints at
support for an emerging alternative proposal from the cable industry.
WHAT ATTYS NEED TO KNOW ABOUT THE HIGH COURT'S 3 IP RULINGS

via Intellectual Property Law360 by Ryan Davis on 6/21/2016
The U.S. Supreme Court opened the door for patent owners to win large damages awards in
patent cases more often, endorsed the Patent Trial and Appeal Board's rules for America Invents
Act reviews and clarified when copyright litigants can recover attorneys' fees. Here's a look at
the high court's three intellectual property decisions from this term and what they mean for
attorneys.
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Joshua L. Simmons
ZEPPELIN'S ROBERT PLANT CRACKS UP COURT AS TRIAL NEARS END

Led Zeppelin frontman Robert Plant got jurors laughing as testimony wrapped Tuesday in the
California federal copyright trial over "Stairway to Heaven," saying he has "no recollection of
mostly anyone" he may have met 40 years ago, and doesn't remember seeing or meeting the band
Spirit, from whom Zeppelin allegedly stole the intro to their hit.
TVEYES V FOX A HUGE DEAL FOR COPYRIGHT

URL: http://illusionofmore.com/tveyes-v-fox-huge-deal-copyright/
One of the most important copyright cases in the country landed at the Second Circuit Court of
Appeals in December of 2015. Appellants TVEyes and Fox News Network filed opening briefs,
each seeking new rulings after the Court for the ... Continue reading ?
DISNEY SUES CHINESE FIRMS IN COPYRIGHT ROW

via World Intellectual Property Review on 6/22/2016
URL: http://www.worldipreview.com/news/disney-sues-chinese-firms-in-copyright-row-10322
Walt Disney has taken three Chinese companies to court in a copyright infringement lawsuit
centring on its movie "Cars". In a lawsuit filed at the ...
CAPITOL RECORDS V. VIMEO: COURTS SHOULD STOP CODDLING BAD ACTORS IN

COPYRIGHT CASES
via IPWatchdog.com | Patents & Patent Law by Devlin Hartline on 6/22/2016
URL: http://www.ipwatchdog.com/2016/06/22/capitol-records-vimeo-copyright/id=70288/
Just how much knowledge about piracy on its system does an online service provider need
before it loses its safe harbor protection, which severely limits its potential liability for copyright
infringement, under the Digital Millennium Copyright Act (DMCA)? In Capitol Records v.
Vimeo, the Second Circuit sets the bar very high, further blurring one of most important lines in
copyright law-the line between actual and red flag knowledge-and protecting a not-so-innocent
service provider in the...
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YOUTUBE'S "BAD BLOOD" WITH MUSICIANS OVER COPYRIGHT REFORM

via CBS News on 6/22/2016
URL: http://www.cbsnews.com/news/taylor-swift-paul-mccartney-and-more-push-congress-to-
reform-copyright-laws-youtube-fires-back/
YouTube argues it notified record companies when copyrighted music is uploaded and they can
order it removed. But it said companies choose to ...
DISNEY SUES CHINESE COMPANIES OVER COPYRIGHT INFRINGEMENT

via The Hindu Business Line on 6/22/2016
URL: http://www.thehindubusinessline.com/news/world/disney-sues-chinese-companies-over-
copyright-infringement/article8760812.ece
Disney Enterprises Inc. and Pixar, holders of the copyrights of animated comedies Cars and Cars
2 as well as the character images, sued G-Point in ...
JURY DELIBERATIONS BEGIN IN "STAIRWAY TO HEAVEN" COPYRIGHT TRIAL

URL: http://www.hollywoodreporter.com/thr-esq/jury-deliberations-begin-stairway-heaven-
905595
After a week's worth of testimony and closing arguments, a verdict will come soon on whether
Led Zeppelin's biggest song infringes Spirit's "Taurus."
ARTISTS AND GROUPS DEMAND DMCA REFORM

via IPPro The Internet by Tammy Facey on 6/22/2016
URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=4959#.V3AicK
KbCoE
The US Copyright Office is also conducting a public consultation on the effectiveness of the
DMCA notice-and-takedown process, although experts do ...
DISH INSISTS COPYRIGHT SUIT COVERAGE ROW BELONGS IN NY

via Intellectual Property Law360 by Kat Sieniuc on 6/22/2016
Dish Network Corp. told a New York federal judge Tuesday that Ace American Insurance Co.
jumped the gun in filing its parallel suit in Colorado federal court over copyright claims
regarding Dish's ad-skipping Hopper digital video recorder, maintaining that the Empire State is
the suit's proper home.
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Joshua L. Simmons
STAIRWAY TO HEAVEN' CREDIT IN JURY'S HANDS AS TRIAL CLOSES

Led Zeppelin must pay for stealing the intro to "Stairway to Heaven" from a song by the band
Spirit, the trust of Spirit's late guitarist told a California federal jury during closing arguments in
the copyright trial Wednesday, but the British rockers countered that the trust is distorting the
evidence.
MARSHA BLACKBURN JOINS TAYLOR SWIFT, OTHER ARTISTS IN PUSH FOR

DIGITAL COPYRIGHT REFORM
via WKRN on 6/22/2016
URL: http://wkrn.com/2016/06/22/marsha-blackburn-joins-taylor-swift-other-artists-in-push-for-
digital-copyright-reform/
Congresswoman Marsha Blackburn is joining Taylor Swift and other artists in the push for
digital copyright reform.
MTN FACES ANOTHER NIGERIAN FINE: $56M FOR RING-BACK TONE COPYRIGHT
INFRINGEMENT
via AFK Insider by Dana Sanchez on 6/22/2016
URL: http://afkinsider.com/128380/mtn-faces-another-nigerian-fine-56m-for-ring-back-tone-
Dial a random phone number in Nigeria and you're more likely to hear music than a standard
repetitive ring. That's because ring-back tones are the ...
ROBOTS ALLOWED TO TRADE MONEY AND CLAIM COPYRIGHT ON THEIR WORK

UNDER RADICAL NEW EU PLANS
via Mirror by Scott Campbell on 6/23/2016
URL: http://www.mirror.co.uk/news/world-news/robots-allowed-trade-money-claim-8265094
Robots could be freed from their human masters and handed the power to own possessions under
radical new EU plans. Officials want to have ...
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FAR FROM FAIR USE: FOX NEWS V TVEYES

via Copyright Alliance by Terry Hart on 6/23/2016
URL: https://copyrightalliance.org/2016/06/far_fair_use_fox_news_v_tveyes
The Second Circuit is set to consider Fox News v TVEyes, on appeal from the Southern District
Court of New York, which held that the wholesale copying and delivery of high-resolution
television clips to paying subscribers is fair use.
GOOGLE WANTS $4M IN COSTS FROM ORACLE AFTER COPYRIGHT TRIAL

Google on Wednesday asked for a whopping $3.9 million in costs after defeating Oracle's $8.8
billion software copyright lawsuit in a blockbuster trial last month.
ADVERTISER PLEDGE SETS EXAMPLE OF ACCOUNTABILITY IN THE FIGHT

AGAINST PIRACY
via Mister Copyright by Kevin Madigan on 6/23/2016
URL: http://mistercopyright.org/advertiser-pledge-sets-example-of-accountability-in-the-fight-
against-piracy
It should come as no surprise that popular websites make money by hosting advertisements.
LED ZEPPELIN TRIUMPHS IN 'STAIRWAY' RIP-OFF TRIAL

A California federal jury Thursday rejected claims that Led Zeppelin stole the famed opening riff
of their 1971 megahit "Stairway to Heaven" from a song by the band Spirit, handing the
legendary English rock band a victory in the high-profile trial a day after closing arguments.
LED ZEPPELIN WINS 'STAIRWAY TO HEAVEN' JURY TRIAL

via Hollywood Reporter - THR, Esq. by Eriq Gardner & Ashley Cullins on 6/23/2016
URL: http://www.hollywoodreporter.com/thr-esq/led-zeppelin-wins-stairway-heaven-905866
A jury rules in the band's favor after hearing testimony and arguments that the iconic song was a
copyright infringement of Spirit's "Taurus."
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Joshua L. Simmons
JURY SAYS LED ZEPPELIN DID NOT RIP OFF "STAIRWAY TO HEAVEN"
URL: http://arstechnica.com/tech-policy/2016/06/jury-says-led-zeppelin-did-not-rip-off-
stairway-to-heaven/
A federal jury in Los Angeles on Thursday cleared Led Zeppelin of allegations that the band
infringed the opening of the classic rock song "Stairway to Heaven."
EX-REED SMITH ATTY REBUTS DQ ATTEMPT IN COPYRIGHT CASE

via Intellectual Property Law360 by Dani Meyer on 6/23/2016
A Powley & Gibson PC attorney representing an energy trade publication in its copyright suit
against a Cowen Group Inc. unit told a New York federal court Wednesday that he can't stand by
while his character is attacked as part of a bid to disqualify him for allegedly representing Cowen
when at Reed Smith LLP.
LED ZEPPELIN DID NOT STEAL 'STAIRWAY TO HEAVEN,' JURY SAYS

via NYT > Media & Advertising by Noah Gilbert & Ben Sisario on 6/23/2016
URL: http://www.nytimes.com/2016/06/24/business/media/led-zeppelin-did-not-steal-stairway-
to-heaven-jury-says.html
A federal jury said the hit song did not contain enough similarities to "Taurus," a song released
three years earlier by the band Spirit.
COMPUTER-GENERATED WORKS OUTSIDE THE BOX

via The Laboratorium by James Grimmelman on 6/23/2016
URL: http://2d.laboratorium.net/post/146367490860
In October, I participated in a delightful conference at Columbia's Kernochan Center on

"Copyright Outside the Box."
PRE-1972 SONGS PROTECTED BY STATE LAWS, RIAA TELLS COURT

Even if remastered versions of musical tracks recorded before 1972 were to qualify for federal
copyright protection as derivative works, a patchwork of copyright-like state laws would still
apply to the songs, the Recording Industry Association of America argued in New York federal
court on Wednesday.
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WHO'S ON FIRST?' APPEAL LOOKS LIKE CLOSE CALL IN 2ND CIRC.

via Intellectual Property Law360 by Pete Brush on 6/23/2016
The Second Circuit on Thursday seemed to view the dismissal of a suit filed by the estate of
comedy duo Abbott and Costello against the producers of a Broadway play featuring their
famous "Who's on First?" routine as a close question, with one appellate umpire suggesting the
copyright dispute should have proceeded to discovery.
CBS, PARAMOUNT TELL 'STAR TREK' FANS HOW THEY CAN MAKE FAN FILMS
WITHOUT GETTING SUED
URL: http://www.hollywoodreporter.com/thr-esq/cbs-paramount-tell-star-trek-905960
In the midst of a lawsuit targeting a crowfunded film, the two studios give 10 conditions.
LOSING ATTY FIGHTS $195K IN FEES IN JAY Z COPYRIGHT SUIT

The former attorney for a sound engineer who unsuccessfully sued rap superstar Jay Z for
copyright infringement said he shouldn't be personally held liable for a $195,000 fees award,
telling a New York federal judge on Wednesday that this could ruin his career.
KIRTSAENG II: FEES IN COPYRIGHT CASES DEPENDS ON REASONABLENESS OF

LITIGATION POSITION
via Intellectual Property, Patent, Trademark & Copyright News by Paul Devinsky & Teri H.P.
Nguyen on 6/23/2016
URL: http://www.natlawreview.com/article/kirtsaeng-ii-fees-copyright-cases-depends-
reasonableness-litigation-position
In its second opinion in the copyright dispute between Kirtsaeng and book publisher Wiley &
Sons, the Supreme Court of the United States has ruled that attorneys' fee awards under 17 USC
§ 505 should be largely left to the discretion of the district courts to "make a particularized case-
by-case assessment" without relying on a presumption one way or the other.
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Joshua L. Simmons
A "STAIRWAY TO HEAVEN" APPEAL WOULD BE A FRUITLESS CLIMB, ATTORNEYS

SAY
URL: http://www.hollywoodreporter.com/thr-esq/a-stairway-heaven-appeal-would-905922
The unanimous jury verdict in favor of Led Zeppelin would be tough to overturn.
CBS ISSUES PRIME DIRECTIVE FOR 'STAR TREK' FAN FILMS' IP USE
CBS Studios and Paramount Pictures on Thursday gave "Star Trek" fan filmmakers a rule book
to keep from finding themselves hit with legal action, a month after the studios said they are
trying to settle a prominent copyright suit against the maker of one such film.
LED ZEPPELIN WIN COULD BE A 'STAIRWAY' TO HELL FOR ACCUSER

Led Zeppelin's successful copyright defense of "Stairway to Heaven" on Thursday should

reassure defendants worried by another recent music industry verdict, and it could place the
legendary rock band among the first to use a freshly published U.S. Supreme Court decision to
stick its accuser with its legal fees.
PAGE AND PLANT'S WIN IN 'STAIRWAY TO HEAVEN' CASE SEEN AS BOLSTERING

SONGWRITERS' CREATIVE RIGHTS
URL: http://www.law.com/sites/articles/2016/06/23/page-and-plants-win-in-stairway-to-heaven-
case-seen-as-bolstering-songwriters-creative-rights/
Thursday's verdict for Led Zeppelin in the copyright trial over the 1971 hit song "Stairway to
Heaven" reaffirms the creative rights of songwriters while demonstrating the difficulties in
pursuing infringement over sheet music, according to legal experts following the case.
CNN, JOURNALISTS' GROUP AND OTHERS SIDE WITH FOX AGAINST TVEYES
via MediaPost by Wendy Davis on 6/23/2016
URL: http://www.mediapost.com/publications/article/278894/cnn-journalists-group-and-others-
side-with-fox-a.html
Television monitoring service TVEyes is a "low-level plagiarist" that "imposes a huge economic
impact on those who investigate and report the news," ...
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CNN SAYS TVEYES MORE LIKE MELTWATER THAN GOOGLE BOOKS

CNN, Hearst Television and others threw their weight behind Fox News on Friday in the
network's effort to shut down media-monitoring service TVEyes, comparing the startup to so-
called "clipping services" that have been declared illegal.
CBS AND PARAMOUNT ISSUE GUIDELINES TO 'STAR TREK' FANS

via FoxNews.com by Blanche Johnson on 6/24/2016
URL: http://www.foxnews.com/entertainment/2016/06/24/cbs-and-paramount-issue-guidelines-
to-star-trek-fans.html
This comes after a fan funded film, "Axanar," stirred a lawsuit based on whether or not elements
of the fan flick were copyrighted. On Thursday CBS ...
TELEVISION EDUCATION INC. FILES COPYRIGHT SUIT OVER MANUAL

via Northern California Record on 6/24/2016
URL: http://norcalrecord.com/stories/510937095-television-education-inc-files-copyright-suit-
over-manual
Television Education Inc. filed a complaint on June 23 in the U.S. District Court for the Eastern
District of California, Sacramento Division against ...
HYPOCRISY IS AS HYPOCRISY DOES IN COPYRIGHT FIGHT.

URL: http://illusionofmore.com/hypocrisy-is-as-hypocrisy-does-in-copyright-fight/
I recognize that it's vogue to malign the interests of copyright holders, particularly when various
pundits recount anecdotes of sympathetic-sounding new creators who find themselves as
defendants in a litigation. Recently, Andy at TorrentFreak published a lamentation on the excess
...
UNSWAYED BY AXANAR, CBS AND PARAMOUNT OFFER 10 RULES FOR FAN FILM
MAKERS
URL: http://arstechnica.com/the-multiverse/2016/06/cbs-paramount-offer-rules-for-fan-film-
makers-amid-axanar-dispute/
CBS and Paramount, the two studios that own the rights to Star Trek, announced a list of 10
guidelines for fan film creators this week.
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Joshua L. Simmons
THE MONKEY SELFIE CASE: APPLYING THE COMMON SENSE TEST

URL: http://hughstephensblog.net/2016/06/27/the-monkey-selfie-case-applying-the-common-
sense-test
If an infinite number of monkeys on an infinite number of typewriters worked long enough they
could produce the works of Shakespeare.
THE POSSIBLE EXTENSION OF RELATED RIGHTS TO PUBLISHERS IN EU

COPYRIGHT
via IPLJ by Peter Munnick on 6/27/2016
URL: http://www.fordhamiplj.org/2016/06/27/23056/
The European Commission has launched a public open consultation on 'the possible extension' of
related rights to publishers.
'HAPPY BIRTHDAY TO YOU' IS ONE STEP CLOSER TO BEING IN THE PUBLIC

DOMAIN
URL: http://www.hollywoodreporter.com/thr-esq/happy-birthday-you-is-one-906549
The song is expected to be officially freed in July.
WHY YOU'LL SOON HEAR A LOT MORE 'HAPPY BIRTHDAY' ON TELEVISION

via Fortune by Michal Addady on 6/27/2016
URL: http://fortune.com/2016/06/27/happy-birthday-to-you/
Music publishing company Warner/Chappell Music has for years claimed that it owns the
copyright to "Happy Birthday to You." That came to a halt this ...
HUCKABEE SETTLES 'EYE OF THE TIGER' IP INFRINGEMENT SUIT

Former Republican presidential candidate Mike Huckabee's campaign has settled a copyright
infringement suit in Illinois federal court that accused him of using the Grammy-winning song
"Eye of the Tiger" at a rally supporting Kentucky county clerk Kim Davis without permission,
according to a Monday media report.
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$4.8M FEE BID STALLS 'HAPPY BIRTHDAY' PUBLIC DOMAIN DEBUT

A California federal judge Monday said he would give final approval to a settlement putting
"Happy Birthday" into the public domain, but held off so Warner/Chappell Music Inc. can
bolster their opposition to a $4.62 million fee request from the copyright class action's prevailing
attorneys.
TVEYES AND THE SCOPE OF FAIR USE

URL: http://www.copyhype.com/2016/06/tveyes-and-the-scope-of-fair-use/
The Second Circuit is set to consider Fox News v TVEyes, with both parties having submitted
their briefs (see Fox News brief and TVEyes brief).
US COURTS SPLIT ON LEGALITY OF MUSIC SAMPLING

URL: http://www.ip-watch.org/2016/06/28/us-courts-split-on-legality-of-music-sampling/
De minimis non curat lex - the law does not concern itself with trifles. This venerable legal
principle is applied throughout the world, but not in one part of US copyright law. Copying any
part of a sound recording, no matter how tiny, is actionable copyright infringement, according to
an eleven year-old US appellate court ruling. Following that ruling, pop star Madonna found
herself sued because her hit song, Vogue, allegedly copied a fraction of a second of another
song. That copyright infringement suit was thrown out on 2 June, however, when a different
appellate court ruled that de minimis infringements of sound recordings do not create any
liability. Now US copyright law is in a muddle.
A NEW STANDARD FOR ATTORNEYS' FEE AWARDS IN COPYRIGHT CASES

via Intellectual Property Law360 by Barry I. Slotnick & Tal E. Dickstein on 6/28/2016
While the U.S. Supreme Court's recent attorneys' fees decision in Kirtsaeng v. John Wiley &
Sons - which directs lower courts to give significant weight to a losing party's objectively
unreasonable litigation position - is likely to deter some meritless copyright litigation, the
inability to collect a fee award from an impecunious litigant sometimes requires other methods of
deterrence, say Barry Slotnick and Tal Dickstein of Loeb & Loeb LLP.
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Joshua L. Simmons
PRE-1972 'REMASTER' RULING HEADS TO 9TH CIRC.

Song owners who filed class action litigation against CBS over so-called pre-1972 recordings are
heading to the Ninth Circuit to challenge a novel ruling last month that "remastered" versions of
old tracks played over the airwaves aren't even pre-1972 songs in the first place.
SECOND CIRCUIT DEEPENS RED FLAG KNOWLEDGE CIRCUIT SPLIT IN VIMEO

URL: http://cpip.gmu.edu/2016/06/28/second-circuit-deepens-red-flag-knowledge-circuit-split-
in-vimeo/
The Second Circuit's recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad.
TVEYES' SERVICE IS UNFAIR TO BROADCASTERS, 2ND CIRC. TOLD

via Intellectual Property Law360 by Natalie Olivo on 6/28/2016
Cable and broadcasting trade associations on Monday joined in on the closely watched Second
Circuit copyright fight between media monitoring service TVEyes Inc. and Fox News Network,
telling the court that redistributing content without compensation violates the fair use doctrine.
HILLARY CLINTON UNVEILS TECH PLATFORM

via WSJ.com: Technology by Colleen McCain Nelson on 6/28/2016
URL: http://www.wsj.com/articles/hillary-clinton-to-unveil-platform-on-technology-
1467108000
Democrat Hillary Clinton will release a wide-ranging "tech and innovation agenda" Tuesday,
detailing plans to connect every household to high-speed internet and to develop the next
generation of entrepreneurs.
POOJA BHATT: FIXING COPYRIGHT VIOLATION ON 'CABARET'

URL: http://timesofindia.indiatimes.com/entertainment/hindi/bollywood/news/Pooja-Bhatt-
Fixing-copyright-violation-on-Cabaret/articleshow/52952415.cms
Pooja Bhatt: Fixing copyright violation on 'Cabaret' ... Truth is my copyright has been violated
on the film & we are fixing that," Pooja posted On Twitter.
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'SO SUE ME': THE KANYE WEST GUIDE TO USING CELEBRITY IMAGES IN YOUR
MUSIC VIDEO
via Forbes by Nicholas Rozansky on 6/28/2016
URL: http://www.forbes.com/sites/legalentertainment/2016/06/28/so-sue-me-the-kanye-west-
guide-to-using-celebrity-images-in-your-music-video/
Thus, the use of a celebrity's image in itself would not make Mr. West liable for copyright
infringement. Rather, the lawsuit would be over Kanye's ...
RICHA CHADDA STARRER 'CABARET' FIGHTING COPYRIGHT ISSUES

via India Blooms on 6/28/2016
URL: http://indiablooms.com/ibns_new/video-details/SBZ/60715/richa-chadda-starrer-lsquo-
cabaret-rsquo-fighting-copyright-issues.html
Actor Richa Chadda starrer 'Cabaret' created a lot of buzz with its first look. But after the trailer
and few song releases, the ...
CLINTON LAYS OUT PRESIDENTIAL TECH & INNOVATION PLANS

URL: http://www.ip-watch.org/2016/06/29/clinton-lays-out-presidential-tech-platform/
US presidential candidate Hillary Clinton has issued highlights of her plan to boost the nation's
competitiveness in and attention to technology, internet and innovation if elected. The platform
hits many of the latest issues and buzzwords in those fields, continuing existing programs but
also pushing further in some areas. Among the plans: appoint a chief [...]
MUSIC INDUSTRY OUT OF HARMONY WITH YOUTUBE

via WSJ.com: Media & Marketing by Hannah Karp on 6/28/2016
URL: http://www.wsj.com/articles/industry-out-of-harmony-with-youtube-on-tracking-of-
copyrighted-music-1467106213
The music industry is locked in an epic battle with YouTube, the most popular on-demand
service, over the declining royalty rates the site pays per stream as it grows, and the difficulty in
detecting copyrighted material from the mass of videos uploaded on the site.
- 441 -
Joshua L. Simmons
PORN STUDIO THAT SUED THOUSANDS FOR PIRACY NOW FIGHTING ITS OWN
LAWYER
URL: http://arstechnica.com/tech-policy/2016/06/porn-studio-that-sued-thousands-for-piracy-
now-fighting-its-own-lawyer/
For years now, a porn studio called Malibu Media has filed more copyright lawsuits than any
other company.
CALIF. LAWMAKER DITCHES BID TO COPYRIGHT STATE RECORDS

via Courthouse News Service by Nick Cahill on 6/28/2016
URL: http://www.courthousenews.com/2016/06/28/california-ditches-bid-to-copyright-state-
records.htm
A contentious proposal giving California complete copyright authorization over public records
has been dismantled by ...
PORN COMPANY SAYS FLA. LAW FIRM BREACHED FIDUCIARY DUTY

via Intellectual Property Law360 by Nathan Hale on 6/28/2016
Miami law firm Lipscomb Eisenberg & Baker PL was sued Tuesday in California federal court
by adult film production company Malibu Media LLC for alleged negligence, breach of fiduciary
duty and fraudulent business practices related to its overseeing of the company's aggressive
copyright enforcement program.
HOW TO AVOID BEING TARGETED BY A COPYRIGHT TROLL

URL: http://www.thefashionlaw.com/home/how-to-avoid-being-targeted-by-a-copyright-troll
Last fall, Fortune published an article addressing the rise in copyright trolls in the fashion
industry. "Over the past few years, textile companies based ...
ANIMATED GIFS AND COPYRIGHT LAW

via IPLJ by Pieter Munnick on 6/29/2016
URL: http://www.fordhamiplj.org/2016/06/29/animated-gifs-copyright-law/
Few things convey emotion like an animated Graphics Interchange Format (GIF), and with
almost 23 million GIFs posted to Tumblr everyday.
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APPEALS COURT ASKS IF SOUND RECORDING RIGHTS CAN BE DIVESTED LIKE

MAGIC TRICKS
URL: http://www.hollywoodreporter.com/thr-esq/appeals-court-asks-sound-recording-907360
It's the 11th Circuit's turn to wade into the legal fight over the performance of pre-1972 songs.
11TH CIRC. SENDS PRE-1972 CASE TO FLA. SUPREME COURT

The Eleventh Circuit ruled Wednesday that the Florida Supreme Court, rather than a federal
appeals court, should resolve the tricky question of whether radio companies like SiriusXM must
pay royalties on songs recorded prior to 1972.
AMAZON INSPIRE REMOVES SOME CONTENT OVER COPYRIGHT ISSUES

via NYT > Media & Advertising by Natasha Singer on 6/29/2016
URL: http://www.nytimes.com/2016/06/30/technology/amazon-inspire-removes-some-content-
over-copyright-issues.html
Amazon Inspire, a resource site where teachers share lesson plans, removed three items after
complaints that the products were copyrighted materials.
MAN SUES APPLE FOR $10 BILLION FOR ALLEGEDLY STEALING HIS DESIGNS
FROM 1992
via Quartz by Ananya Bhattacharya on 6/29/2016
URL: http://qz.com/720063/man-sues-apple-for-10-billion-for-stealing-his-designs-from-1992/
In 2014, Ross also filed to copyright his technical drawings with the U.S. ... alleges Apple
misappropriated the ERD and infringed on the copyright.
ACTIVISION'S DMCA TAKEDOWN RESOLVED

via IPPro The Internet by Barney Dixon on 6/30/2016
Videogame Publisher Activision's takedown and copyright claim against sci-fi shooter Orion has
been resolved. The Digital Millennium Copyright Act ...
- 443 -
Joshua L. Simmons
MARRAKESH TREATY ENTERS INTO FORCE

URL: https://www.youtube.com/watch?v=t9xRLtGYRKg
WIPO Director General Francis Gurry reacts to the entry into force of the :
http://www.wipo.int/treaties/en/ip/marrakesh/ Marrakesh Treaty to Facilitate Access to Published
Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled. Canada
deposited the key 20th instrument of accession on June 30, 2016.
EXAMINER.COM SAILS TO VICTORY IN DMCA SAFE HARBOR - DIGITAL

MILLENNIUM COPYRIGHT ACT
via Intellectual Property, Patent, Trademark & Copyright News by Mary Hallerman on
6/30/2016
URL: http://www.natlawreview.com/article/examinercom-sails-to-victory-dmca-safe-harbor-
digital-millennium-copyright-act
Addressing whether the owner of a media website could invoke the safe harbor provision of the
Digital Millennium Copyright Act (DMCA), the US Court of Appeals for the 10th Circuit
affirmed the district court's grant of summary judgment in favor of the owner of Examiner.com,
noting that the defendant, an internet service provider (ISP), did not have actual or circumstantial
knowledge of the plaintiff's photographs that were posted to its website by independent
contractors.
WIPO TREATY ON COPYRIGHT EXCEPTIONS FOR VISUALLY IMPAIRED ENTERS IN

FORCE
URL: http://www.ip-watch.org/2016/06/30/wipo-treaty-on-copyright-exceptions-for-visually-
impaired-enters-in-force/
The World Intellectual Property Organization treaty to facilitate access to books in special
formats for visually impaired people will enter into effect, as the 20th member state acceded to
the treaty today.
STRANGE RULINGS AT THE SECOND CIRCUIT

URL: http://illusionofmore.com/strange-rulings-second-circuit/
The Second Circuit Court of Appeals handed down opinions on June 16th with two important
implications-one that looks like legislating from the bench by ignoring Section 301(c) of the
Copyright Act and another that appears to create a split with the Ninth Circuit over interpretation
of what's called "red flag" knowledge referring to § 512(c) of the DMCA.
- 444 -
JUSTICE DEPARTMENT WON'T ALTER MUSIC INDUSTRY ROYALTY RULES

URL: http://www.nytimes.com/2016/07/01/business/media/justice-department-wont-alter-music-
industry-royalty-rules.html
Ascap and BMI, clearinghouses for royalties, say that modifying their consent decrees was
urgently needed to adapt to the new world of online music.
NYIPLA SEMINAR: "HOT TOPICS IN INTELLECTUAL PROPERTY LAW" - JULY 20TH

IN NYC
via The TTABlog® by John L. Welch on 6/30/2016
URL: http://thettablog.blogspot.com/2016/06/nyipla-seminar-hot-topics-in.html
The New York Intellectual Property Association will host a seminar entitled "Hot Topics in
Intellectual Property Law" on Wednesday July 20, 2016, from noon to 5 PM, at the Princeton
Club, 15 West 43rd Street, New York City. NY and NJ CLE credits are available, including
ethics credits.
LEGISLATURE ENDS BID TO COPYRIGHT PUBLIC DOCUMENTS

via All Gov by Nick Cahill on 6/30/2016
URL: http://www.allgov.com/usa/ca/news/top-stories/legislature-ends-bid-to-copyright-public-
documents-160630
A contentious proposal giving California complete copyright authorization over public records
has been dismantled by lawmakers ...
YOUTUBE'S CONTENT ID EASILY FOOLED

URL: http://voxindie.org/youtubes-content-id-easily-fooled/
Doing the job, but not a very good job When people talk about effective ways to mitigate the
impact of online piracy, YouTube's Content ID is often used as an example of what works.
Unfortunately, despite its role as poster boy for anti-piracy tech, in reality it falls flat as a
gatekeeper against online piracy. Aside from [...]
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Joshua L. Simmons
VIDEO GAME ART SWIPED THIS WEEK BY BEIJING HOCKEY TEAM, FORD
DEALERSHIP
via Ars Technica by Sam Mchkovech on 6/30/2016
URL: http://arstechnica.com/gaming/2016/06/video-game-art-swiped-this-week-by-beijing-
hockey-team-ford-dealership/
On Wednesday, news hit the wire that a video game's indistinguishable logo and art style had
been lifted without permission, all done to advertise a wholly unrelated product. Sadly, the news
brought on a real case of deja vu. As in: wait, didn't this just happen?
GOOGLE RENEWS SANCTIONS BID FOR ORACLE ATTY IN JAVA IP SUIT

Google Inc. is revisiting accusations that an attorney representing Oracle Corp. in its blockbuster
Java code infringement suit against Google revealed confidential financial information in open
court, telling a California federal court Wednesday it wants sanctions now that the trial is over.
SINCLAIR LACKED LICENSE, MALICE IN COPYRIGHT ROW, JUDGE SAYS

A Maryland federal judge on Wednesday rejected Sinclair Broadcast Group's argument that it
had an implied license to use a media consulting company style guide but did not agree the
television company had acted with "actual malice" in a copyright infringement dispute.
THE TOP 7 COPYRIGHT RULINGS OF 2016: A MIDYEAR REVIEW

It's been a big first half of the year in the world of copyright law, with major rulings on copyright
trolling, pre-1972 recordings, music sampling and the fair use doctrine. Here are the seven you
need to know about, and why.
LAWYER WHO SUED LED ZEPPELIN SUSPENDED FROM PRACTICING LAW

URL: http://www.hollywoodreporter.com/thr-esq/lawyer-who-sued-led-zeppelin-907780
Francis Malofiy's suspension might mean he can't appeal the band's "Stairway to Heaven" win.
- 446 -
COCA-COLA COMPANY ACCUSED OF COPYRIGHT INFRINGEMENT

via Penn Record by Louie Torres on 6/30/2016
URL: http://pennrecord.com/stories/510941405-coca-cola-company-accused-of-copyright-
infringement
A Pennsylvania company is suing The Coca-Cola Company, a consumer food manufacturer,

citing alleged copyright infringement.
'HAPPY BIRTHDAY' COPYRIGHT SETTLEMENT GETS FINAL APPROVAL

A California federal judge on Thursday gave final approval to a $14 million settlement that will
place "Happy Birthday To You" in the public domain, bringing the copyright saga over the
traditional tune to an official close, save for the issue of plaintiffs' attorney fees.
- 447 -
Joshua L. Simmons
July 2016
HOW ORACLE'S BUSINESS AS USUAL IS THREATENING TO KILL JAVA

via Ars Technica by Sean Gallagher on 7/1/2016
URL: http://arstechnica.com/information-technology/2016/07/how-oracles-business-as-usual-is-
threatening-to-kill-java/
Stop me if you've heard this one before: Oracle has quietly pulled funding and development
efforts away from a community-driven technology where customers and partners have invested
time and code.
HIGH SCHOOL SHOW CHOIR THAT INSPIRED 'GLEE' SUED FOR STEALING MUSIC
URL: http://www.hollywoodreporter.com/thr-esq/high-school-show-choir-inspired-907881
Burbank Show Choirs spent about $100K on costumes last year but didn't pay a dime to license
the music they use, according to the lawsuit.
YOUTUBE TO CRITICS: MUSIC INDUSTRY'S FUTURE "BRIGHTER THAN EVER"

via Pitchfork by Marc Hogan on 7/1/2016
URL: http://pitchfork.com/news/66501-youtube-to-critics-music-industrys-future-brighter-than-
ever/
"While the recent concerns artists have made about the copyright safe harbor reflect a fear of
losing money from ad-supported streaming, the truth is, ...
WORLD BLIND UNION OFFICIAL WELCOMES ENTRY INTO FORCE OF MARRAKESH

TREATY
URL: https://www.youtube.com/watch?v=Ou8MLipPw2g
Chris Friend, Technical Advisor to the World Blind Union on the Marrakesh Treaty, reacts to
entry into force of the so called "books for blind" treaty. The Marrakesh Treaty entered into force
following accession by Canada on June 30, 2016. The treaty takes effect among its contracting
parties on September 30, 2016.
- 448 -
THREE YEARS LATER, DMCA STILL JUST AS BROKEN

via Mister Copyright by Matthew Barblan & Kevin Madigan on 7/1/2016
URL: http://mistercopyright.org/three-years-later-dmca-still-just-as-broken
In 2013, CPIP published a policy brief by Professor Bruce Boyden exposing the DMCA notice
and takedown system as outdated and in need of reform.
3RD CIRC. AFFIRMS SUSPENSION OF LED ZEPPELIN CASE ATTY

The song remained the same Thursday for the attorney who recently lost the "Stairway to
Heaven" copyright infringement suit when the Third Circuit upheld a district court order
suspending him for three months and a day.
GWEN STEFANI AND BRUNO MARS SEND COPYRIGHT LAW REFORM REQUEST TO
EU
via iNews by Luke Barber on 7/1/2016
URL: https://inews.co.uk/essentials/news/gwen-stefani-bruno-mars-send-copyright-law-reform-
request-eu/
Gwen Stefani is one of thousands of artists that claim video sharing website YouTube is not
being held to account for the copyright infringement ...
RANDOM HOUSE, FOX ESCAPE AUTHOR'S 'MAZE RUNNER' IP SUIT

A New Mexico federal judge on Thursday tossed an author's suit accusing Random House,
Twentieth Century Fox and others of infringing his copyrighted novel with "The Maze Runner,"
a young-adult science-fiction book that was adapted into a major motion picture.
NINTENDO TAKES DOWN NES VISUAL COMPENDIUM KICKSTARTER

via IGN by Wesley Copeland on 7/1/2016
URL: http://www.ign.com/articles/2016/07/01/nintendo-takes-down-nes-visual-compendium-
kickstarter
"This Kickstarter project makes unauthorized use of Nintendo's copyrights as noted above [on
the Kickstarter page]. The description of the book states ...
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Joshua L. Simmons
DOJ SNUBS ASCAP, BMI ON PARTIAL MUSIC RIGHTS LICENSING

via Intellectual Property Law360 by Jeff Zalesin on 7/1/2016
The U.S. Department of Justice has decided that the antitrust consent decrees governing ASCAP
and BMI currently require the music rights giants to license full works instead of partial interests
in compositions, and the agency wants to hold the organizations to that rule, ASCAP said
Thursday.
GWEN STEFANI AND BRUNO MARS ASK EU TO CHANGE COPYRIGHT LAWS

URL: http://www.worldipreview.com/news/gwen-stefani-and-bruno-mars-ask-eu-to-change-
copyright-laws-10378
Singers Gwen Stefani and Bruno Mars have urged the EU to alter copyright laws that allow
services like YouTube to profit from their music. Stefani and ...
GOOGLE TWISTS THE KNIFE, ASKS FOR SANCTIONS AGAINST ORACLE ATTORNEY
URL: http://arstechnica.com/tech-policy/2016/07/following-courtroom-win-google-wants-
sanctions-against-oracle-lawyer/
The second Oracle v. Google trial drew to a close in May, when a jury found that Google's use of
certain Java APIs wasn't a copyright infringement.
US FIRM FILES COPYRIGHT INFRINGEMENT CASE AGAINST 63 MOONS

TECHNOLOGIES
via The Economic Times by PTI on 7/4/2016
URL: http://economictimes.indiatimes.com/tech/ites/us-firm-files-copyright-infringement-case-
against-63-moons-technologies/articleshow/53050607.cms
... infringement of copyright of its software with reference to the licence agreement entered into
with them since 2008, a BSE communique said here.
NO COPYRIGHT IN DIGITAL BROADCAST STREAMS

via IP Pro The Internet by Barney Dixon on 7/4/2016
Australia's Full Federal Court has confirmed digital data streams are not protected by the
Copyright Act. The full panel upheld Justice Annabelle ...
- 450 -
BLIZZARD SUES 'CHEAT-MAKER' FOR BREACHING OVERWATCH COPYRIGHT

via Wired by Matt Kamen on 7/5/2016
URL: http://www.wired.co.uk/article/blizzard-sues-overwatch-cheat-maker-bossland
Blizzard claims Bossland has infringed on its copyrights in several ways, including allowing
third parties to create derivative works based on the game.
COPYRIGHTS VERSUS PATENTS TO PROTECT SOFTWARE INNOVATIONS. IP FOR

START-UPS, PART V. [VIDEO]
via Intellectual Property, Patent, Trademark & Copyright News by Michael D. Van Loy, Phd. on
7/5/2016
URL: http://www.natlawreview.com/article/copyrights-versus-patents-to-protect-software-
innovations-ip-start-ups-part-v-video
In this fifth "IP for Start-Ups" video, "Copyrights versus Patents to Protect Software
Innovations", Mike discusses the pros and cons of using copyrights or patents to protect your
software. There are advantages and challenges inherent in either approach, and Mike provides
insights into each. He gives particular attention to the Alice Corp v CLS Bank Int'l decision at
the US Supreme Court which made it much harder to patent software.
BLIZZARD FILES SUIT FOR COPYRIGHT INFRINGEMENT AGAINST OVERWATCH

CHEAT DEVELOPER
via Gamasutra by Bryant Frances on 7/5/2016
URL:
http://www.gamasutra.com/view/news/276444/Blizzard_files_suit_for_copyright_infringement_
against_Overwatch_cheat_developer.php
Blizzard's moving the payload forward on a new lawsuit aimed at stopping hackers in
Overwatch. Last week, the company filed suit in California ...
COPYRIGHT ROW CROPS UP BETWEEN TS, AP

via The Hindu by Adhra Pradesh on 7/5/2016
URL: http://www.thehindu.com/news/cities/Hyderabad/copyright-row-crops-up-between-ts-
ap/article8813768.ece
Another controversy between Telangana and Andhra Pradesh States appears inevitable with the
former lodging a formal complaint against the latter ...
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Joshua L. Simmons
BLIZZARD HITS GERMAN CHEAT BOT MAKER WITH DMCA SUIT

Blizzard Entertainment Inc., the video gaming giant behind "World of Warcraft," on Friday filed
a copyright suit against a German maker of software "bots" that allow players to cheat in
Blizzard games, including its recent blockbuster "Overwatch," alleging the bots violate the
Digital Millennium Copyright Act and have cost Blizzard millions.
UK.GOV ROLLS OUT 10 YEARS' CHOKEY FOR INDUSTRIAL SCALE COPYRIGHT

PIRATES
URL:
http://www.theregister.co.uk/2016/07/06/govt_wants_stiffer_copyright_penalty_for_heavy_duty
_pirates/
This is in the hope that criminal copyright cases are actually brought under copyright law.
Because the maximum sentence is currently only two years ...
COPYRIGHT BATTLE RAGES ON AGAINST SIRIUS XM RADIO

via Courthouse News Service by Izzy Kapnick on 7/6/2016
URL: http://www.courthousenews.com/2016/07/06/copyright-battle-rages-on-against-sirius-xm-
radio.htm
A challenge by 1960s rock band The Turtles to royalty-free broadcasts of their songs by Sirius
XM Radio requires input from the Florida ...
HOW TO MAKE YOUR COPYRIGHT-INFRINGING GAME LEGAL AGAIN

via IGN by Wesley Copeland on 7/6/2016
URL: http://www.ign.com/articles/2016/07/06/how-to-make-your-copyright-infringing-game-
legal-again
By Wesley Copeland PinkApp created a 3D take on the ever-popular Five Nights at Freddy's
(FNaF) series. But what happens when your game is a ...
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CLINTON EQUIVOCATES SO MASNICK OBFUSCATES.

URL: http://illusionofmore.com/clinton-equivocates-masnick-obfuscates/
Last week, Hillary Clinton released her Initiative on Technology and Innovation, brief, which
reads a bit like a missive from the Internet Association and does very little to clarify her own
views-possibly because she doesn't have any-on the role of ...
CORELOGIC BEATS COPYRIGHT SUIT OVER REAL ESTATE PHOTO INFO

CoreLogic beat class action litigation that claimed the real estate research firm improperly
altered property photos and removed information meant to curb copyright infringement as a
California federal judge found there was a lack of evidence to back the claims.
NEW COPYRIGHT RULES OUTLAW BOOTLEG DVDS

via Cayman Compass by Charles Duncan on 7/6/2016
URL: https://www.caymancompass.com/2016/07/06/new-copyright-rules-outlaw-bootleg-dvds/
Bootleg DVDs are a common business in Cayman, with entire stores dedicated to copying and
selling movies. Those businesses are preparing for the ...
ORACLE MOVES FOR NEW COPYRIGHT TRIAL AGAINST GOOGLE, RENEWS

MOTION FOR JUDGMENT AS A MATTER OF LAW
URL: http://www.fosspatents.com/2016/07/oracle-moves-for-new-copyright-trial.html
Despite the fact that Google's incorporation of more than 10,000 lines of Oracle's Java API
declaring code into Android does not merely fall short of fair use criteria but is simply the exact
opposite of fair use, a San Francisco jury, misguided by Judge William H. Alsup, misinformed
by Google's manipulative attorneys and misled by questionable witnesses, found in favor of
Google in May.
IP FIRM HALTS NOVEL COPYRIGHT CLASS ACTION

via The Recorder by Ben Hancock on 7/6/2016
URL: http://www.therecorder.com/id=1202761924977/IP-Firm-Halts-Novel-Copyright-Class-
Action
Proving infringement on a classwide basis has proven difficult because it often involves
individual-specific inquiries about whether the copyrights were ...
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Joshua L. Simmons
COPYRIGHT TROLL HANSMEIER AGREES TO SUSPENSION

via Minneosta Lawyer by Barbara L. Jones on 7/7/2016
URL: http://minnlawyer.com/2016/07/07/copyright-troll-hansmeier-agrees-to-suspension/
Enter your user name and password in the fields above to gain access to the subscriber content
on this site. Your subscription includes one set of login ...
ORACLE SEEKS TO REVIVE COPYRIGHT SUIT AGAINST GOOGLE

URL: http://www.therecorder.com/home/id=1202762025846/Oracle-Seeks-to-Revive-
Copyright-Suit-Against-Google
A San Francisco federal jury sided with Google in late May, finding that the company had made
fair use of Oracle's copyrighted material when building ...
DARLENE LOVE SUES SCRIPPS FOR USING CHRISTMAS SONG WITHOUT

PERMISSION
URL: http://www.hollywoodreporter.com/thr-esq/darlene-love-sues-scripps-using-909211
The broadcaster used Love's voice singing "Christmas (Baby Please Come Home)" for HGTV
ads without her consent, the suit claims.
COPYRIGHT CASES TO WATCH IN THE 2ND HALF OF 2016

It should be a fun second half of the year on the copyright front, with big cases on deck tackling
issues ranging from protection for apparel to golden-oldie sound recordings to the fair use
doctrine. Here are the cases attorneys say they'll be keeping a close eye on for the rest of 2016.
ORACLE SEEKS NEW TRIAL FOLLOWING GOOGLE'S FAIR USE VICTORY

Google Inc. concealed the scope of its plans to install Android operating technology on desktops
and used Oracle's copyrighted Java software code for purely commercial reasons that negates its
fair use defense against infringement, Oracle argued Wednesday in separate motions for a new
trial and directed judgment following its May defeat at the hands of a California federal jury.
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IBM FILES PATENT APPLICATION FOR METHOD TO STOP PRINTING OF

COPYRIGHTED MATERIAL
URL: http://www.ipwatchdog.com/2016/07/08/ibm-patent-method-stop-printing-copyrighted-
material/id=70673/
Although the type of copyright infringement that gets the most attention today in our digital age
is the downloading of music and/or movies, infringement of print and picture medium (such as
photographs) is also punishable under the Copyright Act, and are a very real problem for
publishers and photographers alike. Indeed, copyright infringement is an [...]
WARNER/CHAPPELL DEMANDS $800K IN FEES AND COSTS FROM 'STAIRWAY TO

HEAVEN' TRIAL LOSER
URL: http://www.hollywoodreporter.com/thr-esq/warner-chappell-demands-800k-fees-909270
The music publisher argues that it deserves it because it successfully defended an attempt to
wipe Led Zeppelin's greatest hit off the map from an attorney who allegedly misbehaved.
SUPREME COURT OFFERS GUIDANCE ON ATTORNEY'S FEES IN COPYRIGHT CASES

via Lexology on 7/8/2016
URL: http://www.lexology.com/library/detail.aspx?g=d887a88c-d437-44e5-b06d-d04af9d44383
Weighing in on attorney's fees in copyright cases, the U.S. Supreme Court unanimously held that
federal courts must consider a variety of factors when ...
FORD IP LAWSUIT MOTORS TOWARD COURT

URL: http://www.worldipreview.com/news/ford-ip-lawsuit-motors-toward-court-10412
A US motor company will face off against Ford after failing to dismiss several claims in a
copyright and trademark infringement lawsuit. Ford sued Autel ...
60S POP ICON DARLENE LOVE SUES HGTV OVER CHRISTMAS SONG
Singer Darlene Love hit Scripps Networks Inc. with a suit in a California federal court on
Thursday, accusing the television operator of using her song "Christmas (Baby Please Come
Home)" in advertisements for network HGTV's programming without her consent.
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Joshua L. Simmons
BLIZZARD BLASTS OVERWATCH COPYRIGHT CHEATS

The publisher of Overwatch has filed a complaint against the creator of cheat software for the hit
videogame, claiming copyright infringement. Blizzard ...
WARNER WANTS $800K FEES AFTER LED ZEPPELIN COPYRIGHT WIN

Warner/Chappell Music Inc. asked for nearly $800,000 in attorneys' fees and costs on Thursday,
following its victory last month over accusations that Led Zeppelin's "Stairway to Heaven"
infringed an obscure rock song - one of the first big fee requests to cite the U.S. Supreme Court's
recent ruling on the issue.
FOX NEWS FAIR USE CLAIM FOR FACEBOOK POST OF 9-11 IMAGE REMAINS
UNRESOLVED
via Lexology by Michael L. Nepple on 7/8/2016
URL: http://www.lexology.com/library/detail.aspx?g=6e222862-7681-4621-b1cc-c7bef897c3cc
Earlier this year, just hours before beginning jury selection, Fox News settled a copyright dispute
regarding its use of Thomas Franklin's iconic ...
CANADIAN LABELS SEE BUMP IN ROYALTIES FOLLOWING NEW COLLECTION

SOCIETY EFFIENCIES
via Billboard by Karen Bliss on 7/8/2016
URL: http://www.billboard.com/articles/business/7431158/canadian-labels-bump-royalties-
collection-societies-efficiency
In the U.S., the Copyright Office recently made it possible to file compulsory licenses digitally,
which will lower the bureaucratic burden on several ...
LONG ISLAND COUPLE SUES NEIGHBORS FOR 'STEALING DESIGN OF $1.48M

MANSION' THAT THEY HAD COPYRIGHTED
URL: http://www.dailymail.co.uk/news/article-3681776/Long-Island-couple-sues-neighbors-
stealing-design-1-48m-mansion-copyrighted.html
Seth and Rivka Fortgang have brought legal action against the couple because they had
copyrighted the design of their $1.48 million home. Rivka, an ...
- 456 -
YOUTUBE LEADS MUSIC CONSUMPTION WHILE PIRACY DIPS, ACCORDING TO UK

GOVERNMENT SURVEY
URL: http://www.billboard.com/articles/business/7431175/youtube-leads-music-consumption-
piracy-decline-uk-intellectual-property-office
Data was collected from over 5,000 recipients for the IPO report, which is the sixth edition of its
"Online Copyright Infringement Tracker." Across all ...
DISNEY, MARVEL SAY 'IRON MAN 3' LOOK NOT STOLEN FROM RADIX
via Daily News by Barbara Ross on 7/9/2016
URL: http://www.nydailynews.com/entertainment/movies/disney-marvel-iron-man-3-not-stolen-
radix-article-1.2704898
... suits of armor to fight enemies is simply not protectable under Hornbook copyright law - it is
an idea that no one copyright plaintiff can monopolize; ...
LED ZEP LAWYERS WANT $800K FOR DEFENDING "STAIRWAY TO HEAVEN"

LAWSUIT
URL: http://arstechnica.com/tech-policy/2016/07/led-zep-lawyers-want-800k-for-defending-
stairway-to-heaven-lawsuit/
Just weeks ago, Led Zeppelin defeated a Los Angeles federal copyright infringement lawsuit
claiming the opening to the 1971 classic "Stairway to Heaven" was a rip-off of the 1968
instrumental song "Taurus."
SOCA'S FIRST COPYRIGHT INFRINGEMENT CASE

via Sunday Express by Nikita Braxton-Benjamin on 7/9/2016
URL: http://www.trinidadexpress.com/20160709/news/socas-first-copyright-infringement-case
A HIGH COURT judge will be asked to listen to two soca songs to determine whether the
chorus of one of the songs was stolen from another ...
HOLLYWOOD DOCKET: WARNER BROS. SUED OVER BATCYCLE ROYALTIES

URL: http://www.hollywoodreporter.com/thr-esq/hollywood-docket-warner-bros-sued-909731
A roundup of some entertainment law developments including a $3.5 million judgment against
ReDigi, an appeallate decision on password sharing, and the NCAA at the Supreme Court.
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Joshua L. Simmons
NEW YORK PHOTOGRAPHER SUES BB KING ESTATE FOR COPYRIGHT

INFRINGEMENT
via American Songwriter by Annie Adams on 7/11/2016
URL: http://americansongwriter.com/2016/07/new-york-photographer-sues-b-b-king-estate/
A New York-based photographer is suing the estate of blues legend B.B. King and Universal
Music Group for copyright infringement.
CALIFORNIA ASSOC. OF REALTORS SUES PDFFILLER.COM FOR $136M FOR

'UNLAWFUL COPYRIGHT VIOLATIONS'
via HousingWire by Ben Lane on 7/11/2016
URL: http://www.housingwire.com/articles/37498-california-assoc-of-realtors-sues-
pdffillercom-for-136m-for-unlawful-copyright-violations
The California Association of Realtors claims that the website PDFfiller.com "willfully and
unlawfully" copied, used, and sold its copyrighted materials ...
COPYCAMP 2016 OPEN CALL

URL: http://www.ip-watch.org/2016/07/12/copycamp-2016-open-call/
The Modern Poland Foundation is pleased to launch an Open Call for Speakers at the 5th
International CopyCamp Conference (October 27-28, 2016 in Warsaw).
CHINA AND THE CONTENT INDUSTRY: FRIEND OR FOE? (PART TWO)

URL: http://hughstephensblog.net/2016/07/12/china-and-the-content-industry-friend-or-foe-part-
two
In my blog last week, I talked about the growing role of China as an essential revenue generator
for foreign content producers.
CREATIVE PIPE MUST EXPLAIN DISCOVERY DELAYS, JUDGE SAYS

via Intellectual Property Law360 by Matthew Guarnaccia on 7/12/2016
A Maryland federal magistrate on Monday said Creative Pipe Inc. needs to prove why it
shouldn't be held in contempt in a copyright case against furniture maker Victor Stanley Inc.
after it ignored court-ordered document requests and failed to pay more than $1 million in
sanctions.
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A FIGHT TO MAKE TWO CLASSIC SONGS COPYRIGHT FREE TO YOU AND ME

URL: http://www.nytimes.com/2016/07/13/business/media/happy-birthday-is-free-at-last-how-
about-we-shall-overcome.html
A firm that put "Happy Birthday" into the public domain now wants to rescind copyright
protection for "We Shall Overcome" and "This Land Is Your Land."
PHOTOGRAPHER SUES PUBLISHER IN COPYRIGHT CASE

via PennRecord by Louie Torres on 7/12/2016
URL: http://pennrecord.com/stories/510958158-photographer-sues-publisher-in-copyright-case
Michael Keller filed a complaint on July 8 in the U.S. District Court for the Eastern District of
Pennsylvania against Pearson Education Inc., alleging that ...
WHAT WENT DOWN AT THE DOJ

URL: http://illusionofmore.com/what-went-down-at-the-doj/
"... last week a former Google lawyer at the DOJ anti-trust division against the recommendation
of the US Copyright Office rammed through a 100% licensing rule that effectively brings the last
of the "free" songwriters under the consent decree." ... Continue reading ?
ATTORNEY'S FEES: SUPREME COURT PROVIDES GUIDANCE ON AVAILABILITY OF

ATTORNEY'S FEES AWARDS ...
via Lexology by Kenneth L. Chernof et al. on 7/13/2016
URL: http://www.lexology.com/library/detail.aspx?g=44602d2a-e256-4bc4-bb0a-3a7c0dd77bc5
The Copyright Act provides little guidance on the availability of attorney's fees, simply stating
that courts "may . . . award a reasonable attorney's fee to ...
BB KING ESTATE TARGETED IN COPYRIGHT ROW

via World IP Review on 7/13/2016
URL: http://www.worldipreview.com/news/bb-king-estate-targeted-in-copyright-row-10427
A US photographer is suing the estate of the late blues singer BB King and the artist's record
label Universal Music for allegedly using unauthorised ...
- 459 -
Joshua L. Simmons
FESTIVAL USES CC-LICENSED PIC WITHOUT ATTRIBUTION, PAYS THE PRICE

URL: http://arstechnica.com/tech-policy/2016/07/creative-commons-photo-misused-lawsuit/
A CC-licensed photo that was incorrectly used in an Italian festival's promotional materials has
led to a public apology by the organisers for not respecting the terms of the licence, and the
reimbursement of legal costs incurred.
GOOGLE RESPONDS TO MUSIC BIZ CRITICS, POINTS TO $2B IT HAS PAID OUT
via Ars Technica by Valendtina Palladino on 7/13/2016
URL: http://arstechnica.com/tech-policy/2016/07/google-responds-to-music-biz-critics-points-to-
2b-it-has-paid-out/
The back-and-forth war between YouTube and the music industry continues, this time with a
new privacy report from Google. In the company's "How Google Fights Privacy" report released
today, the company details data that shows YouTube has paid $2 billion to copyright holders
through its Content ID system.
HOLLYWOOD ACCUSED OF CONSPIRACY TO RID MARKET OF SERVICES

FILTERING PROFANITY, SEX AND VIOLENCE
URL: http://www.hollywoodreporter.com/thr-esq/hollywood-accused-conspiracy-rid-market-
910526
VidAngel responds to a copyright lawsuit with antitrust allegations.
TMZ CONTENDS JARED LETO DOESN'T OWN VIDEO WHERE HE CURSES TAYLOR
SWIFT
URL: http://www.hollywoodreporter.com/thr-esq/tmz-contends-jared-leto-doesnt-910544
The celebrity news site asserts that the author of the work is the one who held the camera (and
then leaked it).
OBAMA'S LEGACY: THE TRASHING OF FREE SPEECH

via Media and Communications Policy by Patrick Maines on 7/13/2016
URL: http://www.mediacompolicy.org/2016/07/articles/uncategorized/obamas-legacy-the-
trashing-of-free-speech/
No administration in memory has more thoroughly undermined freedom of speech and of the
press than that of President Obama.
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GOOGLE UPDATES ITS SELF-SERVING, DISINGENUOUS ANTI-PIRACY REPORT

URL: http://voxindie.org/google-self-serving-piracy-report/
Google's updated piracy report offers the same, tired excuses and obfuscation It's that time of
year. The time of year where Google rolls out a shiny update on its "How Google Fights Piracy"
report. Google began the tradition in 2013. At the time I noted that Google's claim to be a
"leader" in the fight [...]
GOOGLE DROPS CASE OVER MISS. AG'S PIRACY PROBE

Google Inc. on Wednesday quietly dropped its lawsuit against Mississippi's attorney general over
his investigation into the company's approach to illegal content, saying the two sides would
"collaborate" on addressing piracy.
TED CRUZ'S PRESIDENTIAL CAMPAIGN APPARENTLY COMMITTED COPYRIGHT

INFRINGEMENT. OOPS.
URL: http://blog.ericgoldman.org/archives/2016/07/ted-cruzs-presidential-campaign-apparently-
committed-copyright-infringement-oops.htm
I know it may be my own idiosyncratic and romanticized view of governance, but I hold
politicians to a higher standard when it comes to knowing, and complying with, the law.
GLOBAL INNOVATION, COPYRIGHT - SEATTLE, WA

URL: http://www.legalscholarshipblog.com/2016/07/13/global-innovation-copyright-seattle-wa/
The University of Washington School of Law's Center for Advanced Study & Research on
Innovation Policy (CASRIP) presents the 2016 Global Innovation Law Summit July 22, 2016.
YOUTUBE SAYS IT'S PAID $2 BILLION TO RIGHTS HOLDERS UNDER DMCA

CONTENT ID SYSTEM
via The Daily Dot by Rae Volta on 7/13/2016
URL: http://www.dailydot.com/upstream/youtube-copyright-payouts/
In Google's newly released "How Google Fights Piracy" report, the company says it has paid out
$2 billion to copyright holders since the launch of ...
- 461 -
Joshua L. Simmons
HAPPY BIRTHDAY' COUNSEL DEFEND $4.6M ATTY FEES BID

A $14 million settlement of a copyright class action placing "Happy Birthday To You" in the
public domain may have been approved last month by a California federal judge, but the attorney
fees' fight continues, with class counsel on Tuesday decrying the defense's opposition as "a
losing party's lament."
SENATE CONFIRMS NEW LIBRARIAN OF CONGRESS

via Intellectual Property Law360 by Michael Macagnone on 7/13/2016
The Senate moved past the stalled nomination and voted on Wednesday to confirm the first
African-American and female to be Librarian of Congress, a position that has broad sway over
copyright policy, including exceptions under the Digital Millennium Copyright Act.
TWO MORE SONGS COULD FOLLOW 'HAPPY BIRTHDAY' INTO THE PUBLIC
DOMAIN
via Fortune by Michal Addady on 7/13/2016
URL: http://fortune.com/2016/07/13/songs-public-domain/
Mark Rifkin is representing the plaintiffs in both cases, arguing that the copyright protections for
"We Shall Overcome" and "This Land Is Your Land" are ...
WIPO NAMES VIVENDI EXECUTIVE SYLVIE FORBIN OF FRANCE NEW DDG FOR
COPYRIGHT
URL: http://www.ip-watch.org/2016/07/14/wipo-names-vivendi-executive-sylvie-forbin-of-
france-new-ddg-for-copyright/
The World Intellectual Property Organization director general has named Sylvie Forbin of
France, a veteran diplomat and copyright industry representative, as the next head of the WIPO
Copyright and Creative Industries Sector. Forbin was chosen from more than 300 applicants,
according to WIPO.
- 462 -
REGISTRAR WARNS OVER 'DUNUNA REVERSE' COPYRIGHT

via Zambia Daily Mail on 7/13/2016
URL: https://www.daily-mail.co.zm/?p=72766
THE Registrar of Copyrights in Zambia has warned that it is an offence for anyone to reproduce,
distribute and communicate to the public or do any act ...
VIDANGEL COUNTERSUES HOLLYWOOD STUDIOS WITH ANTITRUST LAWSUIT

URL: http://variety.com/2016/biz/news/vidangel-antitrust-suit-disney-fox-warner-bros-
lucasfilm-1201813370/
They also claim that the studios have sought to "expand their copyright monopoly" by depriving
consumers of the right to buy and sell copyrighted ...
SENATE APPROVES CARLA HAYDEN AS NEW LIBRARIAN OF CONGRESS

via NPR by Camila Domonoske on 7/14/2016
URL: http://www.npr.org/sections/thetwo-way/2016/07/14/485992207/senate-approves-carla-
hayden-as-new-librarian-of-congress
With the overwhelming support of the Senate, Dr. Carla Hayden has been approved as the next
librarian of Congress. Hayden, the head of Baltimore's ...
CARLA HAYDEN CONFIRMED AS 14TH LIBRARIAN OF CONGRESS

via Washington Post by Peggy McGlone on 7/14/2016
URL: https://www.washingtonpost.com/news/arts-and-entertainment/wp/2016/07/13/carla-
hayden-confirmed-as-14th-librarian-of-congress/
It is the research arm of Congress, provides legal advice to its members, public programs and
assistance to scholars, and operates the Copyright ...
GOOGLE ENDS SPAT WITH MISSISSIPPI AG OVER HIS MPAA-TINGED

INVESTIGATION
URL: http://arstechnica.com/tech-policy/2016/07/google-ends-spat-with-mississippi-ag-over-his-
mpaa-tinged-investigation/
Google has ended its legal conflict with a Mississippi state official who opened a wide-ranging
investigation into the search giant's business practices.
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Joshua L. Simmons
NEW LIBRARIAN OF CONGRESS FACES COPYRIGHT MODERNIZATION

URL: http://www.bna.com/new-librarian-congress-n73014444728/
Carla D. Hayden, the long-time head of the Baltimore public library system, was confirmed as
librarian of Congress by a Senate vote of ...
GOOGLE: DEMOTING ONLINE PIRACY SITES IN SEARCH RESULTS HAS LED TO A

89% DECREASE IN TRAFFIC
via International Business Times by Mary-Ann Russon on 7/14/2016
URL: http://www.ibtimes.co.uk/google-downranking-online-piracy-sites-search-results-has-led-
89-decrease-traffic-1570688
The report, entitled "How Google Fights Piracy" is targeted at copyright holders like the
Hollywood entertainment industry, which have repeatedly ...
COMPANY SAYS COPYRIGHT INFRINGEMENT CONFUSES CUSTOMERS

URL: http://pennrecord.com/stories/510941402-company-says-copyright-infringement-confuses-
customers
Company says copyright infringement confuses customers ... Electric Supply, Lidong Ni, and
Xiaodan Zheng, citing alleged copyright infringement.
VENABLE FACES DQ, SANCTIONS IN SOFTWARE COPYRIGHT ROW

Live Face on Web LLC urged a Pennsylvania federal judge Thursday to sanction and disqualify
Venable LLP from representing the digital marketing company it is suing over a video software
licensing agreement, saying the firm previously promised not to represent any party in the case.
ANOTHER 'AVATAR' RIP-OFF SUIT FALLS FLAT IN CALIF. APPEAL

A California appeals court on Thursday shut down the latest in a string of suits accusing James
Cameron of stealing the idea for his blockbuster "Avatar," affirming dismissal of an author's suit
alleging Cameron and Mitchell Silberberg & Knupp LLP lied to avoid her copyright claim.
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COPYRIGHT INFRINGEMENT CLAIM IS DISMISSED AFTER THE COURT FINDS THE

APPLICANT IS NOT THE AUTHOR AND ...
via Lexology by Chantal Saunders et al. on 7/14/2016
URL: http://www.lexology.com/library/detail.aspx?g=dff3cda2-cc87-47ba-b756-f17d173c6728
This is an application for declarations and remedies related to alleged copyright infringement and
infringement of moral rights. The applicant claims ...
GOOGLE BRANDED 'PIRACY ENABLER' FOLLOWING COPYRIGHT CLAIM

via World IP Review by Evan Lorne on 7/15/2016
URL: http://www.worldipreview.com/news/google-branded-piracy-enabler-following-copyright-
claim-10776
The British Phonographic Industry (BPI) has criticised a report by Google outlining how it fights
copyright infringement,branding the company a "piracy ...
NEW ACT PROMISES COPYRIGHT SMALL CLAIMS COURT

An Authors Guild-backed federal bill that would create a court for small copyright claims has
been introduced into the House of Representatives.
SSRN POSTINGS AND COPYRIGHT

via PrawfsBlawg by Howard Wasserman on 7/15/2016
URL: http://prawfsblawg.blogs.com/prawfsblawg/2016/07/ssrn-postings-and-copyright.html
The following was sent by Stephen Henderson (Oklahoma) to the Law Prof Listserv; it is
reposted here with his permission. It is one experience and could be unique, but it presents
something to watch for. It appears that the corporate takeover of SSRN is already having a real
impact. When I posted a final PDF of an article for which not only do my co-author and I retain
the copyright, but for which the contract also includes _explicit_ permission to post on SSRN, I
received the typical happy "SSRN Revision Email" saying all was well. Only when I went to...
KURT SUTTER SLAMS GOOGLE, ARGUES FOR DMCA UPDATE

via Rolling Stone by Kurt Sutter on 7/15/2016
URL: http://www.rollingstone.com/music/news/kurt-sutter-slams-google-argues-for-dmca-
update-w429367
Marv: No technology can find all infringement considering the wide variety of copyrighted
works, the diversity of internet platforms, and the vast amount ...
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Joshua L. Simmons
FUGEES CO-FOUNDER SUES SHOWTIME FOR COPYRIGHT INFRINGEMENT

URL: http://www.hollywoodreporter.com/thr-esq/fugees-founder-sues-showtime-copyright-
911486
Pras Michel says the network has been illegally exploiting his documentary.
APPLE PROPOSES SIMPLIFIED STATUTORY LICENSING SCHEME TO DC

URL: http://www.billboard.com/articles/business/7439042/apple-simplified-statutory-licensing-
proposal-copyright-royalty-board
(Labels and other owners of recording copyrights negotiate their own terms.) The money is
divided into public performance and mechanical royalties, ...
FUGEES MEMBER SAYS SHOWTIME STOLE HIS DOCUMENTARY

Showtime is airing a documentary produced by Pras Michel, a founding member of The Fugees,
without paying him for it, according to a copyright suit filed in California on Friday alleging the
network got a signature from someone who wasn't authorized to license the film.
SPORTS PHOTOGS' SUIT AGAINST NFL, AP SURVIVES IN PART

A New York federal judge Friday allowed part of a lawsuit filed by professional sports
photographers against the NFL, Associated Press and others to proceed, saying the lensmen
sufficiently alleged that the exclusive licensing agreements they signed with the AP are void for
unconscionability.
APPLE, IN SEEMING JAB AT SPOTIFY, PROPOSES SIMPLER SONGWRITING

ROYALTIES
via N.Y. Times by Ben Sisario on 7/15/2016
URL: http://www.nytimes.com/2016/07/16/business/media/apple-in-seeming-jab-at-spotify-
proposes-simpler-songwriting-royalties.html
According to Apple's proposal, made with the Copyright Royalty Board, a panel of federal
judges who oversee rates in the United States, streaming ...
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MUSICIAN ALLOWED TO SUE COLLEAGUES OVER COPYRIGHT, FOLLOWING 12

YEARS IN COURTS
via The Star by Carole Maina on 7/15/2016
URL: http://www.the-star.co.ke/news/2016/07/16/musician-allowed-to-sue-colleagues-over-
copyright-following-12-years_c1386836
The High Court has given a musician the go-ahead to privately prosecute his colleagues over
copyright infringement. Albert Gacheru of the famous ...
STEP ASIDE RIAA, THE NEW CREATORS CARE ABOUT COPYRIGHT NOW.
via Adland by Kidsleepy on 7/15/2016
URL: http://adland.tv/adnews/step-aside-riaa-new-creators-care-about-copyright-
now/1204654696
A TL;DR for people who don't read articles all the way through because words: The whack-a-
mole DMCA system is as bad for Youtube content ...
APPLE'S NEW PROPOSAL FOR STREAMING MUSIC ROYALTIES COULD LEAVE

SPOTIFY OUT OF POCKET
via Techradar by David Nield on 7/16/2016
URL: http://www.techradar.com/news/audio/apple-s-new-proposal-for-streaming-music-
royalties-could-leave-spotify-out-of-pocket-1324969
Copyright regulators in the US are currently working out ways of improving the incredibly
complex system for calculating how much artists get paid ...
FUGEES CO-FOUNDER SUES SHOWTIME FOR COPYRIGHT INFRINGEMENT

URL: http://www.worldipreview.com/news/fugees-co-founder-sues-showtime-for-copyright-
infringement-11857
Pras Michel, co-founder of US band the Fugees, has filed a copyright infringement complaint
against US television networks Showtime and Showtime ...
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Joshua L. Simmons
FROM THE PIRATE BOOKSELLERS OF CHUNGKING STREET TO TAIWAN TODAY

(TAIWAN BLOG #1)
URL: http://hughstephensblog.net/2016/07/18/from-the-pirate-booksellers-of-chungking-street-
to-taiwan-today-taiwan-blog-1
Taiwan, 23 million people, lives in the shadow of its huge cousin on the mainland, China (the
Peoples' Republic), population 1.3 billion...more or less.
STAR ATHLETICA WARNS HIGH COURT ON APPAREL COPYRIGHTS

Cheerleading uniform company Star Athletica LLC fired its opening salvo Friday in a closely
watched copyright case at the U.S. Supreme Court, warning the justices that a ruling expanding
copyright protection for garments would be "deleterious to the public."
ORACLE WINS ROUND IN COPYRIGHT SUIT WITH HPE

URL: http://www.therecorder.com/litigation-news/id=1202762942712/Oracle-Wins-Round-in-
Copyright-Suit-With-HPE
The complaint, Evanson said, never alleged that HPE ever installed copyrighted software on a
server that didn't have a valid Oracle support contract.
USTR UNVEILS DIGITAL TRADE POLICY GROUP

via Intellectual Property Law360 by Rick Archer on 7/18/2016
The Office of the U.S. Trade Representative on Monday announced the formation of a
committee to promote global digital trade, which will develop policy responses to existing and
emerging barriers to digital trade around the world.
REPS ASK COPYRIGHT OFFICE TO ANALYZE FCC'S SET-TOP PLAN

A bipartisan group of four lawmakers wrote to the U.S. Copyright Office on Friday to ask that it
consider the Federal Communications Commission's plan to unlock the TV set-top box, seeking
a close look at the copyright implications of the proposal.
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PUBLISHER SEEKS TO OVERCOME COPYRIGHT SUIT OVER FAMOUS CIVIL RIGHTS

SONG
URL: http://www.hollywoodreporter.com/thr-esq/publisher-seeks-overcome-copyright-suit-
912113
The lawsuit seeks to put "We Shall Overcome" in the public domain and make defendants return
fees collected for licensing the song.
WILL.I.AM, TIMBERLAKE SAY 3-YEAR LIMIT CUTS DISCO IP DAMAGES

Will.i.am and Justin Timberlake took a swing at a suit alleging the pair owe the heir to dead
disco star Perry Kibble millions of dollars for allegedly sampling a Kibble song for their 2006 hit
"Damn Girl," telling a New York court Monday the heir can't ask for damages going back before
2013.
CISAC: 90 YEARS IN THE SERVICE OF AUTHORS AND COMPOSERS

via Intellectual Property Watch by Alexandra Nightingale on 7/18/2016
URL: http://www.ip-watch.org/2016/07/19/cisac-90-years-in-the-service-of-authors-and-
composers/
The International Confederation of Societies of Authors and Composers (CISAC), the world's
leading network of authors' societies, has published a book looking back at its 90 years in
existence. The CISAC Story - 90 Years in the Service of Authors and Creators Worldwide, was
distributed in three languages at the Confederation's General Assembly last month in Paris.
IP SKEPTIC DOCTOROW NOTICES A PROBLEM

URL: http://illusionofmore.com/ip-skeptic-doctorow-notices-problem/
Last week, Cory Doctorow reported on Boing Boing that Amazon has a growing counterfeit
products problem on its hands due to a change in company policy that allows Chinese suppliers
to sell direct on the platform, bypassing domestic importers.
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Joshua L. Simmons
WILL.I.AM, JUSTIN TIMBERLAKE MOVE TO DISMISS "DAMN GIRL" COPYRIGHT

SUIT
URL: http://www.hollywoodreporter.com/thr-esq/william-justin-timberlake-move-dismiss-
912191
The hit song was released in 2006, but the suit wasn't filed until a decade later.
SSRN AND COPYRIGHT

via Balkinization by Jason Mazzone on 7/19/2016
URL: http://balkin.blogspot.com/2016/07/ssrn-and-copyright.html
This week SSRN removed from public view two of my papers with the following note in the
comments attached to the files:
FILE-SHARING LAWSUIT NUMBERS DROP BY MORE THAN HALF

URL: http://arstechnica.com/tech-policy/2016/07/file-sharing-lawsuits-drop-by-more-than-half/
The number of copyright lawsuits over online file-sharing have dropped significantly this year,
according to data compiled by Lex Machina.
VIMEO RULING UPSET 'CENTURIES' OF COPYRIGHT LAW, RIAA SAYS

Capitol Records and the Recording Industry Association of America are urging the en banc
Second Circuit to toss out last month's panel ruling that the Digital Millennium Copyright Act's
safe harbors protect online hosts like Vimeo from liability even for pre-1972 recordings that
aren't covered by federal copyrights.
STAIRWAY' FEE BID BASED ON 'PERSONAL ATTACKS,' ESTATE SAYS

The estate that unsuccessfully accused Led Zeppelin of stealing the intro to "Stairway to
Heaven" is now fighting to avoid a nearly $800,000 fine for doing so, saying Monday the
demand is based on "irrelevant personal attacks" on the plaintiff's embattled attorney.
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FILMON URGES DC CIRC. TO PAUSE STREAMING TV FIGHT

Streaming service FilmOn X filed the opening brief Monday in its D.C. Circuit battle with
television broadcasters, pressing the court to hit pause in favor of a near-identical case at the
Ninth Circuit.
WE SHALL OVERCOME' NOT PUBLIC DOMAIN, PUBLISHER SAYS

The publishers that own the rights to 1960s protest song "We Shall Overcome" have asked a
New York federal court to toss out a proposed class action aimed at proving the civil rights
movement anthem is actually in the public domain.
GOOGLE DOES PLENTY TO FIGHT PIRACY, BUT CHALLENGES REMAIN

via Forbes by Nelson Granados on 7/19/2016
URL: http://www.forbes.com/sites/nelsongranados/2016/07/19/google-does-plenty-to-fight-
piracy-but-challenges-remain/
Google selects Content ID users based on applicants' scale and need to use copyrighted material,
ensuring they are well trained so that there is no ...
QUEEN NOT HAPPY DONALD TRUMP USED ITS MUSIC AGAIN

via Hollywood Reporter by Ryan Parker & Eriq Gardner on 7/19/2016
URL: http://www.hollywoodreporter.com/news/queen-not-happy-donald-trump-912395
Despite the complaints, a blanket license from ASCAP usually allows the performance of
copyrighted music without any special permission ...
PROF URGES 9TH CIRC. TO NIX ORE. IMMUNITY IN ORACLE IP SUIT

Law professor and constitutional law expert Erwin Chemerinsky filed an amicus brief Tuesday
in a Ninth Circuit appeal involving Oracle's copyright infringement suit against Oregon over the
state's heath insurance exchange, urging the court to recognize federal authority over copyright
law.
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Joshua L. Simmons
WHEN WILL THE COPYRIGHT ACT FAVOUR THE ARTIST?

via The Wire by Ananth Padmanbhan on 7/20/2016
URL: http://thewire.in/52771/when-will-the-copyright-act-favor-the-artist/
The Indian Copyright Act's centralised scheme for collective licensing is in shambles and
lawmakers would do well to remember this when proposing ...
GOOGLE, MICROSOFT CAN'T BE FORCED TO CENSOR "TORRENT" SEARCHES

URL: http://arstechnica.com/tech-policy/2016/07/paris-court-snep-torrent-search/
The high court of Paris has ruled that Google and Microsoft do not have to censor their search
engines to remove all results involving the world "torrent" used in conjunction with the names of
three French musicians.
FEDS LOOK TO SEIZE 'WOLF OF WALL STREET' RIGHTS AS PART OF MALAYSIAN

CORRUPTION ACTION
URL: http://www.hollywoodreporter.com/thr-esq/feds-look-seize-wolf-wall-912733
A complaint filed by the government discusses money to Martin Scorsese's company and who
Leonardo DiCaprio thanked during the Golden Globes.
COPYRIGHT TIPS FOR POLITICAL CAMPAIGNS AND THEIR CONSULTANTS

via Lexology by Joshua J. Kaufman et al. on 7/20/2016
URL: http://www.lexology.com/library/detail.aspx?g=c5b72c58-7cab-40d2-b925-e3a14e7f30e2
What do the campaigns of Sarah Palin, John McCain, Ted Cruz, Donald Trump, Newt Gingrich,
Rand Paul, Ralph Nader, Ronald Reagan, Mike ...
WAS MELANIA TRUMP'S PLAGIARISM ALSO COPYRIGHT INFRINGEMENT? (GUEST

BLOG POST)
URL: http://blog.ericgoldman.org/archives/2016/07/was-melania-trumps-plagiarism-also-
copyright-infringement-guest-blog-post.htm
The first night of the Republican National Convention generated quite a bit of controversy, as
Melania Trump was accused of plagiarizing a key passage in her speech from a similar passage
in Michelle Obama's speech at the 2008 Democratic Convention.
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SIDELOADING SERVICE DEFEATS COPYRIGHT INFRINGEMENT CLAIMS-BWP V.

POLYVORE
URL: http://blog.ericgoldman.org/archives/2016/07/sideloading-service-defeats-copyright-
infringement-claims-bwp-v-polyvore.htm
BWP Media is a celebrity photo agency and a repeat online copyright plaintiff.
DID MELANIA TRUMP INFRINGE 2008 OBAMA SPEECH?

URL: http://www.bna.com/melania-trump-infringe-n73014445037/
The difference between plagiarism and copyright infringement is important when considering
whether Trump's speech could give rise to a successful ...
ALLEGED FOUNDER OF WORLD'S LARGEST BITTORRENT DISTRIBUTION SITE

ARRESTED
URL: http://arstechnica.com/tech-policy/2016/07/kickasstorrents-alleged-founder-artem-vaulin-
arrested-in-poland/
Federal authorities announced Wednesday the arrest of the alleged mastermind of

KickassTorrents, the world's largest BitTorrent distribution site. As of this writing, the site is still
up.
U.S. LOOKS TO PROSECUTE OWNER OF KICKASS TORRENTS AFTER ARREST IN

POLAND
URL: http://www.hollywoodreporter.com/thr-esq/us-looks-prosecute-owner-kickass-912953
Artem Vaulin is charged with conspiracy to commit criminal copyright infringement.
UKRAINIAN MAN CHARGED OVER FILE-SHARING WEBSITE

via WSJ.com: Technology by Aruna Viswanatha on 7/20/2016
URL: http://www.wsj.com/articles/ukrainian-man-charged-over-file-sharing-website-
1469053441?mod=rss_Technology
The purported owner of one of the most-visited file-sharing websites was arrested in Poland
Wednesday on U.S. charges of unlawfully distributing more than $1 billion in movies,
videogames and other media, according to U.S. authorities.
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Joshua L. Simmons
HOLLYWOOD DOCKET: LED ZEPPELIN'S LEGAL FEES; WHITNEY HOUSTON'S

EMMY
URL: http://www.hollywoodreporter.com/thr-esq/hollywood-docket-led-zeppelins-legal-912790
A roundup of entertainment law news, including the highest paid corporate lawyers in the biz.
ZARA'S OWNER RESPONDS TO ARTIST'S COPY CLAIMS

via Vogue by Scarlett Conlon on 7/21/2016
URL: http://www.vogue.co.uk/news/2016/07/21/zara-responds-copyright-claims-tuesday-bassen
ZARA's owner Inditex has responded to claims that the popular Spanish high-street store
plagiarised Californian artist Tuesday Bassen's work over ...
CRUZ FOR PRESIDENT CANNOT AVOID COPYRIGHT INFRINGEMENT AND BREACH

OF CONTRACT CLAIMS
URL: http://www.lexology.com/library/detail.aspx?g=086efe0b-37b9-49f1-bd18-345a0fcd41fb
In May of 2016, "Cruz for President" and its ad agency (together "Cruz") were sued by a music
downloading website and two artists (collectively ...
DCA'S NEW REPORT ON ENABLING MALWARE

URL: http://illusionofmore.com/dcas-new-report-enabling-malware/
Andrew Orlowski reports at The Register that last week Google quietly suspended its legal
action to "muzzle" an investigation by Mississippi Attorney General Hood into whether or not
the search giant was abiding by the terms of its 2012, non-prosecutorial ...
ORACLE RENEWS MOTION FOR JUDGMENT AS A MATTER OF LAW AGAINST

GOOGLE
via JOLT Digest by Emily Chan on 7/21/2016
URL: http://jolt.law.harvard.edu/digest/software/oracle-renews-motion-for-judgment-as-a-
matter-of-law-against-google
Following an unfavorable verdict from a second jury and the Court's denial of the first motion
for judgment as a matter of law ("JMOL"), Oracle America, Inc. ("Oracle") filed a renewed
motion for JMOL pursuant to FRCP Rule 50(b). Oracle's second motion, filed July 6, 2016,
claimed that "no reasonable jury" could find that Google's "verbatim [and] entirely commercial"
copying of Oracle's code, in order to compete with Oracle, was fair use.
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NEW REPORT ON HOW (SOME) COMPANIES ENABLE MALWARE'S SPREAD

URL: http://voxindie.org/new-report-us-firms-enable-malware-on-web/
U.S. firms enable scammers to bait consumers and steal personal info Spam and scams have
become a way of life. Every day my in-box is full of emails warning that my Apple, PayPal or
Wells Fargo credentials have been compromised and instructing me to click a link to restore my
good standing. Of course, I'm [...]
COPYRIGHT LAWSUITS OVER ONLINE FILE-SHARING DROP IN 2016 Q2, STUDY

SAYS
via Law.com - Newswire by Ed Silverstein on 7/21/2016
URL: http://www.law.com/sites/articles/2016/07/21/copyright-lawsuits-over-online-file-sharing-
drop-in-2016-q2-study-says/
Different trends in each form of IP are much more mercurial and subject to short term
disturbances, Brian Howard, a legal data scientist at Lex Machina, said.
ZARA RESPONDS TO COPYRIGHT CLAIMS FROM ILLUSTRATOR TUESDAY

BASSEN, STOPS SELLING RELEVANT ITEMS
via Fashion Times by Kelsey Drain on 7/21/2016
URL: http://www.fashiontimes.com/articles/27176/20160721/zara-respnds-to-copyright-claims-
from-illustrator-tuesday-bassen-suspends.htm
Zara has recently come under fire for reportedly plagiarizing some work of California-based
illustration artist Tuesday Bassen on several items of ...
DOJ ARRESTS KICKASS TORRENTS' OWNER ON COPYRIGHT CHARGES

via Intellectual Property Law360 by John Kennedy on 7/21/2016
The owner of Kickass Torrents, one of the most visited websites in the world, was arrested on
Wednesday in Poland on copyright infringement charges brought in Illinois federal court, the
U.S. Department of Justice said.
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Joshua L. Simmons
EFF SUES FEDS OVER DCMA COPYRIGHT CIRCUMVENTION BAN

The Electronic Frontier Foundation sued the government in D.C. federal court over the "anti-
circumvention" provision in the Digital Millennium Copyright Act on Thursday, saying it overly
restricts public access and use of copyrighted materials for innovation and research in violation
of the First Amendment.
GOOGLE BLASTS ORACLE TRIAL BID, RENEWS ORRICK SANCTIONS CALL

Google Inc. on Wednesday defended a high-profile jury verdict that its use of Oracle's
copyrighted Java software code was protected by fair use, telling a California federal court
Oracle shouldn't get a new trial and reviving a sanctions bid against Orrick Herrington &
Sutcliffe LLP partner Annette Hurst.
EFF BRINGS FIRST AMENDMENT CHALLENGE TO DMCA

via Law.com - Newswire by Ben Hancock on 7/21/2016
URL: http://www.law.com/sites/almstaff/2016/07/21/eff-brings-first-amendment-challenge-to-
dmca/
The law's criminal penalties for breaking "digital locks" that guard music and software code
stifle legitimate research and business, the nonprofit contends.
FIRST LOOK, FACEBOOK'S NEW RIGHTS MANAGER TOOLS

URL: http://voxindie.org/first-look-facebooks-new-rights-manager/
Facebook has been promising for some time to introduce tools that would allow rights holders to
automatically detect and remove pirated content from its pages.
EFF SUES US GOVERNMENT, SAYING COPYRIGHT RULES ON DRM ARE

UNCONSTITUTIONAL
URL: http://arstechnica.com/tech-policy/2016/07/eff-sues-us-government-saying-copyright-
rules-on-drm-are-unconstitutional/
Since the Digital Millennium Copyright Act (DMCA) became law in 1998, it has been a federal
crime to copy a DVD or do anything else that subverts digital copy-protection schemes.
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SOFTWARE DEVELOPER HIT WITH SANCTIONS BID IN COPYRIGHT ROW

A software program owner being sued for $10 million by a South Korean native who claims he
developed the program and was falsely promised the copyright has urged a California federal
court to sanction the man, saying he's frivolously trying to relitigate issues that were settled more
than five years ago.
GEEKS SUE US GOVERNMENT OVER COPYRIGHT LAW, HERE'S A GUIDE

URL: http://fortune.com/2016/07/22/dmca-lawsuit/
Two men-a professor and an inventor-filed a remarkable lawsuit against the Justice Department
this week, claiming a controversial copyright law ...
U.S. CHAMBER APPLAUDS ACTIONS AGAINST MAJOR ILLEGAL FILE SHARING

SITE
via Global Intellectual Property Center by Courtney Paul on 7/22/2016
URL: http://www.theglobalipcenter.com/u-s-chamber-applauds-actions-against-major-illegal-
file-sharing-site/
U.S. Chamber of Commerce Global Intellectual Property Center (GIPC) Executive Vice
President Mark Elliot issued the following statement applauding this week's U.S. Department of
Justice actions involving the arrest of the owner of one of the world's largest illegal file sharing
site, KickAssTorrents (KAT):
CABLE LOBBY SET-TOP OFFER: NO DVR REQUIREMENT, NO MORE COMPROMISES

via Ars Technica by Jon Brodkin on 7/22/2016
URL: http://arstechnica.com/information-technology/2016/07/cable-lobby-set-top-offer-no-dvr-
requirement-no-more-compromises/
The cable industry's primary lobby group has provided more details on its counter-proposal to
the Federal Communications Commission's set-top box plan, and there's at least one thing cable
TV customers won't like.
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Joshua L. Simmons
KATY PERRY'S COSMETICS COMPANY SUED BY HARD CANDY FOR COPYRIGHT

INFRINGEMENT
via Music Times by Cailey Lindberg on 7/22/2016
URL: http://www.musictimes.com/articles/71784/20160722/katy-perrys-cosmetics-company-
sued-hard-candy-copyright-infringement.htm
Katy Perry attends the COVERGIRL Katy Kat Matte launch at The Waterfall Mansion on May
1, 2016 in New York City.
IP GROUP, ABA CLASH ON LACHES PATENT DEFENSE

The American Bar Association gave a thumbs-up and the Intellectual Property Owners
Association a thumbs-down on whether laches can and should continue as an allowed defense in
patent cases as both weighed in on a U.S. Supreme Court case between two hygiene companies
Friday.
UBER IP: A PRIMER ON THE PATENTS, TRADEMARKS AND COPYRIGHTS OWNED

BY UBER
via IPWatchdog.com | Patents & Patent Law by Audrey Ogurchak on 7/23/2016
URL: http://www.ipwatchdog.com/2016/07/23/uber-ip-patents-trademarks-copyrights/id=71167/
Uber has also obtained design patent protection for its user interfaces. The user interfaces would
not be eligible for protection under trademark law, therefore, design patent protection is the
strongest form of protection available. This protection prevents competitors or other companies
from mimicking the Uber app interfaces, thus eliminating customer confusion. As the term of
any design patent only lasts for 15 years, Uber will not be able to maintain the protection of the
interfaces...
BATTEN DOWN THE HATCHES-NAVY ACCUSED OF PIRATING 585K COPIES OF VR

SOFTWARE
URL: http://arstechnica.com/tech-policy/2016/07/batten-down-the-hatches-navy-accused-of-
pirating-585k-copies-of-vr-software/
A German maker of 3D virtual reality software is accusing the US Navy of engaging in wanton
piracy, and we're not talking about piracy on the high seas.
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SILENCED PRIEST BEQUEATHS COPYRIGHT

via The Times by Justine McCarthy on 7/23/2016
URL: http://www.thetimes.co.uk/article/silenced-priest-bequeaths-copyright-qlgn5q3d3
A Marist theologian, who had been silenced by the Vatican, transferred the copyright for his
books to a female colleague before his death. Seán Fagan ...
THE DANGEROUS COMBINATION OF CONTENT THEFT AND MALWARE

URL: http://mistercopyright.org/the-dangerous-combination-of-content-theft-and-malware
Malware, short for malicious software, has been used to infiltrate and contaminate computers
since the early 1980s.
ON CRIBBING, COPYRIGHT AND MRS. TRUMP'S RNC SPEECH

via Law.com - Newswire by J. Michael Keyes on 7/24/2016
URL: http://www.law.com/sites/articles/2016/07/24/on-cribbing-copyright-and-mrs-trumps-rnc-
speech/
OPINION: With platitudes about hard work and respect, Melania's address echoed one we'd
heard in 2008.
AFTER AEREO: APPLYING THE CABLE COMPULSORY LICENSE TO INTERNET

RETRANSMISSION SERVICES
via Columbia Business Law Review by Jake Makar on 7/24/2016
URL: http://cblr.columbia.edu/archives/13917
Jake Makar, After Aereo: Applying the Cable Compulsory License to Internet Retransmission
Services, 2016 Colum. Bus. L. Rev. 475 (2016). As Internet technology has advanced,
consumers have increasingly opted to view video content on their computer, tablet, and
smartphone screens instead of their television screens. In American Broadcasting Cos. v. Aereo,
Inc. ("Aereo III"), decided in 2014, the U.S. Supreme Court rejected one of the more creative
methods of delivering content via the Internet, closing a legal loophole by ruling that a company
[...] (More ?)
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Joshua L. Simmons
STEVIE WONDER CONGRATULATES UN DELEGATES ON ENTRY INTO FORCE OF

MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=mSKN2nsgylw
UN Messenger for Peace Stevie Wonder called for greater participation in the Marrakesh Treaty,
which recently garnered the 20 accessions or ratifications needed for entry into force on
September 30, 2016. Speaking to UN delegates in New York on Nelson Mandela International
Day, July 18, 2016, the longtime Marrakesh Treaty supporter urged greater efforts from
delegates to join the "Books for Blind" treaty that aims to boost accessibility to printed matter for
the hundreds of millions of people living with visual impairments around the globe.
"DON'T USE OUR SONGS"

URL: http://illusionofmore.com/dont-use-songs/
There was no way I could not share this. I recommend watching all the way through to the end.
Is the message entirely on solid ground copyright-wise? Not quite. Is the sentiment in the right
place? I think so. And ...
ZEPPELIN WIN IN 'STAIRWAY' RIP OFF TRIAL APPEALED TO 9TH CIRC.

via Intellectual Property Law360 by Steven Trader on 7/25/2016
The estate that unsuccessfully accused Led Zeppelin of stealing the famed opening riff of their
1971 megahit "Stairway to Heaven" has announced its intention to appeal to the Ninth Circuit
the California federal jury's decision in the high-profile trial that concluded late last month.
BEYONCE ASKS COURT TO TOSS 'LEMONADE' LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/beyonce-asks-court-toss-lemonade-914341
The star's lawyer argues her visual album and the short film it's accused of mimicking are "a
textbook example" of what does not constitute copyright infringement.
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WHY DONALD TRUMP SHOULD HAVE GOTTEN SONG PERMISSION FROM THE
ROLLING STONES (BUT NOT QUEEN)
URL: http://www.hollywoodreporter.com/thr-esq/why-donald-trump-should-have-914367
An ASCAP license covered much of what was played at the Republican National Convention.
But maybe not everything.
HBO SACKS ALLEGATIONS IT STOLE IDEA FOR 'BALLERS'

A California federal judge blocked a suit claiming HBO, Dwayne "The Rock" Johnson and Mark
Wahlberg stole the idea for a show on the rakish lives of football players from two screenwriters'
2007 pitch, ruling Monday that despite similarities the "themes and concerns are widely
different."
SEARCH ENGINE ISOHUNT HEAD SETTLES $66 MILLION LAWSUIT WITH MUSIC
CANADA
via Financial Post by Claire Brownell on 7/25/2016
URL: http://business.financialpost.com/fp-tech-desk/search-engine-isohunt-head-settles-66-
million-lawsuit-with-music-canada
Fung said he's glad Canada prevented copyright holders from getting personal information about
suspected pirates without a court order, but he thinks ...
ON CRIBBING, COPYRIGHT AND MRS. TRUMP'S RNC SPEECH

via Law.com - Newswire by J. Michael Keyes on 7/25/2016
URL: http://www.law.com/sites/articles/2016/07/25/on-cribbing-copyright-and-mrs-trumps-rnc-
speech/
OPINION: With platitudes about hard work and respect, Melania's address echoed one we'd
heard in 2008.
GETTY HIT WITH $1B COPYRIGHT SUIT OVER PHOTOG'S DONATIONS

A photographer filed on Monday a $1 billion copyright infringement suit in New York against
Getty Images' American arm, alleging that the company is sending out letters demanding
licensing fees for her photos that were donated to the Library of Congress.
- 481 -
Joshua L. Simmons
HP CAN'T NIX ORACLE'S SOFTWARE COPYRIGHT SUIT

via Intellectual Property Law360 by Cara Bayles on 7/25/2016
A California federal judge has denied Hewlett Packard Enterprise's request to throw out a lawsuit
alleging it distributed copyrighted Oracle software code through its tech support companies,
saying in an order unsealed Friday that he would allow the direct copyright and contract
interference claims.
A EUROPEAN PROPOSAL FOR THE MODERNISATION AND HARMONISATION OF

COPYRIGHT LAW
via Lexology by Lorenzo Attolico on 7/25/2016
URL: http://www.lexology.com/library/detail.aspx?g=2d5f607d-a51a-4fa3-8f80-56d98fe7f53d
On 9 December, 2015, the EU Commission revealed its expected plans for the modernisation of
copyright law. According to the Commission, the goal ...
LED ZEPPELIN 'STAIRWAY TO HEAVEN' COPYRIGHT TRIAL: APPEAL LAUNCHED

AFTER ROCKERS CLEARED OF PLAGIARISM
via Independent by Jess Denham on 7/25/2016
URL: http://www.independent.co.uk/arts-entertainment/music/news/led-zeppelin-stairway-to-
heaven-copyright-trial-appeal-launched-plagiarism-spirit-jimmy-page-robert-a7156201.html
Last month, a jury found that bandmates Jimmy Page and Robert Plant did not plagiarise their
iconic rock song from Spirit's 1969 instrumental track ...
APPEAL FILED IN LED ZEPPELIN COPYRIGHT CASE

via World IP Review by grynold on 7/26/2016
URL: http://www.worldipreview.com/news/appeal-filed-in-led-zeppelin-copyright-case-11935
In June, British rock group Led Zeppelin successfully won a copyright trial concerning its
"Stairway to Heaven" song, but the band may be heading ...
NYIPLA PROPOSES SUPREME COURT ADOPT A NEW TEST FOR COPYRIGHT

PROTECTION IN CHEERLEADER UNIFORM CASE
via IPWatchdog.com | Patents & Patent Law by Lauren Emerson on 7/26/2016
URL: http://www.ipwatchdog.com/2016/07/26/nyipla-new-test-copyright-cheerleader-uniform-
case/id=71238/
This case concerns Star Athletica's alleged infringement of Varsity Brands' purported copyrights
in the design of certain cheerleading uniforms. Under the Copyright Act, because clothing
- 482 -
possesses an intrinsic utilitarian function (covering the body, providing warmth and protection
from the elements, etc.), clothing designs historically have not been protected by copyright
unless the claimed design is physically or conceptually separable from the garment's utilitarian
features. The district...
COPYRIGHT IN TAIWAN: THE CHINA FACTOR

URL: http://hughstephensblog.net/2016/07/26/copyright-in-taiwan-the-china-factor
In my last blog, I talked about Taiwan's history of weak intellectual property protection going
back to the days of the "ingenious rascals", the industrial-scale book pirates of Chungking Street
in the 1950s and 1960s, but also about the remarkable change that has taken place in recent years
as it has climbed the ladder of creativity and innovation.
11TH CIRC. DEMOLISHES ANOTHER HOME-DESIGN COPYRIGHT SUIT

An Eleventh Circuit panel ruled Tuesday that a major luxury homebuilder couldn't sue a rival
firm for copyright infringement for building similar-looking homes, reiterating that such
architectural designs are entitled only to thin protection.
TREAT STREAMING THE SAME AS CABLE, INTEREST GROUPS SAY

Public interest groups pressed the D.C. Circuit on Tuesday to give streaming services like
FilmOn X access to the same automatic copyright license afforded to cable companies, saying
U.S. law should not "privilege incumbent video distribution services."
KIRTSAENG II: FEES IN COPYRIGHT CASES DEPEND ON REASONABLENESS OF

LITIGATION POSITION
via Intellectual Property, Patent, Trademark & Copyright News by Teri H.P. Nguyen on
7/26/2016
URL: http://www.natlawreview.com/article/kirtsaeng-ii-fees-copyright-cases-depend-
reasonableness-litigation-position
Under 17 USC § 505, a "court may . . .
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Joshua L. Simmons
3RD CIRC. WON'T RETHINK SUSPENSION OF 'STAIRWAY' ATTY

The Third Circuit summarily refused Tuesday to reconsider the three-month suspension of the
attorney who recently lost the closely watched "Stairway to Heaven" copyright infringement
case, letting stand a Pennsylvania federal court's finding of misconduct in a separate musical
copyright suit.
PLAINTIFF APPEALS 'STAIRWAY TO HEAVEN' COPYRIGHT VERDICT

via New York Post by Richard Morgan on 7/26/2016
URL: http://nypost.com/2016/07/26/plaintiff-appeals-stairway-to-heaven-copyright-verdict/
Skidmore established during a six-day trial in Los Angeles that his side had a valid copyright to
"Taurus" and that Led Zeppelin heard the song before ...
BEYONCÉ CLAIMS 'LEMONADE' DID NOT RIP OFF 'PALINOIA' SHORT FILM
via Music Times by Inigo Monzon on 7/26/2016
URL: http://www.musictimes.com/articles/71877/20160726/beyonc%C3%A9-claims-lemonade-
rip-palinoia-short-film.htm
... Ferber forwarded a motion to the Southern District Court of New York and maintained that his
client's visual album did not violate any copyright laws.
COPYRIGHT ON INDUSTRIAL DESIGN: THE IP COURT OF MILAN GRANTS

PROTECTION TO THE MOON BOOTS
via Lexology by Elena Martini on 7/26/2016
URL: http://www.lexology.com/library/detail.aspx?g=760d43b2-6cbd-40d8-b3fc-3a4d1eb4a71f
In a decision published on 12 July (no. 8628/2016), the IP Court of Milan granted copyright
protection to the Moon Boots by Tecnica Group S.p.A., the ...
EFF SAYS SECTION 1201 OF DMCA IS UNCONSTITUTIONAL

URL: http://illusionofmore.com/eff-says-section-1201-of-dmca-is-unconstitutional/
Last week, the Electronic Frontier Foundation filed suit against the federal government, naming
the DOJ and the Copyright Office as defendants. The EFF filed on behalf of plaintiffs Dr.
Mitchell Green, a computer scientist and researcher at Johns Hopkins; Andrew ...
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DMCA SAFE HARBOR PROTECTION INCLUDES PRE-1972 RECORDINGS

via Intellectual Property, Patent, Trademark & Copyright News by Ulrika E. Mattsson on
7/27/2016
URL: http://www.natlawreview.com/article/dmca-safe-harbor-protection-includes-pre-1972-
recordings
Vacating a district court's decision, the US Court of Appeals for the Second Circuit explained
that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects
material posted on websites of online hosts from liability, even for so-called pre-1972 recordings
that are not covered by federal copyright law.
GOOGLE ANTI-PIRACY REPORT CRITICISED BY CONTENT OWNERS

URL: http://www.ip-watch.org/2016/07/27/google-anti-piracy-report-criticized-by-content-
owners/
Google is doing more to counter online copyright infringement than ever before, it said in its
"How Google Fights Piracy 2016 Update," claiming takedowns of over 500 million webpages in
response to rights holder requests. Yet the music industry and an academic said the company
needs to up its game.
JARED LETO AIMS TO SAVE LAWSUIT AGAINST TMZ OVER VIDEO POSTING
URL: http://www.hollywoodreporter.com/thr-esq/jared-leto-aims-save-lawsuit-914922
The actor and musician disputes the contention he doesn't own the video where he curses Taylor
Swift.
LIBRARIES, GROUPS WELCOME WIPO COPYRIGHT APPOINTMENT, WITH HOPE

URL: http://www.ip-watch.org/2016/07/28/libraries-groups-welcome-wipo-copyright-
appointment-with-hope/
A range of highly active groups at the World Intellectual Property Organization representing
libraries, archives, and digital civil liberties this week welcomed the appointment of a copyright
industry lobbyist to lead WIPO copyright issues. But they have voiced their hope that the
appointee, Sylvie Forbin of France, will quickly show leadership on the promotion and support
of the cultural heritage sector as it relates to copyright.
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Joshua L. Simmons
PHOTOGRAPHER SUES GETTY IMAGES FOR SELLING PHOTOS SHE DONATED TO

PUBLIC
URL: http://arstechnica.com/tech-policy/2016/07/photographer-sues-getty-images-for-selling-
photos-she-donated-to-public/
A well-known American photographer has now sued Getty Images and other related companies-
she claims they have been wrongly been selling copyright license for over 18,000 of her photos
that she had already donated to the public for free, via the Library of Congress.
MUSO PIRACY REPORT SPOTS SOME NEW GLOBAL TRENDS

URL: http://voxindie.org/global-piracy-report-spots-some-new-trends/
A report in today's Torrent Freak noted that content protection firm (anti-piracy) firm Muso
recently released its annual Global Piracy Insights Report for 2016 so I was prompted to take a
look to see what what's new on the piracy landscape. According to the report there's been a,
"massive shift towards direct downloads for music content - growing by 31% in 2015" In
addition the report found that "28% of all visits to piracy sites in 2015 were through mobile
devises, up 8% during the year."
SONY SUED OVER 2014 HACK THAT EXPOSED MOVIE TO PIRACY

Sony Pictures Worldwide Acquisitions Inc. breached a distribution agreement by failing to

prevent a massive November 2014 data breach that exposed several movies to piracy, the maker
of one of those compromised films claimed in a lawsuit filed Wednesday in Florida federal court
seeking millions in damages.
KIM DOTCOM'S LAWYER WILL ALSO REPRESENT ALLEGED KICKASSTORRENTS

FOUNDER
URL: http://arstechnica.com/tech-policy/2016/07/kim-dotcoms-lawyer-will-also-represent-
alleged-kickasstorrents-founder/
Just over a week ago, federal authorities announced the arrest of a Ukrainian man that they say is
the mastermind of KickassTorrents (KAT), which, until recently, was the world's largest
BitTorrent search site.
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NEWSQUEST JOURNALISTS URGED NOT TO JUST 'FIND A PICTURE ON GOOGLE'

BECAUSE OF GROWING NUMBER OF ...
via PressGazette by Dominic Ponsford on 7/28/2016
URL: http://www.pressgazette.co.uk/newsquest-journalists-urged-not-to-just-find-a-picture-on-
google-because-of-growing-number-of-copyright-claims/
In a memo circulated around the group he said: "Copyright claims against Newsquest are
growing exponentially and are bringing real cost to the ...
SONY HACK RESULTS IN LAWSUIT OVER FAILURE TO PREVENT MOVIE PIRACY

URL: http://www.hollywoodreporter.com/thr-esq/sony-hack-results-lawsuit-failure-915251
According to the complaint, Sony contends it had "no obligation... to take any anti-piracy
measures whatsoever" with regards to the film, "To Write Love on Her Arms."
URBAN TEXTILE INC. FILES COPYRIGHT SUIT OVER FABRIC DESIGNS

via Northern California Record on 7/28/2016
URL: http://norcalrecord.com/stories/510966766-urban-textile-inc-files-copyright-suit-over-
fabric-designs
Urban Textile Inc. files copyright suit over fabric designs ... are accused of distributing items
featuring a copyrighted textile design without authorization.
STEPHEN COLBERT FACES IP THREAT OVER 'COLBERT' CHARACTER

Late night host Stephen Colbert said Thursday that he could no longer appear as his famous
fictionalized persona because "corporate lawyers" from "another company" had claimed the
conservative character as its intellectual property.
CAN VIACOM REALLY STOP STEPHEN COLBERT FROM PLAYING "STEPHEN

COLBERT"?
URL: http://www.hollywoodreporter.com/thr-esq/can-viacom-stop-stephen-colbert-915340
Why a lawsuit has the potential of becoming one of the all-time great cases concerning split
personality.
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Joshua L. Simmons
JOHN STEINBECK'S FAMILY SUES FOR COPYRIGHT FIGHT COVERAGE

The son of John Steinbeck has sued his insurance company for denying coverage of an
underlying 2014 lawsuit, brought by Steinbeck's late wife's daughter disputing who controls the
movie and stage rights of the author's work, according to California federal court complaint filed
Thursday.
TURTLES ATTYS WANT $50M CUT OF LABELS' PRE-1972 DEAL

Attorneys for The Turtles who won key rulings against Sirius XM Radio Inc. over pre-1972
records demanded Wednesday that the major labels pay more than $50 million in fees, once
again accusing the record companies of essentially excluding the lawyers from their own victory
party.
JUDGE CLEARS FOX SHOW 'EMPIRE' OF PIMP'S MEMOIR CLAIMS

Fox and the creators and star of its TV series "Empire" on Wednesday beat a $10 million
copyright infringement suit lodged by a self-described "gangsta pimp" after a California federal
judge ruled that the pimp's memoir wasn't overly similar to the world portrayed in the hit show.
FOX NEWS SUED OVER USE OF MEXICO BORDER PHOTO ON WEBSITE

via Hollywood Reporter - THR, Esq. by Tobias Burns on 7/28/2016
URL: http://www.hollywoodreporter.com/thr-esq/fox-news-sued-use-mexico-915435
This is one of several photography usage rights cases brought against Fox News in 2014.
AMICI JUMP INTO HIGH COURT'S APPAREL COPYRIGHT CASE

Intellectual property associations, public interest groups and prominent law professors all
weighed in last week at the Supreme Court in a closely watched case over how copyright law
applies to apparel, urging the justices to offer clear guidance in a murky area of law.
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EMPIRE' BEATS "GANGSTA PIMP'S" $10M COPYRIGHT SUIT

URL: http://www.hollywoodreporter.com/thr-esq/empire-beats-gangsta-pimps-10m-915490
Pimpin' ain't easy, and neither is winning a copyright lawsuit against a major network.
NO QUESTION' GOOGLE COPYING JAVA NOT FAIR USE, ORACLE SAYS

Oracle fired back Wednesday at Google's attempts to stub out its bid for a new trial after a high-
profile jury verdict that found Google's use of Oracle's copyright Java software code was
protected by fair use, saying "there's no question" the jury got it wrong.
PHOTOGRAPHER SUES GETTY IMAGES, ALLEGING IT IS WRONGLY SELLING

LICENSES TO HER PUBLIC-DOMAIN PHOTOS
via Los Angeles Times by Michael Hiltzik on 7/28/2016
URL: http://www.latimes.com/business/hiltzik/la-fi-hiltzik-getty-copyright-20160729-snap-
story.html
Photographer Carol Highsmith started donating copyrights to her photos to the Library of
Congress in 1988. So when she got a letter demanding $120 ...
ELIZABETH BANKS CAN'T STROLL PAST $500K 'WALK OF SHAME' SUIT

A California judge Thursday denied Elizabeth Banks' bid to ditch a state court contract suit
alleging she and others pilfered from a writer's screenplay for the movie "Walk of Shame,"
delivering the actress a setback following her August victory against a federal copyright suit over
similar allegations.
GETTY SUED FOR $1BN AFTER 'GROSS MISUSE' OF COPYRIGHT

via World IP Review by ymgerman on 7/29/2016
URL: http://www.worldipreview.com/news/getty-sued-for-1bn-after-gross-misuse-of-copyright-
11953
A photographer who claims Getty Images has been using her work without permission is suing
the image library for $1 billion. In a lawsuit filed at the ...
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Joshua L. Simmons
WHY WE LOVE FAIR USE

via Medium by Ruth Vitale on 7/27/16
URL: https://medium.com/@CreativeFuture/why-we-love-fair-use-5fe087a0c89c#.q8pgt5zd8
Sometimes people say we are opposed to fair use. They are wrong. We love fair use!
IRON MAN' COMPOSER'S LAWSUIT OVER GHOSTFACE KILLAH SAMPLING

REVIVED BY APPEALS COURT
URL: http://www.hollywoodreporter.com/thr-esq/iron-man-composers-lawsuit-ghostface-
915630
Sony must again face copyright claims over the rapper's second album, "Supreme Clientele," and
could be headed for the kind of trial that would go into some nuance about Marvel's history.
NAVY ACCUSED OF COPYRIGHT PIRACY

via Thomson Reuters by Jeff Matsuura & Craig Blakeley on 7/29/2016
URL: http://blog.legalsolutions.thomsonreuters.com/law-and-techology/navy-accused-of-
copyright-piracy/
broken copyright symbol In a recent lawsuit, the United States Navy has been accused of piracy -
copyright, not maritime. A German software ...
PETA TAKES INFAMOUS "MONKEY SELFIE" LAWSUIT TO APPEALS COURT

URL: http://www.hollywoodreporter.com/thr-esq/peta-takes-infamous-monkey-selfie-915544
The lawsuit that made copyright lawyers go ape is back for another round.
THE SUPREME COURT WILL CONSIDER A CASE ABOUT CHEERLEADING

UNIFORMS
via Vice by Charles Duan on 7/29/2016
URL: http://motherboard.vice.com/read/star-athletica-varsity-brands
Two of the Varsity Brands-copyrighted uniforms in the Star Athletica v. Varsity Brands case. On
the one hand, the stripe patterns would seem easily ...
- 490 -
PHOTOGRAPHER SUES GETTY IMAGES FOR $1 BILLION AFTER SHE'S BILLED FOR
HER OWN PHOTO
via ABA Journal by Lorelei Laird on 7/29/2016
URL:
http://www.abajournal.com/news/article/photographer_sues_getty_images_alleging_it_is_wrong
ly_selling_licenses_to_h
Furthermore, her lawsuit says, Getty nowhere identified her as the sole creator or copyright
owner of the photographs it was hawking to the public.
GETTY IMAGES, ALAMY AND PICSCOUT FACE $1BN LAWSUIT FOR ILLEGALLY
SELLING FREE USAGE PHOTOGRAPHS
via International Business Times by Mary-Ann Russon on 7/29/2016
URL: http://www.ibtimes.co.uk/getty-images-face-1bn-lawsuit-illegally-selling-photos-meant-
be-used-free-by-public-1573283
Hilariously, the lawsuit states that Highsmith was only made aware of the ongoing copyright
infringement after a body called License Compliance ...
COPYRIGHT COUNSEL EAGER FOR CLARITY ON FAIR USE FOR VIRAL VIDEOS
via Law.com - Newswire by Megan Spicer on 7/29/2016
URL: http://www.law.com/sites/articles/2016/07/29/copyright-counsel-eager-for-clarity-on-fair-
use-for-viral-videos/
Infringing someone's cat video is one thing, but licensing shops may be on shaky ground when it
comes to police abuse clips.
SONY IRON MAN COPYRIGHT ROW GETS NEW LIFE AT 2ND CIRC.
Sony Music Entertainment will have to face a lawsuit by the man who wrote the 1960s Iron Man
theme song after the Second Circuit on Friday concluded the song's ownership was disputed and
revived the writer's copyright claim over Ghostface Killah's sampling of the track.
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Joshua L. Simmons
2ND CIRC. REVIVES FIGHT OVER 'IRON MAN' THEME

URL: http://www.courthousenews.com/2016/07/29/2nd-circ-revives-fight-over-iron-man-
theme.htm
The Second Circuit on Friday revived a five-year-old copyright beef between rapper Ghostface
Killah and Sony and the ...
MUSIC STARS PLEAD "DON'T USE OUR SONG" ON JOHN OLIVER'S HBO SHOW
URL: http://www.bna.com/music-stars-plead-b73014445630/
But Barry I. Slotnick, a copyright lawyer with Loeb & Loeb LLP, New York, said one could
argue that those uses cross into quasi-commercial territory.
- 492 -
August 2016
A NEW AND FREE SERVICE LOOKS TO TACKLE COPYRIGHT INFRINGEMENT FOR

PHOTOGRAPHERS
via Fstoppers by Peter House on 7/31/2016
URL: https://fstoppers.com/business/new-and-free-service-looks-tackle-copyright-infringement-
photographers-140442
Last year I reported on Pixsy a start-up which was aiming to tackle copyright infringement for
photographers. It looked promising but after giving it a ...
GETTY'S COPYRIGHT CLAIM BACKFIRES

Getty Images might be regretting its $120 copyright claim against Carol Highsmith, because the
photographer has responded emphatically with a $1 ...
WHY IS FIGHT FOR THE FUTURE ROCKING AGAINST THE TPP?

URL: http://illusionofmore.com/fight-future-rocking-tpp/
I will admit it right now. I have not read the full text of the Trans Pacific Partnership agreement.
And I don't intend to. I also do not have even encyclopedia-entry knowledge about all of the
other 11 countries involved ...
WARNER BROS TARGETS REDDIT LINKS IN COPYRIGHT ROW

URL: http://www.worldipreview.com/news/warner-bros-targets-reddit-links-in-copyright-row-
11959
Warner Bros has accused social news networking site Reddit of infringing copyright via a forum
dedicated to helping internet users access pirated ...
MONKEY SELFIE' COPYRIGHT CASE APPEALED TO 9TH CIRCUIT

URL: http://www.reuters.com/article/ip-monkey-copyright-idUSL1N1AI09D
Naruto, a rare crested macaque that took a now internationally famous "selfie," should be
considered the author and copyright owner of the photo even ...
- 493 -
Joshua L. Simmons
ULTIMATE ARMWRESTLING LEAGUE FLEXES ITS LEGAL MUSCLES OVER USE OF

COPYRIGHTED PHOTO
via Intellectual Property, Patent, Trademark & Copyright News by L. Robert Batterman et al. on
8/1/2016
URL: http://www.natlawreview.com/article/ultimate-armwrestling-league-flexes-its-legal-
muscles-over-use-copyrighted-photo
The world of armwrestling has come a long way since the days of Lincoln Hawk (played by
Sylvester Stallone) battling it out on the big stage in Las Vegas in the 1987 movie Over the Top.
Multiple competitive armwrestling leagues now exist and the sport's popularity, both in viewer
consumption and athlete participation, has steadily grown. Each league is similarly structured as
a competitive armwrestling association consisting of set matches for monetary prizes.
SIRIUS WANTS PRE-1972 SONGS CLASS DECERTIFIED

Sirius XM Radio Inc. is urging a federal judge to rule that song owners seeking payment for pre-
1972 songs must each sue individually, a potentially crushing blow to a long-running class action
launched by 1960s rock band The Turtles.
COURT REINSTATES COPYRIGHT SUIT BY WRITER OF '60S 'IRON MAN' SONG

via Law.com - Newswire by Joel Stashenko on 8/1/2016
URL: http://www.law.com/sites/articles/2016/07/29/court-reinstates-copyright-suit-by-writer-of-
60s-iron-man-song/
The Second Circuit has reinstated a copyright infringement claim of a songwriter who says the
"Iron Man" theme he composed for a television adaptation of Marvel superheroes comics in the
1960s was illegally appropriated by hip hop artist Ghostface Killah.
ROSS STORES, GREENA ACCUSED OF USING COPYRIGHTED FABRIC DESIGNS

via Norcal Record by Wadi Reformado on 8/1/2016
URL: http://norcalrecord.com/stories/510981367-ross-stores-greena-accused-of-using-
copyrighted-fabric-designs
LOS ANGELES - A Commerce company and a Dublin company are accused by a Los Angeles
business of distributing garments with its copyrighted ...
- 494 -
LETTER ON FCC SET-TOP BOX REGULATION ONCE AGAIN CONFUSES THE ISSUE
URL: http://mistercopyright.org/letter-on-fcc-settop-box-regulation-once-again-confuses-the-
issue-1
Last week, a group of law professors wrote a letter to the acting Librarian of Congress in which
they claim that the current FCC proposal to regulate cable video navigation systems does not
deprive copyright owners of the exclusive rights guaranteed by the Copyright Act.
GETTY STOLE 47K SPORTS PHOTOS, SUIT SAYS

Getty Images Inc. was hit Tuesday with a second lawsuit in less than two weeks accusing the
photo-licensing giant of asserting overreaching claims to tens of thousands of photos it doesn't
own.
COPYRIGHT INFRINGEMENT PLEA AGAINST UPCOMING FILM SCRIPT DISMISSED

via The Times of India by Swati Deshpandel on 8/2/2016
URL: http://timesofindia.indiatimes.com/entertainment/Copyright-infringement-plea-against-
upcoming-film-script-dismissed/articleshow/53509906.cms
In a major relief to producers of Mohenjo Daro, an epic period drama film starring Hrithik
Roshan to be released soon, the Bombay high ...
"MONKEY-SELFIE" COPYRIGHT CASE APPEALED TO NINTH CIRCUIT

via Legal Solutions Blog by Adam Wiatros on 8/2/2016
URL: http://blog.legalsolutions.thomsonreuters.com/top-legal-news/monkey-selfie-copyright-
case-appealed-to-ninth-circuit/
In 2011, Naruto took a series of selfies with a camera set up on a nature reserve in Indonesia. His
big eyes and great smile were only a small part of ...
COURT OF APPEAL: INTERNET SERVICE PROVIDERS MUST ASSIST IN

IDENTIFYING COPYRIGHT INFRINGERS
via Irish Legal News by Roise Connolly on 8/2/2016
URL: http://www.irishlegal.com/4953/court-of-appeal-internet-service-providers-must-assist-in-
identifying-copyright-infringers/
On receipt of the third copyright infringement notice, UPC is then required to send the relevant
rights-holders a notification that the particular subscriber ...
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Joshua L. Simmons
FAILURE TO REGISTER LEBRON JAMES' TATTOO AS COPYRIGHT PROVES COSTLY

URL: http://www.hollywoodreporter.com/thr-esq/failure-register-lebron-james-tattoo-916627
The game isn't over, but NBA 2K16 just scored big in a copyright lawsuit over players' tattoos.
TATTOO CO. LOSES SOME DAMAGES CLAIMS OVER 'NBA 2K' GAMES
via Intellectual Property Law360 by Joyce Hanson on 8/2/2016
A New York federal judge on Monday dismissed a tattoo licensing company's bid to recover
statutory damages and attorneys' fees in a copyright infringement suit against the makers of the
"NBA 2K" video games over their depictions of National Basketball Association stars' tattoos.
NBA 2K VIDEOGAME MAKER WINS DISMISSAL OF BIG TATTOO DAMAGES CLAIM

URL: http://www.reuters.com/article/us-take-two-interac-lawsuit-nba-tattoos-idUSKCN10D28X
Swain said U.S. copyright law imposed a "bright-line" rule precluding recovery of statutory
damages when the first of a series of infringements occurred ...
SUPREME COURT CLARIFIES STANDARD FOR AWARDING ATTORNEY FEES IN

COPYRIGHT CASES
via Lexology by Leslie Steinau on 8/2/2016
URL: http://www.lexology.com/library/detail.aspx?g=e999d5c1-95dd-4ced-b851-bf0bd0392a2b
In most lawsuits in this country, each party pays its own attorney fees regardless of who wins,
except where a contract between the parties or a specific ...
EMBRACING OPEN SOURCE SOFTWARE: ADVANTAGES AND RISKS

via Law.com - Newswire by Stephen J. Weed on 8/3/2016
URL: http://www.law.com/sites/articles/2016/08/02/embracing-open-source-software-
advantages-and-risks/
Many business and government -organizations rely on open source software (OSS). One of the
most common and widely known -examples is the Linux operating system. While the use of OSS
can provide numerous advantages such as inexpensive and particularly robust software that has
been debugged and -optimized by -numerous -programmers, there are also attendant risks. This
article explores OSS and its use generally in commercial settings. An -overview of OSS is
provided along with a discussion of its -popularity with programmers and several associated
- 496 -
risks. Additionally, a brief description of -various OSS licenses is provided. A -follow-up -article
will provide a strategy for developing a policy to -manage OSS use.
REMEMBER THE MONKEY WHO CLICKED A SELFIE? NOW PETA FILES LAWSUIT
TO GIVE HIM THE COPYRIGHT!
via India Times on 8/3/2016
URL: http://www.indiatimes.com/news/india/remember-the-monkey-who-clicked-a-selfie-now-
peta-files-lawsuit-to-give-him-the-copyright-259399.html
The People for the Ethical Treatment of Animals (PETA) animal rights organisation has filed an
appeal to the US Court of Appeals for justice to Naruto, ...
GETTY IMAGES SUED AGAIN OVER ALLEGED MISUSE OF OVER 47,000 PHOTOS
URL: http://arstechnica.com/tech-policy/2016/08/getty-images-sued-again-over-alleged-misuse-
of-over-47000-photos/
Getty Images has been hit with a second copyright-related lawsuit less than a week after famed
photographer Carol Highsmith sued the company.
IP ROUNDTABLE - FORT WORTH, TX

URL: http://www.legalscholarshipblog.com/2016/08/03/ip-roundtable-fort-worth-tx/
Texas A&M University School of Law presents the Second Annual Texas A&M Intellectual
Property Scholars Roundtable Oct. 7-8, 2016.
PAY UP! GETTY SENDS TROLLING LETTER TO PHOTOGRAPHER HIGHSMITH

DEMANDING MONEY FOR HER OWN ...
via Forbes by Bryan Sullivan on 8/3/2016
URL: http://www.forbes.com/sites/legalentertainment/2016/08/03/pay-up-getty-sends-trolling-
letter-to-photographer-highsmith-demanding-money-for-her-own-photos/
(Public use, yes, but Highsmith still retains the copyrights to all of her photos). In addition, Getty
and Alamy had been selling thousands of Highsmith's ...
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Joshua L. Simmons
U.S. COPYRIGHT OFFICE CRITICIZES FCC'S PLAN ON SET-TOP BOXES

via WSJ.com: Media & Marketing by John D. McKinnon on 8/3/2016
URL: http://www.wsj.com/articles/u-s-copyright-office-criticizes-fccs-plan-on-set-top-boxes-
1470260812?mod=rss_media_marketing
The U.S. Copyright Office criticized a federal agency's plan to open up the market for pay-TV
set-top boxes in a letter to lawmakers on Wednesday.
2K SPORTS SCORES PARTIAL VICTORY IN BIZARRE TATTOO COPYRIGHT

LAWSUIT
via Polygon by Owen S. Good on 8/3/2016
URL: http://www.polygon.com/2016/8/3/12371854/nba-2k-tattoo-lawsuit-lebron-james-kobe-
bryant
Take-Two Interactive, the parent company of 2K Sports, has won a partial but significant victory
in a lawsuit over NBA players' copyrighted tattoos that ...
ONLY AWARENESS CAN MAKE THE COPYRIGHT LAW IMPACTFUL

via Daily Observer on 8/3/2016
URL: http://www.liberianobserver.com/lib-life/only-awareness-can-make-copyright-law-
impactful
At long last, the Liberian government has met one of the several demands of the artistic
community by introducing the hologram security stamp four ...
THE PLURAL TORT STRUCTURE OF COPYRIGHT LAW

via Jotwell by David Fagundes on 8/4/2016
URL: http://ip.jotwell.com/the-plural-tort-structure-of-copyright-law/
What kind of legal wrong is copyright infringement? Scholars tend to unreflectively regard
copyright infringement as a tort. In his elegant and insightful recent article, Unbundling the 'Tort'
of Copyright Infringement, Patrick Goold complicates this received wisdom by applying
rigorous conceptual analysis to a body of law-copyright-that is rarely analyzed in those terms.
THE EFF CHALLENGES THE DMCA ANTI-CIRCUMVENTION PROVISION: A FIRST

AMENDMENT FIGHT
via JOLT Digest by Priana Nawathe on 8/4/2016
URL: http://jolt.law.harvard.edu/digest/software/the-eff-challenges-the-dmca-anti-
circumvention-provision-a-first-amendment-fight
In 1998, Congress enacted 17 U.S.C § 1201, better known as the anti-circumvention provision.
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ASCAP, BMI LOSE BATTLE TO MODIFY ANTITRUST LICENSING AGREEMENTS

via Intellectual Property Law360 by Eric Kroh on 8/4/2016
In a blow to ASCAP and BMI, the U.S. Department of Justice said Thursday it had decided not
to accept proposed changes to landmark music licensing antitrust agreements in place since 1941
that bind the music performance rights organizations.
THE DEFEND TRADE SECRETS ACT AND COPYRIGHT PREEMPTION

via Intellectual Property Law360 by John Williamson on 8/4/2016
Where the facts surrounding trade secret misappropriation might give rise to a challenge based
on federal copyright preemption, a claim under the Defend Trade Secrets Act - as opposed to a
claim under state law exclusively - should ensure that the trade secret claim survives a
preemption challenge, says John Williamson of Finnegan Henderson Farabow Garrett & Dunner
LLP.
HOW A JUSTICE DEPARTMENT RULING COULD AFFECT YOUR FAVORITE

MUSICIAN
URL: http://www.nytimes.com/2016/08/05/business/media/how-a-justice-department-ruling-
could-affect-your-favorite-musician.html
The department, after a two-year investigation, decided to keep the complex regulatory
environment of music licensing largely intact, with the addition of a rule requiring "100 percent"
deals. This breaks down what that means.
US COPYRIGHT OFFICE SIDES WITH CABLE COMPANIES AGAINST FCC'S SET-TOP

RULES
URL: http://arstechnica.com/information-technology/2016/08/us-copyright-office-sides-with-
cable-companies-against-fccs-set-top-rules/
The United States Copyright Office has sided with cable companies in their fight against a
Federal Communications Commission plan to boost competition in the TV set-top box market.
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Joshua L. Simmons
FCC SET-TOP BOX PROPOSAL IS ABOUT COPYRIGHT

URL: http://illusionofmore.com/fcc-set-top-box-proposal-is-about-copyright/
Let's clear one thing up right off the bat. Consumers are not entitled to high-quality TV
programming. It's a business. If that business doesn't make sense, the shows won't be produced. I
know that seems obvious, but as with so ...
YOUR VOICE HAS BEEN HEARD

via CreativeFuture by Cesar Fishman on 8/4/2016
URL: http://www.creativefuture.org/your-voice-has-been-heard/
Two months ago, we asked the Federal Communications Commission (FCC) to not hurt the TV
shows and films we love and kill jobs. And we asked you, our members, to stand with us in
opposing the FCC's #UnlockTheBox proposal.
"FREE" TV OR "FREE RIDING"?

URL: http://hughstephensblog.net/2016/08/04/free-tv-or-free-riding
"Watch TV for Free" screamed the online ad. What? No more cable bills? Never again pay for
content? How is this possible? Well my friend, just buy this "fully loaded" streaming TV box
and let the era of free entertainment begin!
COPYRIGHT OFFICE CRITICIZES CABLE BOX PLAN FROM FCC DEMS

via Washington Examiner by Rudy Takala on 8/4/2016
URL: http://www.washingtonexaminer.com/copyright-office-criticizes-cable-box-plan-from-fcc-
dems/article/2598669
The U.S. Copyright Office criticized a Democratic plan to open up the ... a valuable bundle of
copyrighted works, and could repackage and retransmit ...
IMPROVING YOUTUBE'S CONTENT ID COULD HELP CREATORS OF ALL STRIPES

URL: http://voxindie.org/improving-youtubes-content-id-to-help-all-creators/
Why not make Content ID more accessible and transparent?
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FOX TELLS 9TH CIRC. FILMON X SHOULDN'T GET CABLE LICENSE

Fox and other broadcasters urged the Ninth Circuit at a hearing Thursday to reverse a district
judge's ruling that Internet companies like FilmOn X deserve the same automatic copyright
license that allows cable companies to stream television programs, saying FilmOn was trying to
convert a legal "mouse hole for an elephant."
SONG STAYS PRETTY MUCH THE SAME FOR ASCAP, BMI

via Intellectual Property Law360 by Daniel J. Vitelli on 8/5/2016
The U.S. Department of Justice's decision to keep the core of the ASCAP and BMI consent
decrees intact sidesteps a closely watched, hotly contested issue that has captured the eyes, ears
and keyboards of music industry titans and digital music entrepreneurs alike - whether to permit
"partial withdrawals," says Daniel Vitelli of Constantine Cannon LLP.
WARNER BROS. CAN'T NIX ARTIST'S KING KONG IDEA THEFT CLAIM
A California judge on Friday rejected Warner Bros.' bid to evade an artist's claims that the studio
and Legendary Pictures stole ideas he had pitched about King Kong's origins for the upcoming
film "Kong: Skull Island," saying the complaint properly alleges that the artist and Warner Bros.
had an implied contract.
STEAK 'N SHAKE BUTCHERS RIVAL'S COPYRIGHT BEEF OVER ADS

An Illinois federal judge on Friday dismissed a copyright infringement suit accusing Steak 'n
Shake of copying a rival burger chain's TV commercial, saying the company failed to show that
the commercials met the legal threshold of substantial similarity.
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Joshua L. Simmons
VIDEOGAME-APP MAKERS ARE BUYING MUSIC

via WSJ.com: Technology by Hannah Karp on 8/7/2016
URL: http://www.wsj.com/articles/music-industrys-new-revenue-stream-videogame-app-
makers-1470562201?mod=rss_Technology
The music industry has identified a rare constituency willing to pay handsomely for music in the
digital age: videogame-app makers.
ORACLE V GOOGLE
via IPLJ by Carly Kugler on 8/7/2016
URL: http://www.fordhamiplj.org/2016/08/07/oracle-v-google/
In 2010, Oracle sued Google in California federal court for copyright infringement of their Java
Code.
GLOBAL COLLECTING SOCIETIES 'EXTREMELY WORRIED' BY US COPYRIGHT

DECISION, SAYS CISAC
via M Magazine on 8/7/2016
URL: http://www.m-magazine.co.uk/news/global-collecting-societies-extremely-worried-us-
copyright-decision-says-cisac/
The International Confederation of Societies of Authors and Composers (CISAC) has expressed
concern over the US Department of Justice decision ...
UK COPYRIGHT EXTENSION ON DESIGNED OBJECTS IS "DIRECT ASSAULT" ON 3D

PRINTING
URL: http://arstechnica.com/tech-policy/2016/08/uk-copyright-extension-designed-objects-3d-
printing/
A recent extension of UK copyright for industrially manufactured artistic works represents "a
direct assault on the 3D printing revolution," says Pirate Party founder Rick Falkvinge.
GOOGLE'S INTEGRATION OF ANDROID INTO CHROME MAKES A THIRD ANDROID-

JAVA COPYRIGHT TRIAL 100% INEVITABLE
URL: http://www.fosspatents.com/2016/08/googles-integration-of-android-into.html
About a month ago, Oracle renewed its motion for judgment as a matter of law against Google
and brought a Rule 59 motion for a new trial.
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OPINION: DOJ GOT IT RIGHT ON ASCAP, BMI CONSENT DECREES

via Intellectual Property Law360 by David Balto on 8/8/2016
The ASCAP and BMI consent decrees are a good deal for music creators, owners and users. The
changes proposed by the performing rights organizations and music publishers were unnecessary
at best, and at worst would cause significant harm to the market, says David Balto, a former
policy director at the Federal Trade Commission.
WHY TAYLOR SWIFT IS ASKING CONGRESS TO UPDATE COPYRIGHT LAWS

via NPR: Technology Podcast by Laura Sydell on 8/8/2016
URL: http://www.npr.org/sections/alltechconsidered/2016/08/08/487291905/why-taylor-swift-is-
asking-congress-to-update-copyright-laws
It's an ongoing standoff between musicians and Google's YouTube: Who should be responsible
for removing unauthorized copies of songs posted online?
WE SHALL OVERCOME' COPYRIGHT IS 'BOGUS,' FILMMAKER SAYS

The filmmakers suing to prove that 1960s protest song "We Shall Overcome" is in the public
domain on Friday blasted a recent bid to toss the class action, urging a federal judge to give them
a shot at invalidating a "bogus copyright."
MONKEYS CAN OWN COPYRIGHTS, PRIMATE EXPERT TELLS 9TH CIRC.

People for the Ethical Treatment of Animals and its attorneys at Irell & Manella have recruited a
renowned primatologist in their efforts to convince the Ninth Circuit that monkeys can own
copyrights.
NO MAN'S SKY' DAY ZERO PATCH DETAILED, REPORT HINTS AT COPYRIGHT

STRIKES FOR NMS YOUTUBE ...
via IBT by Gel Galang on 8/8/2016
URL: http://www.ibtimes.com.au/no-mans-sky-day-zero-patch-detailed-report-hints-copyright-
strikes-nms-youtube-discussions-1524775
Over the official "No Man's Sky" website, Hello Games' Sean Murray has given quite a long list
of updates, most of which have been done during the ...
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Joshua L. Simmons
MUSIC PUBLISHER DENIED LEGAL FEES AWARD FOR "STAIRWAY TO HEAVEN"

TRIAL
URL: http://www.hollywoodreporter.com/thr-esq/music-publisher-denied-legal-fees-918170
Warner/Chappel will have to foot the $800,000 bill for its legal fees and costs.
DESPITE 'STAIRWAY' WIN, LED ZEPPELIN LOSES BID FOR FEES

A California federal judge denied Warner/Chappell Music's request for nearly $800,000 in
attorneys' fees and costs the company incurred defending against accusations that "Stairway to
Heaven" infringed an obscure rock song, saying Monday the lawsuit against Led Zeppelin wasn't
"frivolous or objectively unreasonable."
BLACKBERRY SUES AVAYA FOR COPYRIGHT INFRINGEMENTS

via CRN by Brendon Foye on 8/8/2016
URL: http://www.crn.com.au/news/blackberry-sues-avaya-for-copyright-infringements-433124
The smartphone vendor alleges that Avaya used Blackberry's copyrighted IP in products ranging
from IP desk phones, video conferencing systems ...
A LOOK INSIDE THE FORENSIC ANALYSIS OF SOFTWARE COPYRIGHT

INFRINGEMENT
via Law.com - Newswire by Bob Zeidman on 8/8/2016
URL: http://www.law.com/sites/articles/2016/08/05/a-look-inside-the-forensic-analysis-of-
software-copyright-infringement/
Software code contains both trade secrets in the functionality and copyrightable expression in the
way it is written.
PAMELA LOVE SUES NASTY GAL FOR COPYING THREE COPYRIGHT PROTECTED
DESIGNS
URL: http://www.thefashionlaw.com/home/pamela-love-sues-nasty-gal-for-copying-three-
copyright-protected-designs
THE FASHION LAW EXCLUSIVE - On the heels of Nasty Gal founder Sophia Amoruso's
induction into the Council of Fashion Designers of America ...
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JERSEY BOYS' COPYRIGHT TRIAL SET FOR HALLOWEEN

via Courthouse News Service by Mike Heuer on 8/9/2016
URL: http://www.courthousenews.com/2016/08/09/jersey-boys-copyright-trial-set-for-
halloween.htm
A federal judge set Halloween for a jury trial in a multimillion-dollar copyright fight over the hit
musical "Jersey Boys," between a ...
COX CAN'T DODGE $25M MUSIC PIRACY VERDICT

A federal judge on Monday refused to overturn a $25 million jury verdict against Cox
Communications over music piracy committed by its subscribers, setting the stage for a closely
watched appeal over the Digital Millennium Copyright Act's safe harbor.
9TH CIRC. AND GERMAN HIGH COURT WEIGH IN ON MUSIC SAMPLING

via Intellectual Property Law360 by Mark Wittow & Eliza Hall on 8/9/2016
Setting up a potential U.S. Supreme Court battle, the Ninth Circuit recently sided with Madonna
in emphatically rejecting the Sixth Circuit's rule that all unlicensed sampling constitutes
copyright infringement. Just days earlier, Germany's highest court went further by expressly
protecting the artistic freedom of samplers and rejecting the requirement - which the Ninth
Circuit embraced - that the sample not be recognizable as coming from the plaintiff's song, say
Mark Wittow and Eliza Hall of K&L Gates LLP.
PIRACY: A PARENT'S PERSPECTIVE

via CreativeFuture by Melissa Chamberlain on 8/9/2016
URL: http://www.creativefuture.org/piracy-a-parents-perspective/
All parents worry about their kids.
FEE REQUEST TURNED ASIDE IN LED ZEPPELIN COPYRIGHT CASE

URL: http://www.law.com/sites/almstaff/2016/08/09/fee-request-turned-aside-in-led-zeppelin-
copyright-case/
A federal judge overseeing a copyright trial over Led Zeppelin's 1971 hit song "Stairway to
Heaven" has rejected music publisher Warner/Chappell Music Inc.'s request for attorney fees but
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Joshua L. Simmons
chastised the plaintiff's attorney, Francis Malofiy, about his "tasteless courtroom antics and
litigation misconduct."
JUDGE UPHOLDS $25 MILLION JUDGMENT AGAINST ISP OVER USER PIRACY
URL: http://www.hollywoodreporter.com/thr-esq/judge-upholds-25-million-judgment-918429
BMG gets another win in a landmark copyright case, but won't be given the benefit of a
permanent injunction.
ORACLE SAYS GOOGLE'S BID TO SANCTION LAWYER IS A REACH

Oracle shot back at Google's bid for sanctions over an Orrick Herrington & Sutcliffe LLP
attorney's alleged disclosure of court-protected secrets at an open hearing in the rivals' dispute
over Oracle's Java code in California, saying Monday the sanctions request was "unprecedented."
SANITIZING FILMS BY COMPANY VIDANGEL SUED BY HOLLYWOOD STUDIOS

via The Washington Times by Julia Proterfield on 8/9/2016
URL: http://www.washingtontimes.com/news/2016/aug/9/sanitizing-films-by-company-
vidangel-sued-by-holly/
The studios claim that the unauthorized sale of copyrighted films and television shows in a
video-on-demand format is unlawful. VidAngel argues that ...
ED SHEERAN ACCUSED OF CRIBBING 'LET'S GET IT ON' FOR HIT SONG

Pop singer Ed Sheeran stole the harmonic progressions and melodic and rhythmic elements that
make up the heart of the Marvin Gaye classic "Let's Get It On" for his 2014 hit "Thinking Out
Loud," according to a lawsuit filed by some of the iconic song's owners in New York federal
court Tuesday.
- 506 -
MUSICIAN ED SHEERAN FACES COPYRIGHT LAWSUIT OVER 'THINKING OUT

LOUD'
via Reuters by Eric M. Johnson on 8/9/2016
URL: http://www.reuters.com/article/us-music-edsheeran-lawsuit-idUSKCN10L04X
Heirs of the composer for Marvin Gaye's "Let's Get It On" sued British musician Ed Sheeran on
Tuesday, claiming his hit song "Thinking Out Loud" ...
SINGER ED SHEERAN FACES COPYRIGHT LAWSUIT FOR 'THINKING OUT LOUD'

OVER MARVIN GAYE SONG
via The Telegraph on 8/9/2016
URL: http://www.telegraph.co.uk/music/news/singer-ed-sheeran-faces-copyright-lawsuit-for-
thinking-out-loud/
The copyright infringement lawsuit was filed by the heirs of Ed Townsend, who co-wrote the
lyrics to "Let's Get It On" in 1973 and created its musical ...
ORACLE FIGHTS BACK AGAINST GOOGLE'S ATTEMPT TO SANCTION A LAWYER

AFTER TRIAL
URL: http://arstechnica.com/tech-policy/2016/08/oracle-fights-back-against-googles-attempt-to-
sanction-a-lawyer-after-trial/
A copyright dispute between Oracle and Google was resolved in May by a federal jury, which
found that Google's Android operating system didn't infringe copyrighted code owned by Oracle.
16TH IP SCHOLARS CONFERENCE AT STANFORD

via Written Description by Lisa Ouellette on 8/10/2016
URL: http://writtendescription.blogspot.com/2016/08/16th-ip-scholars-conference-at-
stanford.html
The 16th IP Scholars Conference (IPSC) will be held at Stanford Law School tomorrow and
Friday, with about 150 presentations and 200 attendees from around the world.
SOUNDEXCHANGE APPEALS DISMISSAL OF MUZAK ROYALTY SUIT

via Intellectual Property Law360 by Cara Salvatore on 8/10/2016
The D.C. Circuit got an earful in the war over music royalty rates when a royalty-collection
operation trying to revive its suit accused a major satellite TV music company of abusing a
congressionally granted exception to paying the minimum rates.
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Joshua L. Simmons
HBO WANTS FEES AFTER SACKING 'BALLERS' COPYRIGHT SUIT

HBO is demanding its legal fees from two screenwriters who filed a quickly-dismissed copyright
infringement lawsuit over the comedy series "Ballers."
MEDIA, SPORTS INDUSTRIES RATTLED BY PLANNED EU COPYRIGHT SHAKE-UP

via Reuters by Julia Fioretti on 8/10/2016
URL: http://www.reuters.com/article/us-eu-copyright-idUSKCN10L1T2
The copyright reform proposal is expected to be made in late September but will then have to be
approved by EU governments and the European ...
CITING TYPO, 7TH CIRC. REVIVES FARRAKHAN COPYRIGHT CASE

A Seventh Circuit panel on Wednesday revived a copyright case over a painted portrait of Nation
of Islam leader Louis Farrakhan published in the group's official newspaper, though it admitted
the lower court's error was partially due to a typo in a precedential ruling that the circuit court
issued.
LINKEDIN SUES TO STOP CREATORS OF DATA-SCRAPING BOTS

LinkedIn has filed suit in California federal court against the unidentified creators of automated
software programs, or bots, accusing them of registering thousands of fake profiles on the social
network to steal data about legitimate users, breaching the user agreement and violating federal
computer fraud law.
CABINET APPROVES DRAFT AMENDMENT TO COPYRIGHT ACT

via Focus Taiwan by Tai Ya-cheng & Y.F. Low on 8/11/2016
URL: http://focustaiwan.tw/news/aipl/201608110020.aspx
One of the new offenses listed is reproducing a copyrighted work in digital format without
authorization with the intent to sell or rent, according to the ...
- 508 -
THE ASIAN DILEMMA: LEAPS IN TECHNOLOGY BRING NEW FORMS OF PIRACY

via Hugh Stephens Blog » Feed on 8/11/2016
URL: http://hughstephensblog.net/2016/08/11/the-asian-dilemma-leaps-in-technology-bring-
new-forms-of-piracy
We have all the seen the famous photo of the Buddhist monk, clad in his saffron robes and riding
his motorcycle, with his cell phone clamped to his ear.
IN SEARCH OF A PREDICTABLE STANDARD FOR ATTORNEY FEES IN COPYRIGHT

CASES
via Law.com - Newswire by Elizabeth A. McNamara & John M. Browning on 8/11/2016
URL: http://www.law.com/sites/articles/2016/08/11/in-search-of-a-predictable-standard-for-
attorney-fees-in-copyright-cases/
In their Media Law column, Elizabeth A. McNamara and John M. Browning write: Fans of
predictable bright-line rules, including attorneys advising copyright clients on the likelihood of
an attorney fee award, may well feel dismayed by the U.S. Supreme Court's ruling in 'Kirtsaeng
v. John Wiley & Sons.' But despite lingering uncertainty, copyright practitioners can take away
several important lessons.
APPEALS COURT UPHOLDS U.S. GOVERNMENT'S SEIZURE OF MEGAUPLOAD'S

MEGA-MILLIONS
URL: http://www.hollywoodreporter.com/thr-esq/appeals-court-upholds-us-governments-
919109
The 4th Circuit rejects the contention that a federal statute disentitling fugitives from defending
property claims against government forfeiture actions is a violation of due process rights.
FTC AND DOJ ANTITRUST DIVISION SEEK COMMENT ON PROPOSED UPDATE TO IP

LICENSING GUIDELINES
via IPWatchdog.com | Patents & Patent Law by Federal Trade Commission on 8/12/2016
URL: http://www.ipwatchdog.com/2016/08/12/ftc-doj-antitrust-ip-licensing-
guidelines/id=71889/
The IP Licensing Guidelines, which state the agencies' antitrust enforcement policy with respect
to the licensing of intellectual property protected by patent, copyright, and trade secret law and
of know-how, were issued in 1995 and are now being updated.
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Joshua L. Simmons
THE COPYRIGHT CASE THAT SHOULD WORRY ALL INTERNET PROVIDERS

via The Washington Post by Brian Fung on 8/12/2016
URL: https://www.washingtonpost.com/news/the-switch/wp/2016/08/12/the-copyright-case-that-
should-worry-all-internet-providers/
Will Internet providers have to start cracking down harder on their own customers for suspected
copyright infringement? That's one of the big questions ...
COPYRIGHT OWNER DENIED ATTORNEYS' FEES IN SUIT AGAINST POPCORN TIME

USER-COBBLER V. DOE
URL: http://blog.ericgoldman.org/archives/2016/08/copyright-owner-denied-attorneys-fees-in-
suit-against-popcorn-time-user-cobbler-v-doe.htm
This lawsuit involves the unauthorized download of a 2015 Adam Sandler movie, The Cobbler.
MONKEY SELFIE: ANIMAL CHARITY PETA CHALLENGES RULING

via BBC on 8/12/2016
An animal charity has appealed against a court decision which ruled a monkey could not own the
copyright to a selfie photograph it took. A monkey ...
CBS 'PRE-1972' DISMISSAL BID MUST WAIT FOR APPELLATE COURTS

U.S. District Judge John G. Koeltl scuttled five months of summary judgment briefings Friday in
ABS Entertainment Inc.'s New York suit seeking royalties from CBS Corp. over pre-1972
recordings, saying the network's bid to escape the proposed class action will have to be fully
redrawn after two appellate courts weigh in.
THE DOJ & SONGWRITERS SIMPLIFIED (MOSTLY)

URL: http://illusionofmore.com/the-doj-songwriters-simplified-mostly/
The performing rights organization (PRO) called ASCAP was formed on February 13, 1914
when a group of about 100 American composers met at the Hotel Claridge in New York City to
create a mechanism for collecting "public performance" royalties. The ...
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GOOGLE, ORACLE SHOULD LET YOUNG ATTYS ARGUE, JUDGE SAYS

Google Inc. and Oracle America Inc. attorneys should give their young attorneys opportunities to
argue in court, a California federal judge told the parties in a short order on Friday in a dispute
over whether Oracle's Java code can be copyrighted.
COURT: US SEIZURE OF KIM DOTCOM'S MILLIONS AND 4 JET SKIS WILL STAND
URL: http://arstechnica.com/tech-policy/2016/08/court-us-seizure-of-kim-dotcoms-millions-and-
4-jet-skis-will-stand/
The 4th Circuit Court of Appeals ruled Friday in favor of the American government's seizure of
a large number of Megaupload founder Kim Dotcom's overseas assets.
4TH CIRC. SAYS FEDS CAN SEIZE MILLIONS FROM MEGAUPLOAD BOSS
A split Fourth Circuit on Friday affirmed a lower court ruling ordering the seizure of millions of
dollars in assets from Megaupload Ltd. founder Kim Dotcom and others facing criminal charges
over the defunct file-sharing service, saying the defendants are fugitives who forfeited certain
rights over the assets.
UMG, GLOBAL EAGLE REACH DEAL FOR IN-FLIGHT MUSIC IP SUIT

UMG Recordings and in-flight entertainment provider Global Eagle Entertainment have reached
a settlement resolving claims in a California federal court case over alleged infringement of
4,500 UMG-owned songs, with Global Eagle agreeing to give UMG $15 million in cash plus
nearly 1.4 million stock shares.
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Joshua L. Simmons
REDDIT TELLS LABEL IT WON'T COUGH UP IP ADDRESS OF PRERELEASE MUSIC

PIRATE
via Ars Technica by David Karvets on 8/15/2016
URL: http://arstechnica.com/tech-policy/2016/08/reddit-tells-label-it-wont-cough-up-ip-address-
of-prerelease-music-pirate/
Reddit says it won't give Atlantic Records the IP address of a Reddit user who posted a link on
the site of a single by Twenty One Pilots a week before the song's planned release.
BMI SAYS IT NEVER CONCEDED FULL LICENSING OF MUSIC RIGHTS

BMI told a New York federal court Friday it has always maintained it should be allowed to grant
fractional rights to songs under a decadesold antitrust consent decree it is challenging, contrary
to what the government may say.
DOJ AND FTC COMMENT ON PROPOSED UPDATE TO 1995 INTELLECTUAL

PROPERTY LICENSING GUIDELINES
via Intellectual Property, Patent, Trademark & Copyright News by Robert A. Skitrol & Todd N.
Hutchinson on 8/15/2016
URL: http://www.natlawreview.com/article/doj-and-ftc-comment-proposed-update-to-1995-
intellectual-property-licensing
At the end of last week, the U.S. Department of Justice (DOJ) and the Federal Trade
Commission (FTC) invited comments from interested parties on a proposed update to their 1995
"Antitrust Guidelines for the Licensing of Intellectual Property" (the Proposed Update). The
comment deadline is September 26, 2016.
THE EUROPEAN UNION EXTENDS COPYRIGHT IN DESIGN-AND CRITICS BALK

(YET AGAIN)
via CPIP by Bhamati Viswnathan on 8/15/2016
URL: http://cpip.gmu.edu/2016/08/15/the-european-union-extends-copyright-in-design-and-
critics-balk-yet-again/
The European Union recently decided to support the productive labors of designers by extending
legal protections of their works in all areas of copyright, design, and patent law.
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RIAA LOSES BID FOR 2ND CIRC. TO RETHINK VIMEO RULING

The Second Circuit Monday refused to rehear en banc its ruling that the Digital Millennium
Copyright Act's safe harbors protect online hosts such as Vimeo from liability even for pre-1972
recordings that aren't covered by federal copyrights, dealing a blow to Capitol Records and the
Recording Industry Association of America.
COPYRIGHT CASES INVOLVING ILLEGAL PORN DOWNLOADS SURGE IN

NORTHERN ILLINOIS
via WTTW by Paul Caine on 8/15/2016
URL: http://chicagotonight.wttw.com/2016/08/15/copyright-cases-involving-illegal-porn-
downloads-surge-northern-illinois
They're informed they've been identified as having downloaded a copyrighted video via their
unique internet address. "In most of the cases it's a ...
3D PRINTING DENIED - PATENTS AND COPYRIGHT LAW

via 3D Printing Industry on 8/15/2016
URL: https://3dprintingindustry.com/news/3d-printing-denied-patents-and-copyright-law-93213/
A Product Designer and overall creative person, with a passion for all things design. I have a
particular interest in cosplay and the violin, but I'm an ...
UNIVERSAL NETS $20M AFTER IN-FLIGHT ENTERTAINMENT COPYRIGHT ROW

URL: http://www.worldipreview.com/news/universal-nets-20m-after-in-flight-entertainment-
copyright-row-12039
A provider of in-flight entertainment on American Airlines has agreed to pay Universal Music
Group $20 million following a two-year copyright battle.
COX SAYS DEAL WITH FEES AFTER $25M MUSIC IP APPEAL

via Intellectual Property Law360 by Michael Macagnone on 8/16/2016
Cox Communications Inc. urged a Virginia federal judge to hold off on awarding BMG Rights
Management legal fees after its $25 million copyright verdict, arguing Monday that Cox has
been reasonable throughout the dispute and stands a decent chance of victory on appeal.
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Joshua L. Simmons
EFF CHALLENGES DMCA ANTI-CIRCUMVENTION PROVISIONS, REOPENS

"DANCING BABY" CASE
URL: http://www.ip-watch.org/2016/08/16/eff-challenges-dmca-anti-circumvention-provisions-
reopens-dancing-baby-case/
Issues arising from the often-controversial US Digital Millennium Copyright Act (DMCA)
prompted the Electronic Frontier Foundation to head to court in recent weeks to address what it
sees as violations of free speech and the right to freely use copyrighted content in some
instances.
ELIZABETH BANKS WINS ATTYS' FEES IN 'WALK OF SHAME' SUIT

A California federal judge on Monday awarded more than $319,000 in attorneys' fees and costs
to actress Elizabeth Banks and others in a tossed copyright infringement suit over the movie
"Walk of Shame," brought by Shame On You Productions Inc., who allege the movie ripped off
a screenplay presented to Banks years earlier.
LINKEDIN UNLEASHES THE CFAA ON UNAUTHORIZED BOTS

URL: http://blogs.findlaw.com/technologist/2016/08/linkedin-unleashes-the-cfaa-on-
unauthorized-bots.html
LinkedIn, the Facebook for resumes, has filed suit in the Northern District of California against
100 unnamed individuals accused of using bots to scrape information from its website. The suit
accuses the Doe defendants of violating the Computer Fraud and Abuse Act, a federal anti-
hacking law. The lawsuit comes......
COPYRIGHT CASE AGAINST R&B ARTIST JEREMIH, UNIVERSAL MUSIC PROCEEDS

URL: http://www.reuters.com/article/ip-defjam-copyright-idUSL1N1AX2CJ
A federal judge has refused to narrow a copyright infringement case accusing R&B singer
Jeremih of swiping a Danish photographer's image for the ...
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CLOUDFLARE'S DESPERATE NEW STRATEGY TO PROTECT PIRATE SITES

URL: http://cpip.gmu.edu/2016/08/17/cloudflares-desperate-new-strategy-to-protect-pirate-sites/
San Francisco-based CloudFlare has earned a somewhat dubious reputation in the online world.
US AGENCIES SEEK COMMENT ON UPDATED ANTITRUST GUIDELINES FOR IP

LICENSING
URL: http://www.ip-watch.org/2016/08/17/us-agencies-seek-comment-on-updated-antitrust-
guidelines-for-ip-licensing/
In an age when licensing of intellectual property plays a critical role in business strategy, the
United States Department of Justice and Federal Trade Commission are seeking public comment
on a proposed update of the antitrust guidelines for IP licensing.
THE INTERNET'S SAFE HARBOR JUST GOT A LITTLE LESS SAFE

via Wired on 8/17/2016
URL: http://www.wired.com/2016/08/internets-safe-harbor-just-got-little-less-safe/
The court found that Cox was liable for the alleged copyright infringement carried out by its
customers, safe harbor or not. The decision might not rattle ...
SUPREME COURT REVISITS ATTORNEY FEE STANDARDS

via Law.com - Newswire by Robert W. Clarida & Robert J. Bernstein on 8/17/2016
URL: http://www.law.com/sites/articles/2016/08/16/supreme-court-revisits-attorney-fee-
standards/
In their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss 'Kirtsaeng v.
John Wiley & Sons,' a case that has earned a previously unprecedented second trip to the
Supreme Court for review of the standards for awarding attorney fees to prevailing parties in
copyright cases.
NBA 2K' VIDEOGAME PUBLISHER WANTS JUDGMENT ALLOWING USE OF PLAYER

TATTOOS
via Hollywood Reporter - THR, Esq. by Eric Gardner on 8/17/2016
URL: http://www.hollywoodreporter.com/thr-esq/nba-2k-videogame-publisher-wants-920252
Take-Two also alleges that LeBron James' tattoo was submitted to the Copyright Office
fraudulently.
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Joshua L. Simmons
THE COMPLICATED ROLE OF COPYRIGHT IN EU PAY-TV CASE

via Intellectual Property Law360 by Becket McGrath & Trupti Reddy on 8/17/2016
While the European Commission's decision to close its antitrust investigation of Paramount
Pictures does not mark the end of the pay-TV investigation, which continues against other
studios and broadcasters, the history of the case and the terms of this settlement provide an
interesting insight into the EC's current views on the interaction between competition law and
copyright, say Becket McGrath and Trupti Reddy of Cooley LLP.
JUDGE MAY ORDER A NEW ORACLE V. GOOGLE RETRIAL OVER EVIDENCE

UNWISELY WITHHELD BY GOOGLE
URL: http://www.fosspatents.com/2016/08/judge-may-order-new-oracle-v-google.html
Thanks to Twitter coverage by Mike Swift (MLex), Sarah Jeongg (Motherboard, EFF) and Ross
Todd (The Recorder), I just had the opportunity to "follow" the Oracle v. Google post-trial
motion hearing in the Northern District of California.
ORACLE SAYS TRIAL WASN'T FAIR, IT SHOULD HAVE KNOWN ABOUT GOOGLE
PLAY FOR CHROME
URL: http://arstechnica.com/tech-policy/2016/08/at-hearing-oracle-complains-of-tainted-trial-
against-google/
Oracle lawyers argued in federal court today that their copyright trial loss against Google should
be thrown out because they were denied key evidence in discovery.
COPYRIGHT DISPUTE OVER MERCHANDISING SOFTWARE TOSSED

A California federal judge on Tuesday tossed a suit brought by a South Korean native who
claims he was coerced by threats to jeopardize his visa into giving up his rights to a
merchandising software program he developed, saying the asserted claims don't require
interpretation of the Copyright Act.
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ATTYS GET $4.6M IN FEES FOR 'HAPPY BIRTHDAY' COPYRIGHT SUIT

A California federal judge Tuesday approved a $4.6 million fee request for attorneys who
secured a $14 million settlement of a copyright class action placing "Happy Birthday To You" in
the public domain, saying the results achieved and other factors warranted the award.
ORACLE SAYS JURY ERRED, ASKS JUDGE TO NIX GOOGLE IP WIN

Oracle urged a California federal judge Wednesday to override a jury's May verdict and find that
Google infringed its Java software copyright, or at least grant a new trial, arguing Google
withheld important evidence and wasn't entitled to assert fair use because it used the code for
commercial development.
FOX, 'EMPIRE' CREATORS CAN'T DODGE STOLEN CHARACTER SUIT

via Intellectual Property Law360 by Dorothy Atkins on 8/17/2016
A Michigan federal judge refused to toss copyright infringement claims Tuesday accusing Fox
and the creators of the television show "Empire" of basing the Cookie Lyon character off a
female ex-drug boss's memoir, but ruled the alleged infringement hasn't caused the writer to
suffer economically.
9TH CIRC. TOLD TO REVIVE 'BIG PIMPIN'' IP ROW WITH NEW JUDGE
An Egyptian composer's nephew Tuesday told the Ninth Circuit a California judge erred in
ruling he lacked standing to sue Jay Z for infringement of his uncle's ballad for the chart-topper
"Big Pimpin'," saying the case should be assigned a new judge on remand.
3 INSURERS ELUDE COVERAGE IN SPORTS PHOTOGS IP SUIT

A trio of insurers including State Farm Insurance on Wednesday escaped coverage of an

underlying sports photo copyright suit brought by two Wisconsin photographers, after a federal
judge concluded that policy exclusions applied or the type of infringement covered didn't occur.
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Joshua L. Simmons
APPEALS COURT REVERSES LIVE NATION WIN IN RUN-DMC MERCHANDISE SUIT

URL: http://www.hollywoodreporter.com/thr-esq/appeals-court-reverses-live-nation-920628
The panel finds the merchandiser's summary judgement win on issues of willful infringement
was premature.
ALSUP MUSES OVER POSSIBILITY OF NEW ORACLE-GOOGLE TRIAL

URL: http://www.law.com/sites/articles/2016/08/17/alsup-muses-over-possibility-of-new-oracle-
google-trial/
The judge presses Google lawyers over why they didn't disclose a new Android OS for laptops
until the trial over Java copyright was nearly complete.
JUDGE GRANTS HAPPY BIRTHDAY LAWYERS $4.6M, CITING "UNUSUALLY

POSITIVE RESULTS"
URL: http://arstechnica.com/tech-policy/2016/08/lawyers-who-nixed-happy-birthday-copyright-
will-get-4-6m-in-fees/
The attorneys who moved the song Happy Birthday into the public domain will receive $4.62
million in fees, according to a judge's fee order (PDF) published Tuesday.
ORACLE JAVA COPYRIGHT WAR LATEST: WHY GOOGLE'S LUCK IS ABOUT TO

RUN OUT
via The Regiser by Andrew Orlowski on 8/18/2016
URL: http://www.theregister.co.uk/2016/08/18/oracle_java_retrial_analysis/
Analysis Oracle says one of the foundations of Google's legal victory in the Java API copyright
trial has exploded - and that means a retrial is needed.
9TH CIRC. REVIVES PHOTOGRAPHER'S LIVE NATION COPYRIGHT SUIT

A Ninth Circuit panel on Thursday revived a music photographer's lawsuit against Live Nation
Merchandise Inc. over a Run-DMC photograph they used without his permission, saying a lower
court incorrectly tossed the suit's willful copyright infringement claims.
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JUDGE REJECTS FOX'S BID TO TOSS EX-FELON'S 'EMPIRE' COPYRIGHT LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/judge-rejects-foxs-bid-toss-920811
Sophia Eggleton will move forward in a claim that the character of "Cookie" Lyon is copied
from her 2009 memoir "The Hidden Hand."
SECOND CIRCUIT FINDS DMCA GRANTS SAFE HARBOR TO SERVICE PROVIDERS

FOR PRE-1972 SOUND RECORDINGS
via Lexology by Kathleen Lu & Jennifer Stanley on 8/18/2016
URL: http://www.lexology.com/library/detail.aspx?g=59b61dbe-e3d9-41e2-af8d-5efb50b6401e
In Capital Records v. Vimeo, the Second Circuit Court of Appeals issued an important decision
on the Digital Millennium Copyright Act § 512 safe ...
FILE HOSTING SERVICE UPLOADED LOSES LEGAL COPYRIGHT BATTLE

via Telecompaper on 8/19/2016
URL: http://www.telecompaper.com/news/file-hosting-service-uploaded-loses-legal-copyright-
battle--1158519
German performing rights organisation Gema has won a legal battle against file hosting service
Uploaded. The ruling confirmed that a file hosting site ...
PUBLIC "SELECTIVE" KNOWLEDGE

via Medium by Steve Tepp on 8/11/16
URL: https://medium.com/@steve_1343/public-selective-knowledge-6c45bbe0e5fb
Disagreement on law and policy in the field of copyright have become routine.
THE INTERNET'S SAFE HARBOR DID NOT JUST BECOME A LITTLE LESS SAFE
via Medium by Franklin Graves on 8/17/16
URL: https://medium.com/@franklingraves/the-internets-safe-harbor-did-not-just-become-a-
little-less-safe-feab30b3dc7a
The internet's safe harbor did not just become a little less safe and I argue that it's a far cry to
conclude that Judge O'Grady's recent decision will have an extreme impact on small internet
service providers.
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Joshua L. Simmons
COX TAKES DMCA SAFE HARBOR BATTLE TO 4TH CIRC.

Cox Communications launched an appeal Thursday at the Fourth Circuit in a closely watched
case over whether the broadband provider forfeited the immunity of the Digital Millennium
Copyright Act by not blocking music piracy by its subscribers.
DOLLY PARTON DEFENDS ED SHEERAN, LED ZEPPELIN AND OTHERS ACCUSED

OF THEFT
via BBC by Mark Savage on 8/19/2016
URL: http://www.bbc.com/news/entertainment-arts-37118347
Ed Sheeran is currently fighting two copyright cases, over the songs Photograph and Thinking
Out Loud; while Led Zeppelin recently won a case ...
TOP 3 COOL LEGAL JOBS THIS WEEK: COPYRIGHT AND TRADEMARK

URL: http://blogs.findlaw.com/greedy_associates/2016/08/top-3-cool-legal-jobs-this-week-
copyright-and-trademark.html
Maybe you're in that group of attorneys who always wanted to practice patent law, but couldn't
because you were hampered by not having earned a B.S. in your undergrad years. And the
thought of having to go back to school to earn enough science credits just so you can sit......
ANTI-GOOGLE RESEARCH GROUP IN WASHINGTON IS FUNDED BY ORACLE

URL: http://arstechnica.com/tech-policy/2016/08/anti-google-research-group-in-washington-is-
funded-by-oracle/
The Google Transparency Project is a Washington, DC group that's laser-focused on letting

Americans know about Google's lobbying efforts.
UNAUTHORIZED, MISLABELED MICROSOFT SUPPORT TOOL LEAKS; COULD

CAUSE MORE TROUBLE THAN IT CURES
via ZDNet by Ed Bott on 8/19/2016
URL: http://www.zdnet.com/article/unauthorized-mislabeled-microsoft-support-tool-leaks-
could-cause-more-trouble-than-it-cures/
The copyright notice gives this tool's Nokia origins away. That's the former Nokia division,
which has been almost completely dismantled at this point.
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DON'T BLAME ARS TECHNICA FOR THE INEVITABILITY OF AN ORACLE V.

GOOGLE ANDROID-JAVA COPYRIGHT RE-RETRIAL
URL: http://www.fosspatents.com/2016/08/dont-blame-ars-technica-for.html
It ain't over till it's over, and Oracle v. Google is very far from over.
COPYRIGHT ESSENTIAL TO FUTURE PROSPERITY

via Financial Review by Adele Ferguson on 8/21/2016
URL: http://www.afr.com/business/legal/copyright-essential-to-future-prosperity-20160821-
gqxkqx
Kim Williams, the chairman of the Copyright Agency, in a powerful speech titled "Fighting for
Copyright" last week, said: "Protecting copyright is ...
VISITING 'BLOCKED' URL OF TORRENTS IN INDIA CAN LAND YOU IN JAIL FOR 3
YEARS
via Khallej Times on 8/21/2016
URL: http://www.khaleejtimes.com/international/india/visiting-blocked-url-of-torrents-can-land-
you-in-jail-for-3-years
... torrents and facilitate illegal streaming of copyrighted television series, movies and misusing
pay-TV platform OSN's intellectual property rights.
HAPPY BIRTHDAY' LAWYERS NET $4M IN ATTORNEYS' FEES

URL: http://www.worldipreview.com/news/happy-birthday-lawyers-net-4m-in-attorneys-fees-
12063
The lawyers who succeeded in bringing "Happy Birthday to You" into the public domain
following a copyright dispute over the lyrics have been ...
RUN-DMC COPYRIGHT RULING PARTIALLY REVERSED BY US APPEALS COURT

URL: http://www.worldipreview.com/news/run-dmc-copyright-ruling-partially-reversed-by-us-
appeals-court-12067
A copyright lawsuit between a photographer and merchandise company Live Nation, which
surrounds pictures of hip-hop band Run-DMC, has been ...
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Joshua L. Simmons
DEMI LOVATO FACES COPYRIGHT LAWSUIT FROM INDIE STARS SLEIGH BELLS
URL: http://www.hollywoodreporter.com/thr-esq/demi-lovato-faces-copyright-lawsuit-921588
Lovato's producers previously denied a sampling, but a complaint filed on Monday asserts that
similarities "transcend the realm of coincidence."
DEMI LOVATO FACES COPYRIGHT SUIT LODGED BY INDIE BAND

New York City-based indie rock duo Sleigh Bells filed a copyright infringement suit against
Demi Lovato alleging the pop singer's 2015 song "Stars" improperly samples their 2010 song
"Infinity Guitars," according to a suit filed Monday in California federal court.
COX COMMUNICATIONS APPEALS $25 MILLION PIRACY VERDICT

URL: http://www.mediapost.com/publications/article/283011/cox-communications-appeals-25-
million-piracy-verd.html
The battle between Cox and BMG dates to 2014, when BMG sued Cox for infringing copyright
and for contributing to infringement by users.
FCC APPEARS TO PIVOT ON SET-TOP BOX PLAN

via Bloomberg BNA by Kyle Daly on 8/22/2016
URL: http://www.bna.com/fcc-appears-pivot-n73014446659/
Lawmakers, the cable industry and the copyright community have hammered the FCC on the
plan, saying it could undercut copyright by circumventing ...
CALIFORNIA COMPANY ALLEGES COPYRIGHT INFRINGEMENT OVER ITS DESIGNS

BY ACTIVE USA, RAGDOLLS COUTURE
via Northern California Record by Wadi Reformado on 8/22/2016
URL: http://norcalrecord.com/stories/510994395-california-company-alleges-copyright-
infringement-over-its-designs-by-active-usa-ragdolls-couture
According to the complaint, the plaintiff alleges that Star Fabrics Inc. suffered damages to its
business from the infringement of the copyrighted designs.
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ACTIVISTS PROMOTE REVISIONIST HISTORY OF DMCA

URL: http://illusionofmore.com/activists-revisionist-history-dmca/
Earlier this month, Rolling Stone published an article by Steve Knopper called Inside YouTube's
War With the Music Industry. I would characterize the article as more of a glimpse than an
inside view; but setting that aside, the article contained ...
CITING KIRTSAENG, MADONNA ACCUSER TRIES TO AVOID ATTY FEES

The music publisher that sued Madonna for sampling a split-second horn riff in her 1990 hit
"Vogue" is back in district court, leaning heavily on the Supreme Court's recent Kirtsaeng ruling
and looking to avoid paying the pop stars legal fees after a high-profile loss at the Ninth Circuit.
GROUP BACKS COPYRIGHT OFFICE'S SLAM OF SET-TOP BOX PLAN

via Intellectual Property Law360 by Jimmy Hoover on 8/23/2016
A copyright lobbying group rallied Tuesday in vigorous defense of the U.S. Copyright Office's
recent warning to Congress that the Federal Communications Commission's plan to unlock TV
set-top boxes risks undermining the ability of copyright holders to control their creations,
disputing positions of consumer advocacy groups that the Copyright Office doesn't have the
public interest at heart.
BLURRED LINES' VERDICT WILL CHILL MUSICAL CREATIVITY, 9TH CIRC. TOLD
Pharrell Williams and Robin Thicke on Tuesday launched their long-awaited bid to overturn a
verdict that their smash hit "Blurred Lines" infringed an iconic Marvin Gaye song, warning the
Ninth Circuit that the headline-grabbing decision would "chill musical creativity."
"BLURRED LINES" CREATORS URGE APPEALS COURT TO REVERSE MARVIN GAYE

FAMILY'S TRIAL VICTORY
URL: http://www.hollywoodreporter.com/thr-esq/blurred-lines-creators-urge-appeals-922465
Pharrell Williams, Robin Thicke and T.I. file their opening brief at the 9th Circuit.
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Joshua L. Simmons
DESPITE WHAT YOU HEAR, NOTICE AND TAKEDOWN IS FAILING CREATORS AND
COPYRIGHT OWNERS
URL: http://mistercopyright.org/despite-what-you-hear-notice-and-takedown-is-failing-creators-
and-copyright-owners
In a recent op-ed in the LA Times, Professors Chris Sprigman and Mark Lemley praise the
notice and takedown provisions of the Digital Millennium Copyright Act (DMCA) as "a bit of
copyright law worth saving."
3RD CIRC. BACKS BIGGER DAMAGES FOR INFRINGEMENT OF RARE PICS

The Third Circuit on Wednesday upheld a $1.6 million copyright damages verdict in favor of
photographer Andrew P. Leonard, crediting a damages expert's contention that his rare images of
stem cells, which were widely replicated without permission by defendant Stemtech International
Inc., were worth more than regular photos.
JUDGE DISMISSES COPYRIGHT FIGHT OVER BEATLES DOCUMENTARY

A New York federal judge on Tuesday dismissed a lawsuit accusing Sony/ATV Music
Publishing and The Beatles' Apple Corp. of unlawfully asserting copyright claims to block a
documentary about the Fab Four, after a U.K. court ruled that the film improperly used
copyrighted songs.
PHARRELL, ROBIN THICKE AIM TO OVERTURN COPYRIGHT INFRINGEMENT

VERDICT FOR 'BLURRED LINES'
URL: http://www.law.com/sites/almstaff/2016/08/24/blurred-lines-songwriters-aim-to-overturn-
copyright-infringement-verdict/
Pointing to what they call a "cascade of legal errors," Pharrell Williams and Robin Thicke have
asked a federal appeals court to overturn last year's verdict finding that their 2013 smash hit
"Blurred Lines" had infringed on a copyright for Marvin Gaye's "Got To Give It Up."
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THE NEW WAR ON PIRACY

via The Hindu by Lawrence Liang on 8/24/2016
URL: https://www.google.com/url?rct=j&sa=t&url=http://www.thehindu.com/opinion/lead/the-
new-war-on-
piracy/article9026933.ece&ct=ga&cd=CAIyGmRiMzg0NjE4MWQxMGU1MGI6Y29tOmVuOl
VT&usg=AFQjCNGy5Cb_2S8y0i9ztntTCBjTuRrP_g
Recent reports about the change in copyright infringement warnings on various websites have
triggered anxiety among many Internet users in India.
ARIANA GRANDE, APPLE FACE SONGWRITER'S COPYRIGHT SUIT

A Canadian music producer and songwriter filed a copyright infringement suit against Ariana
Grande, Apple Inc. and others alleging the pop singer's hit 2014 song, "One Last Time," rips off
a song he penned in 2012, according to a suit filed Tuesday in California federal court.
CISCO, ARISTA BOTH DENIED IP WIN IN NETWORK PATENT SUIT

Cisco Systems Inc. couldn't secure a quick win against competitor Arista Networks Inc. over its
copyright claims involving computer network technologies after a California federal judge said
Tuesday there are disputed issues of material fact over the originality of and Cisco's ownership in
the disputed interface.
COUNTRY SINGER WINS ATTY FEES FROM LABEL IN COPYRIGHT SUIT

A Texas federal judge on Wednesday ordered a record label to pay a little more than $15,000 in
attorneys' fees to a country singer whom it sued over copyright infringement, saying the award is
merited given the "baseless" nature of the suit.
HANS ZIMMER SCORES WIN IN '12 YEARS A SLAVE' COPYRIGHT LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/hans-zimmer-scores-win-12-922850
The legendary composer was accused of copying commercial library music for 'Solomon.'
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Joshua L. Simmons
A FACELIFT FOR IP-LICENSING ANTITRUST GUIDELINES

via Intellectual Property Law360 by William R. Vigdor et al. on 8/25/2016
The Federal Trade Commission and the U.S. Department of Justice recently announced that they
are seeking public views on a set of proposed updates to the 1995 Antitrust Guidelines for the
Licensing of Intellectual Property. The proposed guidelines may be most interesting for what
they do not change, say attorneys with Vinson & Elkins LLP.
HANS ZIMMER BEATS '12 YEARS A SLAVE' COPYRIGHT SUIT

A little-known composer has apologized for bringing a lawsuit that claimed Hollywood
soundtrack heavyweight Hans Zimmer lifted key parts of the score to "12 Years A Slave" from
an earlier work, saying the suit was "misguided and mistaken."
ORACLE PUSHING HARD FOR ANDROID-JAVA RE-RETRIAL WHILE GOOGLE FAILS

TO JUSTIFY ITS LIES TO THE JURY
URL: http://www.fosspatents.com/2016/08/oracle-pushing-hard-for-android-java-re.html
In litigation, the devil is often in the detail, but not always. Sometimes there are overarching
issues that decide a dispute and the legal detail is simply worked out in order to reach the only
result that any remotely reasonable person could consider correct.
GOOGLE, ORACLE TRADE SHOTS OVER ANDROID EXPANSION PLANS

Oracle wants a retrial in a massive IP row after a jury found that the use of building blocks of
Oracle's Java in Google's Android operating system was fair, accusing Google Thursday of
defrauding the court by insisting Android only ran on smartphones, while Google said it was
known all along that Android was going to expand to other devices.
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BRAD PAISLEY, CARRIE UNDERWOOD BEAT SONG COPYRIGHT SUIT

A Tennessee federal judge on Thursday tossed a copyright infringement suit against singers Brad
Paisley and Carrie Underwood over their song "Remind Me," saying the 2011 chart-topper
doesn't steal a hook from a songwriter.
BEYONCE TRAILER IS 'SIMPLY NOT SIMILAR' TO FILM, RAKOFF HEARS

Beyonce's 65-second trailer for her visual album "Lemonade" is "simply not similar" to the
seven-minute short film "Palinoia," whose maker accused the chanteuse of copyright
infringement, U.S. District Judge Jed Rakoff heard Thursday.
ED SHEERAN TARGETED BY HEIRS OF 'LET'S GET IT ON' CO-WRITER IN

COPYRIGHT INFRINGEMENT SUIT
URL: http://www.ipwatchdog.com/2016/08/26/ed-sheeran-copyright-infringement/id=72116/
On Tuesday, August 9th, Ed Sheeran was named as a defendant in a copyright lawsuit filed by
three heirs of American singer-songwriter Lee Townsend. Townsend, who passed away in 2003,
was Marvin Gaye's co-writer for his famous song "Let's Get It On." The suit, which also lists
among the defendants Warner Music Group, Atlantic Records UK, Sony/ATV Music Publishing
and Amy Wadge, Sheeran's co-writer on "Thinking Out Loud," alleges that the song "copied the
heart" of "Let's Get It On" and repeated...
MOTION PICTURE UNIONS OPPOSED TO FCC SET-TOP PROPOSALS

URL: http://illusionofmore.com/motion-picture-unions-opposed-to-fcc-set-top-proposals/
As noted several times on this blog, it takes a lot of highly skilled people to make a film or TV
show, and these people generally do not own any copyright interest in the works they help make
or any ...
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Joshua L. Simmons
PHOTOGRAPHER SEEKS $1B FROM GETTY IN COPYRIGHT VIOLATION LAWSUIT

via Law.com - Newswire by Larry Neumeister on 8/26/2016
URL: http://www.law.com/sites/articles/2016/08/25/photographer-seeks-1b-from-getty-in-
copyright-violation-lawsuit/
An accomplished photographer who lets the public use thousands of her images of America for
free has sued the Getty Images photo agency for more than $1 billion, saying it is improperly
selling her work to customers and threatening those who don't pay.
CISCO V. ARISTA IP BATTLE STARTS TO LOOK A LOT LIKE ORACLE V. GOOGLE

URL: http://www.law.com/sites/articles/2016/08/26/cisco-v-arista-ip-battle-starts-to-look-a-lot-
like-oracle-v-google/
Judge Beth Labson Freeman rejected Cisco's motion for summary judgment, setting up a clash
over copyrightability and fair use.
RICHARD PRINCE FACES FOURTH LAWSUIT OVER COPYRIGHT INFRINGEMENT

via Artforum on 8/26/2016
URL: http://artforum.com/news/id=63151
Appropriation artist Richard Prince is being sued for copyright infringement for the fourth time,
Julia Halperin of the Art Newspaper reports.
DOJ WIDENS KICKASSTORRENTS PROBE, CHARGES THREE UKRAINIANS IN

GLOBAL COPYRIGHT-INFRINGEMENT CASE
via Washington Times by Andrew Blake on 8/26/2016
URL: http://www.washingtontimes.com/news/2016/aug/26/doj-widens-kickasstorrents-probe-
charges-three-ukr/
In this Feb. 27, 2013, file photo illustration, hands type on a computer keyboard in Los Angeles.
CARRIE UNDERWOOD, BRAD PAISLEY WIN COPYRIGHT INFRINGEMENT CASE

via Rolling Stone on 8/26/2016
URL: http://www.rollingstone.com/country/news/carrie-underwood-brad-paisley-win-copyright-
case-w436478
Finell famously testified on behalf of Marvin Gaye's family in the copyright infringement case
against Pharrell and Robin Thicke's "Blurred Lines.
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PACHAMUTHU'S SONS GET RELIEF IN COPYRIGHT ROW ON THE SAME DAY OF

HIS ARREST
via The New Indian Express on 8/26/2016
URL: http://www.newindianexpress.com/cities/chennai/Pachamuthus-sons-get-relief-in-
copyright-row-on-the-same-day-of-his-arrest/2016/08/27/article3599248.ece
On a day when the SRM Group chairman Pachamuthu was arrested in a cheating case, the
Madras High Court gave relief to his two sons ...
PHOTOGRAPHER BLASTS PETA'S APPEAL IN "MONKEY SELFIE" LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/monkey-selfie-photographer-blasts-petas-
923074
The attorney for David Slater says the copyright fight over the infamous "monkey selfie" is
poised to earn back-to-back titles as the year's most ridiculous lawsuit.
MEGAUPLOAD FOUNDER KIM DOTCOM WOULDN'T GET A FAIR TRIAL IN THE US:
LAWYER
via cNBC by Arjun Kharpal on 8/28/2016
URL: http://www.cnbc.com/2016/08/29/megaupload-founder-kim-dotcom-wouldnt-get-a-fair-
trial-in-us-lawyer-says-as-extradition-appeal-hearing-starts-in-new-zealand.html
Megaupload founder Kim Dotcom would not get a fair trial in the "unfair playing ground" of the
U.S. where he faces copyright infringement and ...
PUBLISHERS APPEAL GSU COPYRIGHT CASE

URL: http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/71357-publishers-
appeal-gsu-copyright-case.html
Following their second district court loss in eight years of litigation, the publisher plaintiffs in
Cambridge University Press vs. Patton (known commonly ...
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Joshua L. Simmons
THIRD CIRCUIT UPHOLDS $1.6M IN DAMAGES FOR STEM CELL PHOTOGRAPHER

via Law.com - Newswire by Tom McParland on 8/29/2016
URL: http://www.law.com/sites/articles/2016/08/26/third-circuit-upholds-1-6m-in-damages-for-
stem-cell-photographer/
The U.S. Court of Appeals for the Third Circuit has upheld a $1.6 million damages verdict and
opened a door to additional recovery for a stem cell photographer who was not paid for a
company's widespread use of his rare and valuable images.
BLOCKING OFFSHORE PIRATE WEBSITES: IT CAN BE BOTH EFFECTIVE AND

MANAGEABLE
URL: http://hughstephensblog.net/2016/08/29/blocking-offshore-pirate-websites-it-can-be-both-
effective-and-manageable
A recently released study by Carnegie Mellon University (CMU) examines the effectiveness of
internet site blocking to control copyright piracy in the UK, and comes to some interesting
conclusions.
FOREVER 21 SUES ANOTHER RETAILER FOR COPYING

URL: http://www.thefashionlaw.com/home/forever-21-sues-another-retailer-for-copying
The copyright registration at issue, which covers the design of a "Visual ... exclusive right to use
the copyrighted design, a red-based medallion print.
COX CAN'T HALT FEE FIGHT IN USER PIRACY SUIT, BMG SAYS
Cox Communications has no basis to pause costs and fees consideration while it appeals a case
over whether it forfeited the immunity of the Digital Millennium Copyright Act by not blocking
music piracy by its subscribers, music publisher BMG Rights Management told a Virginia
federal court Friday.
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GRUMPY CAT'S OWNERS TAKING COFFEE MAKER TO COURT OVER COPYRIGHT

INFRINGEMENTS
via NZHerlad by Matthew Dunn on 8/29/2016
URL: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11701874
The company ignored requests, so Grumpy Cat's owners are now asking a California federal
court for $828,040 in damages. The internet loves a good ...
WIPR SURVEY: 'DANCING BABY' CASE FAILS TO GET IT RIGHT

URL: http://www.worldipreview.com/news/wipr-survey-dancing-baby-case-fails-to-get-it-right-
12100
The long-running 'dancing baby' copyright saga does not achieve the right balance between
copyright and fair use, according to the majority of ...
THE NEXT FIGHT BETWEEN MEGAUPLOAD AND THE US WILL BE LIVESTREAMED

URL: http://arstechnica.com/tech-policy/2016/08/kim-dotcoms-extradition-appeal-will-be-
livestreamed/
The battle between the US and Kim Dotcom over whether he should face criminal copyright
charges is coming to a screen near you.
"BLURRED LINES" APPEAL GETS SUPPORT FROM MORE THAN 200 MUSICIANS
URL: http://www.hollywoodreporter.com/thr-esq/blurred-lines-appeal-gets-support-924213
An eclectic group of artists from R. Kelly to Hans Zimmer tell the 9th Circuit that the verdict, if
allowed to stand, "is very dangerous to the music community."
KIM DOTCOM EXTRADITION FIGHT WILL STREAM ONLINE FROM NZ

After initially denying Kim Dotcom's request to livestream a high-profile hearing over whether
the Megaupload Ltd. founder and three other defendants can be brought to the United States for a
criminal trial, a New Zealand judge granted the request Tuesday with some restrictions,
according to a newspaper report.
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Joshua L. Simmons
PRINCE: THE KING OF COPYRIGHT

via IPLJ by Carly Kugler on 8/30/2016
URL: http://www.fordhamiplj.org/2016/08/30/prince-king-copyright/
Prince will always be remembered for doing things his own way, building a legacy as one of the
most dynamic performers and prolific musicians in recent memory.
200 ARTISTS PRESS 9TH CIRC. TO NIX 'BLURRED LINES' VERDICT

More than 200 musical artists urged the Ninth Circuit on Tuesday to toss out a jury verdict that
Pharrell Williams and Robin Thicke infringed an iconic Marvin Gaye song with their hit
"Blurred Lines," calling it "very dangerous to the music community."
THE LIBRARIAN OF CONGRESS IS NOT THE NATION'S COPYRIGHT AUTHORITY.

URL: http://illusionofmore.com/the-librarian-of-congress-is-not-the-nations-copyright-authority/
Just because the surgeon general serves at the pleasure of the president, that doesn't mean we
think the president is, therefore, the more qualified expert in medicine. We want a president to
have views on domestic healthcare in general but ...
EU LAWMAKERS ARE ABOUT TO TRY MAKING GOOGLE PAY FOR GOOGLE NEWS
URL: http://fortune.com/2016/08/31/eu-google-ancillary-copyright/
Additionally, while the German ancillary copyright law only applied to search engines and news
aggregators, the draft EU proposal would also forbid ...
HOW DO FAST FASHION RETAILERS GET AWAY COPYING HIGH FASHION

BRANDS?
URL: http://www.thefashionlaw.com/home/how-do-fast-fashion-retailers-get-away-copying-
high-fashion-brands
Well, put simply, copyright law is not necessarily a friend to fashion in the United States. This is
a blanket statement, of course, but it bears quite a bit of ...
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'BLURRED LINES' VERDICT A 'DANGEROUS' THREAT TO CREATIVITY, MUSICIANS

WARN APPEALS COURT
URL: http://blogs.wsj.com/law/2016/08/31/blurred-lines-verdict-a-dangerous-threat-to-
creativity-celebrity-musicians-warn-appeals-court/
A group of more than 200 prominent musicians are urging a federal appeals court to throw out
the copyright infringement verdict against "Blurred Lines," warning that the future of artistic
creativity is at stake.
ESPN FACES COPYRIGHT SUIT OVER FOOTBALL DOCUMENTARY

ESPN was hit with a copyright infringement and breach-of-contract suit in Mississippi federal
court Wednesday accusing the sports broadcasting giant and others of reneging on a deal to use
footage from a 2004 documentary about a college football player in ESPN's own 2014 version.
EU PROPOSES 20-YEAR LINK RIGHT FOR NEWS PUBLISHERS

The latest leak of the EU's proposed changes to copyright law has revealed that the so-called
'link right' could last for much longer than previously ...
- 533 -
Joshua L. Simmons
September 2016
MANNERS MAKETH THE COPYRIGHT INFRINGER - COURT AWARDS $60000

'ADDITIONAL DAMAGES' FOR ...
via Lexology by Timothy Gorton on 9/1/2016
URL: http://www.lexology.com/library/detail.aspx?g=b089b159-be89-49c3-b9a4-f3d94bfd41fd
In August last year, this blog discussed the Queensland Supreme Court decision of Coles v
Dormer. That case involved copyright infringement of ...
SCORES OF MUSICIANS LEND VOICES TO 'BLURRED LINES' APPEAL

URL: http://www.law.com/sites/articles/2016/08/31/scores-of-musicians-lend-voices-to-blurred-
lines-appeal/
A group of more than 200 musicians, composers and other artists on Wednesday supported the
attempts of Pharrell Williams and Robin Thicke to overturn a multimillion-dollar copyright
infringement verdict related to the hit song "Blurred Lines."
BEYONCE SLAYS 'LEMONADE' LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/beyonce-slays-lemonade-lawsuit-925024
The artist's award-winning visual album didn't copy an indie short film, a New York federal
judge has ruled.
THE LINE-UP OF MUSIC ACTS SUPPORTING THE "BLURRED LINES" PLAGIARISM

APPEAL WOULD MAKE FOR A GREAT ...
via Quartz by Amy X. Wang on 9/1/2016
URL: http://qz.com/771895/the-line-up-of-music-acts-supporting-the-blurred-lines-plagiarism-
appeal-would-make-for-a-great-concert/
If a song's general vibe or feel is subject to copyright, the creators say, then any songwriter who
draws any sort of inspiration from previous works of ...
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THE MONKEY SELFIE IS BACK!

URL: http://qz.com/771895/the-line-up-of-music-acts-supporting-the-blurred-lines-plagiarism-
appeal-would-make-for-a-great-concert/
to the more abstract: Copyright's fundamental rationale is that bestowing protection on works is a
means of providing "authors" with an incentive that ...
HOLLYWOOD STUDIOS, FOOTBALL LEAGUES URGE EU RETHINK ON COPYRIGHT

URL: http://www.reuters.com/article/us-eu-copyright-idUSKCN1175WH
Hollywood studios, football leagues urge EU rethink on copyright ... have urged the European
Union to reconsider a planned copyright overhaul they ...
RAKOFF BOOTS 'LEMONADE' TRAILER SUIT AGAINST BEYONCE

U.S. District Judge Jed Rakoff on Wednesday booted a copyright infringement lawsuit claiming
a trailer for Beyonce's smash hit "Lemonade" special on HBO lifted key elements from a little-
known short film.
MARK ROSE: THE AUTHORS AND THEIR PERSONALITIES THAT SHAPED

COPYRIGHT LAW
via Written Description by Shyamkrishna Balganesh on 9/1/2016
URL: http://writtendescription.blogspot.com/2016/09/mark-rose-authors-and-their.html
"Great cases like hard cases make bad law" said Justice Holmes at the turn of the twentieth
century. By contrast in copyright law, complex personalities and facts seem to allow the law to
work itself pure.
FILMON CAN'T USE COMPULSORY COPYRIGHT LICENSE, DC CIRC TOLD

A group of television networks asked the D.C. Circuit on Wednesday to uphold a district court's
ruling finding that streaming services like FilmOn X don't qualify for a compulsory license to
stream copyrighted content, arguing that FilmOn is simply any infringer under the Copyright
Act.
- 535 -
Joshua L. Simmons
PROPOSED UPDATE OF THE ANTITRUST GUIDELINES FOR LICENSING

INTELLECTUAL PROPERTY: FTC AND DOJ SEEK PUBLIC COMMENT
via Types Of Law by Lauren N. McComis on 9/1/2016
URL: http://www.natlawreview.com/article/proposed-update-antitrust-guidelines-licensing-
intellectual-property-ftc-and-doj
On August 12, 2016, the Federal Trade Commission and the Department of Justice's Antitrust
Division (the Agencies) invited interested parties to comment on the Proposed Update of the
Antitrust Guidelines for Licensing Intellectual Property (IP Licensing Guidelines). The Agencies
are accepting public comments until September 26, 2016.
RECORD COS. FIGHT BID FOR CHUNK OF $210M SIRIUSXM DEAL

via Intellectual Property Law360 by Bryan Koenig on 9/1/2016
The five major record labels sought permission Wednesday in California federal court to oppose
a bid for attorney's fees from their $210 million settlement with SiriusXM Radio, arguing class
counsel for owners of pre-1972 songs have no claim to the cash.
GANNETT RESOLVES IP SUIT OVER LOBSTER-CATCHING DOG VIDEO

Gannett has settled a copyright infringement suit accusing the media company of unlawfully
posting a Florida jewelry company's video of a dog diving into the ocean and catching a lobster,
according to documents filed Thursday in New York federal court.
INDUSTRY PROPOSALS CONTRARY TO SPIRIT OF MARRAKESH TREATY,

LIBRARIES SAY
via Intellectual Property Watch by Alexandra Nightingale on 9/2/2016
URL: http://www.ip-watch.org/2016/09/02/industry-proposals-contrary-to-spirit-of-marrakesh-
treaty-libraries-say/
An international group of librarians has warned that rights holder organisations in some countries
are promoting provisions that restrict and impede the access envisaged by the Marrakesh Treaty
providing exceptions to copyrighted works for visually impaired persons.
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EU: DRAFT OF NEW COPYRIGHT DIRECTIVE LEAKED

via Lexology by Alastair Shaw et al. on 9/2/2016
URL: http://www.lexology.com/library/detail.aspx?g=b467c6e9-2d31-4b2b-b317-d721c9595bc1
Then on Wednesday, a first draft of the new Copyright Directive became public. It deals with,
among other points, new and mandatory limitations to ...
NINTENDO'S DMCA-BACKED QUEST AGAINST ONLINE FAN GAMES

URL: http://arstechnica.com/gaming/2016/09/nintendos-dmca-backed-quest-against-online-
fangames/
Online game distributor Game Jolt has removed over 500 fan games from its public pages after it
says it received a DMCA request from Nintendo, highlighting a more-focused crackdown on
such games from the 3DS and Wii U maker.
PANEL TOSSES SUIT BY LOHAN OVER VIDEO GAME LIKENESS

via Law.com - Newswire by Jason Grant on 9/2/2016
URL: http://www.law.com/sites/articles/2016/09/01/panel-tosses-suit-by-lohan-over-video-
game-likeness/
A New York appeals court has dismissed claims by Lindsay Lohan and Karen Gravano, a star of
the former reality TV show "Mob Wives," that their likenesses were misappropriated by
developers and publishers of the video game "Grand Theft Auto V."
FOX NEWS DOUBLES DOWN AGAINST TVEYES IN FAIR USE CASE

Fox News Network LLC slammed television search engine TVEyes Inc.'s contention that its
media-monitoring service is legal under the fair use doctrine as a research tool, telling the
Second Circuit on Wednesday that TVEyes had conceded the service's commercial use.
9TH CIRC. NIXES UNIVERSAL, JESSIE J IP SUIT OVER HIT SONG

The Ninth Circuit on Friday tossed a copyright infringement suit alleging Universal Music
Group and pop star Jessie J ripped off a California indie musician's song for their 2011 hit
"Domino," backing a lower court's determination that the defendants didn't have access to the
song.
- 537 -
Joshua L. Simmons
GETTY SEEKS ARBITRATION FOR SPORTS PHOTOGS' COPYRIGHT SUIT

Getty Images made a bid Thursday to dismiss two sports photographers' copyright infringement
suit in Wisconsin federal court that charges the licensing company with involvement in a
"massive counterfeiting scheme," saying the suit should be tossed in favor of arbitration.
DESIGN PATENTS AND COPYRIGHTS FOR DESIGNS ON USEFUL ARTICLES

via National Law Review by Linda E.B. Hansen on 9/2/2016
URL: http://www.natlawreview.com/article/design-patents-and-copyrights-designs-useful-
articles
Two recent cases illustrate the potential benefits of protecting intellectual property rights with
both design patents and copyrights, particularly for an ...
SONY, LATIN MUSIC STAR HIT WITH COPYRIGHT, CONTRACT SUIT

Latin Grammy Award-winner Luny and a Puerto Rico-based music production company have
filed a multicount, multimillion-dollar federal lawsuit against Sony Music Entertainment and
fellow Reggaeton musician Yandel for alleged copyright infringement and breach of several
working agreements.
UNIVERSITY OF AUCKLAND: SPORTS STARS MAY FACE LAWSUITS OVER

TATTOOS
via NZHerald on 9/4/2016
URL: http://www.nzherald.co.nz/university-of-
auckland/news/article.cfm?c_id=1503679&objectid=11703745
Tattoo company Solid Oak Sketches alleges the game makers violated the copyrights of its artists
by replicating the real-life tattoos of American ...
WIPR SURVEY: 'BLURRED LINES' SPURS FLURRY OF COPYRIGHT SUITS

URL: http://www.worldipreview.com/news/wipr-survey-blurred-lines-spurs-flurry-of-copyright-
suits-12137
The long-running "Blurred Lines" copyright saga appears to have encouraged more people to
target high-profile songs for infringement, according to ...
- 538 -
MEDIA INDUSTRY GEARS UP FOR EUROPEAN COPYRIGHT BATTLE

via The Hollywood Reporter by Scott Roxborough on 9/5/2016
URL: http://www.hollywoodreporter.com/news/media-industry-gears-up-european-925707
A draft proposal suggests the European Union may force networks to strike pan-European
licensing deals and make Google pay for Google News.
FCC TO PROPOSE ITSELF AS SOLE TV PROGRAMMER IN LATEST SET-TOP BOX

TWIST
via Forbes by Larry Downes on 9/6/2016
URL:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/larrydownes/2016
/09/06/fcc-to-propose-itself-as-sole-tv-programmer-in-latest-set-top-box-
twist/&refURL=&referrer=
Hollywood studios, meanwhile, claimed the new technical standard would undermine copyrights
and the complex business arrangements that make ...
WARNER BROS. FLAGS OWN SITE FOR PIRACY, ORDERS GOOGLE TO CENSOR
PAGES
URL: http://arstechnica.com/tech-policy/2016/09/warner-bros-flags-own-site-for-piracy-dmca-
google/
Warner Bros. ordered Google to remove several of its own Web pages from search results on the
grounds they infringed the media giant's copyright.
SIMS' USB COULD BE COPYRIGHT PROTECTED, 9TH CIRC. SAYS

The Ninth Circuit on Tuesday revived a copyright suit against Electronic Arts over allegedly
stolen designs for a promotional "Sims" themed USB drive, finding that whether drive-maker
Direct Technologies LLC's design decisions were original should be up to a jury.
- 539 -
Joshua L. Simmons
HARVARD, RESEARCHER REACHES SETTLEMENT IN COPYRIGHT INFRINGEMENT

SUIT
via The Harvard Crimson on 9/6/2016
URL: http://www.thecrimson.com/article/2016/9/7/museum-settles-suit/
A settlement has been reached in a copyright infringement lawsuit between the University and
Steve Elmore, a researcher of native American pottery, ...
9TH CIRCUIT HITS 'RESTART' ON COPYRIGHT CASE AGAINST ELECTRONIC ARTS,

TOSS...
via Reuters by Barbara Grzinic on 9/7/2016
URL: http://www.reuters.com/article/ip-ea-copyright-idUSL1N1BJ0BG
A California company can sue gamemaker Electronic Arts for joint ownership of the copyright
on a promotional item that was included in a special ...
COPYRIGHT INFRINGEMENT CLAIM SUCCESSFUL BY WAY OF APPLICATION

via Lexology by Kristen Kilroy & Laurent Massam on 9/7/2016
URL: http://www.lexology.com/library/detail.aspx?g=0f4680cb-ca19-4efe-abd9-84fc5167da22
In this proceeding, Microsoft asserted that Mr. Liu had personally infringed its copyright in a
number of computer programs by selling unlicensed ...
COPYRIGHT IMPLICATIONS OF PROTECTING TATTOOS. QUESTIONS RAISED BY

NBA 2K VIDEO GAME LAWSUIT
via Lexology by Joy R. Butler on 9/7/2016
URL: http://www.lexology.com/library/detail.aspx?g=99098510-3523-4615-a047-
219a33a24819
However, Solid Oak is continuing the lawsuit for actual damages. ... To begin the calculation,
Solid Oak used the $22,500 court award to tattoo artist ...
LED ZEPPELIN ASKS 9TH CIRC. FOR 'STAIRWAY' ATTY FEES

Warner/Chappell Music Inc. is heading to the Ninth Circuit to win repayment of an $800,000
legal bill it racked up defeating accusations that Led Zeppelin's "Stairway to Heaven" infringed
an obscure rock song.
- 540 -
MOSLEY'S BOXING CO. SOCKS FIRM WITH SUIT OVER TV RIGHTS

Former three-weight world champion "Sugar" Shane Mosley's boxing promotion company is
seeking more than $2 million in damages from a firm that allegedly sold foreign broadcast rights
to a Mosley bout without telling or paying the fighter's team, according to a copyright
infringement and breach of contract suit filed in California federal court Tuesday.
SAVE THE DATE: 24TH ANNUAL IPLJ SYMPOSIUM

via IPLJ by Anthony Zangrillo on 9/7/2016
URL: http://www.fordhamiplj.org/2016/09/07/save-date-24th-annual-iplj-symposium-2/
The Symposium will feature three panel discussions on hot legal topics in intellectual property,
copyright, and social media. Attendees will be able to receive CLE credit for the programs. A
catered lunch will be provided, and a cocktail reception will immediately follow the panels.
'THIS LAND' SUIT HAS NO STANDING, MUSIC PUBLISHERS SAY

The owners of the iconic folk tune "This Land Is Your Land" pushed Tuesday to toss out a class
action aimed at freeing the song for all to use, warning that the case would put "the entirety of
the music industry at risk of unimaginable harassment."
LINKING CAN INFRINGE COPYRIGHT IN EUROPE, TOP COURT RULES

URL: http://fortune.com/2016/09/08/cjeu-hyperlinks-playboy/
A Dutch website infringed copyright by posting links to copyright-infringing material, Europe's

top court has ruled. Thursday's ruling by the Court of ...
PLAYBOY WINS COPYRIGHT BATTLE OVER WEB LINKS TO ITS IMAGES

URL: http://www.reuters.com/article/us-eu-playboy-copyright-idUSKCN11E1LR
Content owners argue that the ease with which people can post links to copyrighted material on
the internet infringes their rights while internet users ...
- 541 -
Joshua L. Simmons
THE TPP (AND ITS COPYRIGHT PROVISIONS): THERE'S STILL A CHANCE

URL: http://hughstephensblog.net/2016/09/08/the-tpp-and-its-copyright-provisions-theres-still-a-
chance
The Trans-Pacific Partnership (TPP) may be a political pariah in the current US Presidential
election, with both Mrs. Clinton (who ironically was Secretary of State at the time it was being
negotiated) and Mr. Trump condemning it, despite endorsement from a wide range of business
groups, but at least it still has the support of the Obama Administration.
MUSIC PUBLISHERS, PHOTO AGENCIES BATTLE CLAIMS OF LICENSING PUBLIC

DOMAIN WORKS
URL: http://www.hollywoodreporter.com/thr-esq/music-publishers-photo-agencies-battle-
926620
Dismissal motions come in lawsuits over "This Land" and thousands of photographs donated to
the Library of Congress.
US COPYRIGHT OFFICE CHARGED WITH INDUSTRY BIAS

URL: http://www.ip-watch.org/2016/09/08/us-copyright-office-charged-with-industry-bias/
The United States Copyright Office systematically hires officials from the copyright industries it
serves and oversees, while excluding experts with other views, a public interest group has
charged. "The Copyright Office is one of the starkest examples of a captured agency operating
within the government today," Meredith Rose, policy advocate at Public Knowledge said in [...]
PHOTOS OF DUTCH PLAYBOY MODEL SPARK MAJOR EU COPYRIGHT RULING

URL: http://www.hollywoodreporter.com/thr-esq/photos-dutch-playboy-model-spark-926701
Hollywood rightsholders can now go after EU for-profit websites that link to pirated content.
- 542 -
FCC CHANGES CABLE BOX RULES TO PLEASE INDUSTRY, GETS BLOWBACK

ANYWAY
URL: http://arstechnica.com/information-technology/2016/09/fcc-changes-cable-box-rules-to-
please-industry-gets-blowback-anyway/
The Federal Communications Commission has ditched its original proposal to reform the set-top
box industry and accepted an alternative plan put forward by ca-ble companies, but is making
changes that cable TV lobbyists aren't happy about.
HYPERLINKS CAN INFRINGE COPYRIGHT IF COMMERCIAL, EUROPEAN HIGH

COURT SAYS
URL: http://www.ip-watch.org/2016/09/08/hyperlinks-can-infringe-copyright-if-commercial-
european-high-court-says/
A hyperlink on a website that links to copyrighted material and does not have the rights holder's
consent is allowable if for non-commercial purposes, the Court of Justice of the European Union
said today. But it may infringe copyright if linked for profit and with knowledge of the lack of
permission to link it, it [...]
FCC CHAIRMAN TOM WHEELER PUTS FORWARD BIG PROPOSAL TO RESHAPE

ACCESS TO TV PROGRAMMING
URL: http://www.hollywoodreporter.com/thr-esq/fcc-chairman-tom-wheeler-puts-926727
Pay TV providers would be required to give consumers free apps with extensive functionality in
a proposal to be voted on Sept. 29.
NFL, HOLLYWOOD STUDIOS JUMP INTO FILMON FIGHT

The National Football League, major Hollywood studios and a slew of others on Wednesday
jumped into the closely-watched case of FilmOn X, urging the D.C. Circuit to rule that online
streaming services don't deserve the same automatic copyright license as traditional cable
companies.
- 543 -
Joshua L. Simmons
FCC'S TOM WHEELER SETS PLAN TO OPEN UP MARKET FOR SET-TOP BOXES
via WSJ.com: Technology by John D. McKinnon on 9/8/2016
URL: http://www.wsj.com/articles/fccs-tom-wheeler-unveils-his-plan-to-open-up-market-for-
set-top-boxes-1473373830?mod=rss_Technology
Federal Communications Commission Chairman Tom Wheeler on Thursday released his plan to
open up the market for television set-top boxes, setting up a showdown with large cable and
other pay-TV companies.
COPYRIGHT TIPS TO REMEMBER WHEN PRODUCING ONLINE VIDEOS

via Journalism.co.uk by Arnau Villa on 9/9/2016
URL: https://www.journalism.co.uk/news/copyright-tips-to-remembers-when-producing-online-
videos/s2/a672577/
When should you ask for permission to include material in your video production and what
should you be concerned with when licensing your work?
COMCAST TO FCC: YOUR SET-TOP BOX PLAN IS ILLEGAL

URL: http://arstechnica.com/information-technology/2016/09/comcast-claims-fcc-set-top-box-
plan-violates-law-doesnt-say-how/
Comcast has accused the Federal Communications Commission of violating the law with its new
proposal for helping consumers avoid renting set-top boxes. But the cable company hasn't
explained exactly how it thinks the FCC proposal is illegal.
GOOGLE-FUNDED GROUP MAD THAT US COPYRIGHT OFFICE HASN'T ABOLISHED

COPYRIGHT YET
URL: http://www.theregister.co.uk/2016/09/09/google_us_government_copyright/
Comment Following extensive coverage of Google's capture of government policy making and
its agencies, a Google-funded group has responded ...
ORACLE FILES PROPOSED NOTICE OF DEPOSITION OF GOOGLE WITNESSES

REGARDING DISCOVERY MISCONDUCT
URL: http://www.fosspatents.com/2016/09/oracle-files-proposed-notice-of_9.html
On August 25, Oracle and Google filed sworn statements (and Oracle also filed an objection)
regarding Oracle's motion for an Android-Java copyright re-retrial over alleged discovery
- 544 -
misconduct and lies to the jury. Judge Alsup then ordered the parties to respond to each other's
filings with new sworn declarations, which were due today.
SIRIUS XM GETS PARTIAL WIN IN PRE-1972 ROYALTIES ROW

A California federal judge on Thursday gave Sirius XM Radio a partial win in a class action filed
by The Turtles rock band seeking royalty payments for thousands of pre-1972 recordings,
dismissing punitive damages and unfair competition claims but refusing to boot potential
disgorgement of proceeds.
IN THE EUROPEAN UNION, LINK AT YOUR OWN RISK

URL: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/09/09/in-the-
european-union-link-at-your-own-risk/
The European Copyright Directive provides that "Member States shall provide authors with the
exclusive right to authorize or prohibit any ...
GIVE ME A ©! SCOTUS TAKES ON ZIGZAGS AND CHEERLEADING UNIFORMS

via Law.com - Newswire by Erica Klein on 9/9/2016
URL: http://www.law.com/sites/articles/2016/09/09/give-me-a-scotus-takes-on-zigzags-and-
Erica D. Klein of Kramer Levin Naftalis & Frankel writes: Depending on which team's view
scores with the U.S. Supreme Court justices, 'Star Athletica v. Varsity Brands' could either
significantly expand the field of fashion elements outside the ambit of copyright protection, or
reaffirm upon review that an original work of authorship does not lose its copyrightability merely
because it's affixed to a wearable item.
IN LUXURY FASHION, THE UNITED STATES IS A PIRATE

via Law.com - Newswire by Harley Lewin & James Donoian on 9/9/2016
URL: http://www.law.com/sites/articles/2016/09/09/in-luxury-fashion-the-united-states-is-a-
pirate/
Harley Lewin and James Donoian of McCarter & English write that the lack of IP protection in
the United States continues to damage and hinder growth of the domestic fashion industry.
- 545 -
Joshua L. Simmons
RE-FASHIONING THE LAW

via Law.com - Newswire by Susan Scafidi on 9/9/2016
URL: http://www.law.com/sites/articles/2016/09/09/re-fashioning-the-law/
Susan Scafidi of the Fashion Law Institute at Fordham Law School writes: Smart, forward-
looking attorneys in general and IP practitioners in particular should square their shoulders,
narrow their ties, and take a close look at the fashion industry to see what's coming next in
Fashion Law.
EU PLANS TO PROTECT NEWS PUBLISHERS' ONLINE COPYRIGHT

via The Irish Times by Peter Murtagh on 9/9/2016
URL: http://www.irishtimes.com/news/ireland/irish-news/eu-plans-to-protect-news-publishers-
online-copyright-1.2786027
News organisations that generate original content will be protected by copyright against
information aggregators, as well as unscrupulous online ...
GOOGLE FIBER SIGNED UP SHOCKINGLY FEW VIDEO CUSTOMERS THIS YEAR

via Fortune by Aaron Pressman on 9/9/2016
URL: http://fortune.com/2016/09/09/google-fiber-video-subscribers/
The latest video figures, updated as of June 30 and released by the U.S. Copyright Office, help
explain why Google has largely halted expansion of ...
JAY Z, LABEL WIN $160K IN FEES FOR 'FRIVOLOUS' IP SUIT APPEAL

A New York federal judge on Friday ordered a sound engineer who unsuccessfully sued rap
superstar Jay Z and his Roc-A-Fella Records LLC record label for copyright infringement to pay
about $160,000 in legal fees for an equally "frivolous" appeal, but declined to hold the engineer's
former attorney personally liable.
FROM "STAIRWAY TO HEAVEN" TO "DAMN GIRL": 'RAGING BULL' REMAINS

CENTER STAGE IN COPYRIGHT FIGHTS
URL: http://www.hollywoodreporter.com/thr-esq/stairway-heaven-damn-girl-raging-927182
Attorneys for Justin Timberlake and Will.i.am take a page from Led Zeppelin's legal battle.
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SONY ESCAPES COPYRIGHT SUIT OVER RICKY MARTIN'S 'VIDA'

Sony shimmied out of a copyright infringement action brought by a Puerto Rican songwriter who
claims he was duped into signing a release for a contest held by the company and singer Ricky
Martin when the First Circuit Friday affirmed a lower court order compelling arbitration.
INDUSTRY EXPERT WARNS THAT 3D PRINTING CANNOT RELY ON CREATIVE

COMMONS AND OSS LEGISLATION
via 3ders.org by Nick on 9/10/2016
URL: http://www.3ders.org/articles/20160909-industry-expert-warns-that-3d-printing-cannot-
rely-on-creative-commons-and-oss-legislation.html
Michael Weinburg has written extensively on the field of 3D printing and copyright and it's a
subject that makes the whole industry nervous. Now he ...
TO LINK OR NOT TO LINK?: A SENSIBLE AND BALANCED DECISION BY THE

EUROPEAN COURT
URL: http://hughstephensblog.net/2016/09/10/to-link-or-not-to-link-a-sensible-and-balanced-
decision-by-the-european-court
To link or not to link? And what to link to? That is the (copyright) question. (With apologies to
the Bard).
GOOGLE REMOVES 'INFRINGING' UBUNTU URL

Google has removed a URL directing to the free software Ubuntu after receiving a US Digital
Millennium Copyright Act (DMCA) takedown notice from ...
EUROPEAN UNION DRAWS A LINE ON INFRINGING HYPERLINKS

URL: http://mistercopyright.org/european-union-draws-a-line-on-infringing-hyperlinks
Last week, the European Court of Justice-the judicial authority of the European Union-issued an
anticipated decision in the Sanoma hyperlinking case, declaring that commercial linking with
knowledge of unauthorized content constitutes copyright infringement.
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Joshua L. Simmons
REDFIN DEFEATS COPYRIGHT CLAIMS DUE TO MLS LICENSE AGREEMENT

via Technology & Marketing Law Blog by Venkat Balasubramani on 9/12/2016
URL: http://blog.ericgoldman.org/archives/2016/09/redfin-defeats-copyright-claims-due-to-mls-
license-agreement.htm
This is a copyright lawsuit over real estate photos.
COPYRIGHT-RELATED RIGHTS IN SPORTS

via Lexology by Wang Feihong & Liu Ying on 9/12/2016
URL: http://www.lexology.com/library/detail.aspx?g=c14b6225-c9bf-405c-8f37-8fba19b5854f
China has always been known for its sporting prowess. With a well-established popularity, the
sports industry enriches people's lives and has become ...
'BLURRED LINES' LAWYER KEEPS ON ROCKING THE RECORDING INDUSTRY

URL: http://www.law.com/sites/almstaff/2016/09/12/blurred-lines-lawyer-keeps-on-rocking-the-
recording-industry/
One year after securing a $7.4 million verdict in the case over the hit song "Blurred Lines,"
attorney Richard Busch still considers himself an outsider in the world of music copyrights.
COPYRIGHT OFFICE EDUCATES AND RAISES AWARENESS ON CAMPUS

via UToday on 9/12/2016
URL: http://www.ucalgary.ca/utoday/issue/2016-09-13/copyright-office-educates-and-raises-
awareness-campus
Copyright compliance is not only a legal requirement, but good practice. Pixabay photo by
Daniel Agrelo licensed under Creative Commons.
RAKOFF SPELLS OUT DECISION TO BOOT BEYONCE COPYRIGHT SUIT

U.S. District Judge Jed Rakoff issued a strongly-worded opinion Sunday explaining why he
tossed a copyright lawsuit over the trailer for Beyonce's smash hit "Lemonade," saying such
claims would require "more than just dexterous lawyering."
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PRODUCER'S ESTATE SUES OVER BEATLES CONCERT FOOTAGE

The estate of legendary rock and roll promoter Sid Bernstein is suing The Beatles' Apple Corps
Ltd. to prove that it owns the rights to footage of the band's famous 1965 concert at New York's
Shea Stadium.
MUSIC INDUSTRY'S LATEST PIRACY THREAT: STREAM RIPPING

URL: http://www.wsj.com/articles/music-industrys-latest-piracy-threat-stream-ripping-
1473718919
Earlier this year, a federal judge shut down the free music-download site Mp3skull.com and
awarded $22 million to the record companies that had sued it for copyright infringement.
MOBB DEEP RAPPER SUES UMPG FOR COPYRIGHT INFRINGEMENT

One half of the East Coast hip-hop duo Mobb Deep sued Universal Music Publishing Group and
affiliates for copyright infringement Monday in New York federal court, alleging that the music
publisher has held back royalties for a 2014 album.
COPYLEFT AND DATA: DATABASE LAW AS (POOR) PLATFORM

via Luis Villa's Internet Home on 9/12/2016
URL: http://lu.is/blog/2016/09/12/copyleft-and-data-database-law-as-poor-platform/
tl;dr: Databases are a very poor fit for any licensing scheme, like copyleft, that (1) is intended to
encourage use by the entire world but also (2) wants to place requirements on that use. This is
because of broken legal systems and the way data is used. Projects considering copyleft, or even
mere attribution, for data, should consider other approaches instead.
CONGRESS PLANNING ON PATENT, COPYRIGHT CHANGES, REP. SAYS

While legislation targeting abusive patent litigation has stalled in the current Congress,
lawmakers plan to revive the effort after the November election while also pushing forward on
legislation to amend copyright law, Rep. Hakeem Jeffries, D-N.Y., said Monday.
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Joshua L. Simmons
DEADMAU5 IN COPYRIGHT SPAT ON SOCIAL MEDIA

URL: http://www.worldipreview.com/news/deadmau5-in-copyright-spat-on-social-media-12216
Electronic dance artist and producer Deadmau5 has been embroiled in a copyright spat with
Louisiana-based rap duo $uicideboy$. Deadmau5 sent ...
EU DRAFTS REFORM OF COPYRIGHT RULES

via WSJ.com: Technology by Hannah Karp on 9/13/2016
URL: http://www.wsj.com/articles/eu-copyright-proposals-expected-to-help-music-industry-
fight-piracy-1473786140
The abundance of free tunes uploaded to the internet each day has been making it hard for the
music industry to sell them. Now, European officials have a potential solution.
OLD MEDIA STRIKES BACK IN COPYRIGHT FIGHT

via Politico by Alex Spence on 9/13/2016
URL: http://www.politico.eu/article/old-media-strikes-back-in-copyright-fight/
The Veuve Clicquot flowed last week as power-players in media, technology and politics rubbed
shoulders at a Brussels reception ...
SONGWRITERS SUE JUSTICE DEPARTMENT OVER LICENSING RULES

A songwriter's advocacy group sued the U.S. Department of Justice on Tuesday over the
agency's recent changes to the decades-old antitrust consent agreements that govern how
American music is licensed.
NBA 2K MAKERS, MUSICIAN END COPYRIGHT ROW OVER SAMPLES

via Intellectual Property Law360 by Fola Akinnibi on 9/13/2016
A musician and the makers of the popular basketball video game series "NBA 2K" agreed to put
an end to their copyright dispute over samples of the musican's song in California federal court
on Tuesday, after less than three months of litigation.
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ROCK BAND ASSERTS $32M IN FEES IN SIRIUS ROYALTIES ROW

Lawyers representing rock band The Turtles in a royalties class action against Sirius XM Radio
Inc. who are seeking fees from five major record labels' separate $210 million settlement with
the company argue that a percentage-based fee is appropriate, entitling the attorneys to $32
million.
IP ATTY'S FAIR USE BID FAILS IN NEWEGG BRIEF COPYING TIFF

An intellectual property lawyer facing a copyright infringement suit from Newegg Inc. has not
shown that copying language from an appellate brief Newegg filed in a patent infringement case
and using it in a brief defending his own client was fair use, a California federal judge said
Tuesday.
HOLLYWOOD PIRACY LAWSUIT NOW FEATURES DISNEY PORN, WIKILEAKS AND

JAR JAR BINKS
URL: http://www.hollywoodreporter.com/thr-esq/hollywood-piracy-lawsuit-features-disney-
928626
VidAngel suggests a lawsuit from Disney, Fox and Warner Bros. is pretext to stop family-
friendly filtering.
STANDCREATIVE SERIES: BRET HAMPTON

via CreativeFuture by Lucy Sosa on 9/13/2016
URL: http://www.creativefuture.org/brett-hampton/
When Hollywood legend Paul Newman spoke at my film school, he remarked that only three of
the 200 students in the audience would likely go on to work in the entertainment industry.
NY POST PHOTOG SAYS TIME STOLE JOHN KASICH PIZZA PHOTO

A New York photojournalist on Tuesday accused Time Inc. in federal court of infringing his
copyrights by showing his photos of Ohio Gov. John Kasich eating pizza with a fork within its
video of President Barack Obama's White House Correspondent's Dinner speech earlier this year.
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Joshua L. Simmons
EU DRAFTS REFORM OF COPYRIGHT RULES

URL: http://www.wsj.com/articles/eu-copyright-proposals-expected-to-help-music-industry-
fight-piracy-1473786140
The abundance of free tunes uploaded to the internet each day has been making it hard for the
music industry to sell versions of the same songs. Now, European officials have a potential
solution.
JUDGE'S OPINION THAT EU IS COMPETENT TO RATIFY MARRAKESH TREATY

MIGHT BREAK STANDSTILL
URL: http://www.ip-watch.org/2016/09/14/judges-opinion-that-eu-is-competent-to-ratify-
marrakesh-treaty-might-break-standstill/
The European Union has exclusive competence to ratify the Marrakesh Treaty on copyright
exceptions for visually impaired people, the advocate general of the Court of Justice of the EU
has found. This conclusion, which was well-received by representatives of the visually impaired,
could speed up the ratification of the treaty by the EU.
EU LEADERS PROPOSE NEW COPYRIGHT, COMMUNICATIONS LAWS

via WSJ by Sam Schechner & Stu Woo on 9/14/2016
URL: http://www.wsj.com/articles/eu-leaders-propose-new-copyright-communications-laws-
1473850691
European Union leaders on Wednesday proposed overhauling the bloc's copyright and
communications rules, which govern areas including music ...
WHY EUROPE'S NEW COPYRIGHT PROPOSALS ARE BAD NEWS FOR THE INTERNET
URL: http://fortune.com/2016/09/14/europe-copyright-google/
There's a lot to like about the copyright proposals that the European Commission unveiled
Wednesday-easier access to video across the EU's ...
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EUROPEAN COMMISSION COPYRIGHT REFORM PROPOSAL SPARKS MANY JEERS,

SOME CHEERS
URL: http://www.ip-watch.org/2016/09/14/european-commission-copyright-reform-proposal-
sparks-many-jeers-some-cheers/
European Commission plans to overhaul EU copyright rules, officially published today, have
prompted strong support and opposition. Controversy centres in particular around two proposals:
The requirement that online services monitor against user-generated uploads of copyright-
protected content, and the proposed grant of a "neighbouring right" to press publishers.
SCALIA LAW ALUMS HELP ARTS & ADVOCACY CLINIC DRAFT INFLUENTIAL
AMICUS BRIEF
URL: http://cpip.gmu.edu/2016/09/13/scalia-law-alums-help-arts-advocacy-clinic-draft-
influential-amicus-brief/
Last spring, the Arts & Entertainment Advocacy Clinic at Scalia Law School filed an amicus
brief on behalf of intellectual property law scholars in the Fox News v. TVEyes copyright
infringement case.
CREATIVE COMMUNITY JOINT ANNOUNCEMENT ON THE FCC'S REVISED SET-TOP

BOX PROPOSAL
URL: http://www.creativefuture.org/creative-community-joint-announcement-on-the-fccs-
revised-set-top-box-proposal/
Members of the creative community, including CreativeFuture, reject the revised FCC Set-Top
Box proposal's creativity, innovation, and job chilling intrusion into the creative economy.
PUBLIC KNOWLEDGE DECLARES COPYRIGHT OFFICE IS FULL OF COPYRIGHT

PROFESSIONALS
URL: http://illusionofmore.com/public-knowledge-declares-copyright-office-is-full-of-
copyright-professionals/
In a document Public Knowledge has the conceit to call a "report," the organization now
proposes that the US Copyright Office is trapped in a state of "regulatory capture." Usually, this
is a term reserved for a condition that arises ...
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Joshua L. Simmons
3 BIG EU COPYRIGHT PROPOSALS YOU NEED TO KNOW

The European Union's executive body proposed sweeping changes Wednesday to the bloc's
copyright rules, including requiring sites like YouTube to monitor for piracy and helping news
publications to win payment from online aggregators.
FORBES, VOX FACE COPYRIGHT SUITS OVER WOODY ALLEN SET PIC
Forbes and Vox Media were hit on Thursday with copyright suits by a photographer who alleges
that the media companies used his photograph of actors Jesse Eisenberg and Kristen Stewart on
the set of director Woody Allen's film "Cafe Society" without first obtaining authorization.
PUBLIC WIFI PROVIDERS 'NOT LIABLE FOR COPYRIGHT INFRINGEMENTS'

via The Irish Times by Elaine Edwards on 9/15/2016
URL: http://www.irishtimes.com/business/technology/public-wifi-providers-not-liable-for-
copyright-infringements-1.2792765
Music industry bodies may seek court orders to force the operators of free wifi hotspots to
protect their networks with a password and to ask users for ...
LAWYER WHO COPIED AND FILED SUBSTANTIAL PORTION OF DRAFT BRIEF OF

CO-PARTY ON APPEAL HELD TO HAVE ...
via Patently-O on 9/15/2016
URL: http://patentlyo.com/hricik/2016/09/substantial-violated-copyright.html
(My mind wonders... if you register copyright on a draft brief, what's the scope of waiver?) Then
Newegg sued the lawyer for copyright infringement.
COMPANY THAT OWNS RIGHTS TO VIRAL VIDEOS IS SUING FOR COPYRIGHT

VIOLATION
via ABA Journal by Stephanie Francis Ward on 9/15/2016
URL:
http://www.abajournal.com/news/article/company_that_owns_rights_to_viral_videos_suing_for_
copyright_violation
Jukin pays people for their videos, registers the images with the U.S. Copyright Office and
licenses the content to various websites and television ...
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DID YOU KNOW INTELLECTUAL PROPERTY IS PROTECTED UNDER THE

CONSTITUTION?
URL: http://www.theglobalipcenter.com/did-you-know-intellectual-property-is-protected-under-
the-constitution/
New opportunities for entrepreneurship crop up every day.
VEHICLE NAVIGATION SYSTEM USES PIRATED SOFTWARE, SUIT SAYS

Hungarian vehicle navigation and infotainment software manufacturer NNG Ktf. launched a
lawsuit in California federal court on Thursday against automotive audio and video display
company Epsilon Electronics Inc., accusing it of violating various trademarks and copyrights by
using pirated NNG software in its display systems.
HBO PRESSES SCREENWRITERS FOR $120K IN 'BALLERS' COPYRIGHT SUIT

Home Box Office Inc. hasn't backed away from its bid for $120,000 in attorneys' fees in a
quickly dismissed $200 million copyright infringement suit that two screenwriters brought
against HBO, Dwayne "The Rock" Johnson and Mark Wahlberg for allegedly stealing their idea
for the TV show "Ballers."
BOB MARLEY'S "WAR" SPARKS COPYRIGHT FIGHT

URL: http://www.hollywoodreporter.com/thr-esq/bob-marleys-war-sparks-copyright-929686
Allan Cole says he wrote "War" and "Natty Dread" but just recently discovered he doesn't own
the copyrights.
ORACLE, OREGON END INSURANCE SOFTWARE SPAT IN $100M DEAL

Oregon and Oracle have settled their hotly contested legal battle over Oracle's work on Oregon's
health insurance exchange, with Oracle providing cash and services worth more than $100
million and the parties ending four lawsuits between them, the state announced Thursday.
- 555 -
Joshua L. Simmons
GIVE ME A ©! SCOTUS TAKES ON ZIGZAGS AND CHEERLEADING UNIFORMS

via Law.com - Newswire by Erica D. Klein on 9/16/2016
URL: http://www.law.com/sites/almstaff/2016/09/16/give-me-a-scotus-takes-on-zigzags-and-
This October, as the leaves begin to fall, and football season swings into gear, the U.S. Supreme
Court will take on questions that are fundamental...
JUDGE SIDES WITH BMI OVER DOJ ON MUSIC LICENSING DEALS

A New York federal judge on Friday ruled in favor of Broadcast Music Inc. in its fight with the
U.S. Department of Justice over how to apply a 75-year-old decree to the era of digital music and
streaming services, finding music industry antitrust agreements don't bar fractional licenses for
music.
BMI RATE COURT JUDGE RULES AGAINST DEPT. OF JUSTICE'S '100 PERCENT'
LICENSING DECISION
via Hollywood Reporter - THR, Esq. by Ed Christman on 9/16/2016
URL: http://www.hollywoodreporter.com/thr-esq/bmi-rate-court-judge-rules-929770
With the new ruling, fractional licensing is allowed under the consent decree the performing-
rights organization operates under.
COPYING BOOKS FOR TEACHING IS NOT COPYRIGHT VIOLATION: HC

via The Hindu by Akanksha Jain on 9/16/2016
URL: http://www.thehindu.com/todays-paper/copying-books-for-teaching-is-not-copyright-
violation-hc/article9116800.ece
The Delhi High Court on Friday held that the photocopying of course packs prepared by Delhi
University comprising portions from books published by ...
QUITE SO, INDIA'S HIGH COURT ANNOUNCES THAT COPYRIGHT IS NOT A DIVINE
RIGHT
via Forbes by Tim Worstall on 9/17/2016
URL: http://www.forbes.com/sites/timworstall/2016/09/17/quite-so-indias-high-court-
announces-that-copyright-is-not-a-divine-right/
An interesting case here in India about whether students can patronise a photocopying shop
which produces pages of textbooks. The decision is that ...
- 556 -
EU COPYRIGHT REFORM: NOT FINISHED YET

via IPLJ by Ted Mulvany on 9/19/2016
URL: http://www.fordhamiplj.org/2016/09/19/eu-copyright-reform-not-finished-yet/
After over a year of discussion since the Digital Single Market1 strategy was first announced, the
European Commission has finally gotten down to talking about specific proposals for copyright
reform.
WHOSE LINE, DRAWING OR PLAN IS IT ANYWAY?

via Intellectual Property Law360 by Amy Goldsmith on 9/19/2016
Laurie Stanziale Before entering a negotiation, it is imperative for architects and real estate
owners to understand how copyright protection intersects with architectural works. Failure to
recognize boundaries may lead to litigation over whether an architect may use the plans again or
whether a developer may modify the plans if the architect's services are terminated before the
project is finished. Some of the most heavily negotiated points in an architect's agreement
include which party owns copyright rights to the line, drawing or plan, and...
CHEERLEADING CO. TELLS JUSTICES NOT TO LIMIT COPYRIGHT

Cheerleading uniform company Varsity Brands has lodged its brief in a closely watched
copyright case at the U.S. Supreme Court, telling the justices that an adverse ruling would place
troubling limits on copyright protection.
VIACOM STOLE HIP HOP WIVES TV SERIES IDEA, CREATOR SAYS

The creators of a reality show concept based on the lives of current or former spouses of rap
industry figures urged a California federal court on Friday to not toss their claim that Viacom
operated on the "darker side" of the television industry by stealing their idea before launching the
successful program "Love & Hip Hop."
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Joshua L. Simmons
MUSIC RIGHTS ORGS CAN'T REST EASY AFTER SURPRISE RULING

A New York federal judge on Friday issued a bombshell judgment dismantling the U.S.
Department of Justice's interpretation of antitrust consent decrees governing music performance
licenses, but experts said the decision is likely only an early salvo of a lengthy war in the courts
and in Congress.
CISCO, ARISTA BATTLE OVER JURY'S ROLE IN IP DISGORGEMENT CLAIM

Cisco Systems Inc. and rival Arista Networks Inc. are dueling over whether a jury should decide
Cisco's disgorgement claim in a copyright row over computer network technologies, with
arguments centering on whether the Petrella precedent instead puts such claims in judges' hands.
WHEN DOES INSPIRATION BECOME INFRINGEMENT? THE IMPACT ON COPYRIGHT

URL: http://hughstephensblog.net/2016/09/20/when-does-inspiration-become-infringement-the-
impact-on-copyright
What is it about songwriters, musicians and copyright?
TURTLES ARGUE FOR FLA. COMMON LAW COPYRIGHT IN SIRIUS ROW

via Intellectual Property Law360 by Alex Wolf on 9/20/2016
The two founding members of American rock band The Turtles opened briefing Monday in their
Florida Supreme Court battle against Sirius XM over their copyright interests in songs recorded
prior to 1972, arguing that state-based common law precedent gives them the exclusive right to
the performance of their sound recordings.
SIRIUS LOSES BID TO DECERTIFY CLASS IN PRE-'72 SONGS SUIT

A California federal judge on Monday rejected an effort by Sirius XM to force song owners to
sue the company individually over pre-1972 records, avoiding a potentially crushing blow to a
long-running class action launched by 1960s rock band The Turtles.
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SOCIETY CAN'T HAVE WHAT AUTHORS DON'T CREATE

URL: http://illusionofmore.com/society-cant-have-what-authors-dont-create/
As a follow-up to my last post responding to Public Knowledge's allegations of "regulatory

capture" at the US Copyright Office, I thought one of their accusations deserved its own post.
When copyright law is discussed as a broad principle-either in ...
FREE WIFI PROVIDERS NOT LIABLE FOR USERS' COPYRIGHT INFRINGEMENTS

via Lexology by Davinia Brennan on 9/21/2016
URL: http://www.lexology.com/library/detail.aspx?g=ce08e6fb-e642-4851-acb4-2f92d39eaee8
The CJEU has confirmed the AG's Opinion, in McFadden v Sony Music Entertainment Germany
(C-484/14), that operators of a free Wi-Fi service, who ...
FEDS JUMP INTO HIGH COURT'S APPAREL COPYRIGHT CASE

The U.S. Department of Justice has jumped into a closely watched U.S. Supreme Court case over
copyright protection for apparel, urging the justices to reject "misconceived" and "restrictive"
views on copyright.
ORACLE WINS $46M IN FEES, COSTS AFTER IP WIN OVER RIMINI

Oracle USA Inc. is entitled to $46.2 million in attorney's fees and costs against software support
firm Rimini Street Inc. following its substantial $50 million jury win on copyright infringement
and other claims, a Nevada federal judge ruled Wednesday.
AMAZON STOLE ART FOR 'UNICORN FART' SHIRT, IP SUIT ALLEGES

A prolific graphic artist hit Amazon Digital Services LLC and its subsidiary Woot Inc. with a
copyright infringement suit in Texas federal court on Wednesday, alleging they stole her image
of a unicorn defecating sprinkles onto a cupcake to use on t-shirts.
- 559 -
Joshua L. Simmons
AMAZON IN DEFECATING UNICORN SHIRT QUARREL WITH ARTIST

URL: http://www.worldipreview.com/news/amazon-in-defecating-unicorn-shirt-quarrel-with-
artist-12281
A graphic artist has hit online retailer Amazon, and its subsidiary Woot, with a copyright
infringement lawsuit. Liza Phoenix alleged that the companies ...
ORACLE GRANTED $46M FEES IN RIMINI COPYRIGHT ROW

URL: http://www.worldipreview.com/news/oracle-granted-46m-fees-in-rimini-copyright-row-
12282
A US court has granted Oracle $46.2 million in attorneys' fees and costs against rival software
company Rimini Street. It comes nearly a year after ...
WIPO DIRECTOR GENERAL LAUDS THE ENTRY INTO FORCE OF THE MARRAKESH
TREATY
URL: https://www.youtube.com/watch?v=ZNjPYx-U4h4
Director General Francis Gurry heralds the September 30, 2016, entry into force of the
Marrakesh Treaty, while voicing his hope that dozens more countries will join the "books for
blind" pact. The Marrakesh Treaty facilitates the creation and transfer across borders of texts
specially adapted for use by the 285 million visually impaired people living around the world,
primarily in lower-income countries.
ORACLE LAWYERS PREVAIL IN COPYRIGHT CASE (NO, NOT THAT, THE OTHER
ONE)
via The Register by Shaun Nichols on 9/22/2016
URL: http://www.theregister.co.uk/2016/09/22/oracle_prevails_in_copyright_case/
Oracle had accused Rimini Street of violating copyrights when the small biz downloaded and
provided Oracle database support materials to its own ...
ORRICK ATTY 'SCREWED UP' IN ORACLE-GOOGLE BATTLE, JUDGE SAYS

A California federal judge had harsh words for Orrick Herrington & Sutcliffe LLP partner
Annette Hurst during a hearing Thursday on Google's motion for sanctions against Oracle in
- 560 -
their software copyright fight, saying she "screwed up" by revealing sealed Google revenue
numbers in open court with a journalist present.
BRIEF RIP-OFF SUIT COULD INSPIRE COPYCAT CLAIMS AGAINST ATTYS

via Intellectual Property Law360 by Andrew Strickler on 9/22/2016
The tale of Newegg Inc.'s copyright suit against a lawyer who allegedly copied a brief it filed in
a patent lawsuit may seem like an anomaly, but experts say that hurling accusations of copied
briefs and plagiarism at fellow lawyers may be a new weapon for vexatious attorneys.
BRIEF-ORACLE SAYS COURT GRANTS MOTION FOR PERMANENT INJUNCTION

AGAINST COP...
URL: http://in.reuters.com/article/idINFWN1BY0LT
Reuters is the news and media division of Thomson Reuters. Thomson Reuters is the world's
largest international multimedia news agency, providing ...
BEATLES' 1965 SHEA STADIUM CONCERT IS THE SUBJECT OF COPYRIGHT SUIT

FILED ON BEHALF OF FORMER PROMOTER
URL: http://www.ipwatchdog.com/2016/09/23/beatles-1965-shea-stadium-concert-copyright-
suit/id=73095/
On Monday, September 12th, Sid Bernstein LLC, a company representing Bernstein who passed
away in 2013, filed a lawsuit alleging copyright infringement on the use of the Shea Stadium
footage in the recent documentary. The suit charges that Sid Bernstein is the sole owner of the
Shea Stadium master tapes by virtue of being a producer of the concert event and the employer
for hire of the Beatles. The infringement suit targets both Apple Corps, the multimedia
corporation set up by members of the...
JUDGE SKEWERS ORACLE ATTORNEY FOR REVEALING GOOGLE, APPLE TRADE

SECRETS [UPDATE]
URL: http://arstechnica.com/tech-policy/2016/09/judge-skewers-oracle-attorney-for-revealing-
google-apple-trade-secrets/
The federal judge who presided over the Google-Oracle API copyright infringement trial
excoriated one of Oracle's lawyers Thursday for disclosing confidential information in open
court earlier this year.
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Joshua L. Simmons
TURTLES' LAWYERS DENIED CUT OF $210M SIRIUS XM SETTLEMENT

A California federal judge on Friday refused to give attorneys for 1960s rock band The Turtles a
cut of a $210 million settlement inked between Sirius XM Radio Inc. and the major record labels
over so-called pre-1972 recordings, saying he had no power to do so.
FATHER WHO STREAMED BABY'S BIRTH SUES ABC AND YAHOO FOR COPYRIGHT
INFRINGEMENT
URL: http://www.mediapost.com/publications/article/285375/father-who-streamed-babys-birth-
sues-abc-and-yaho.html
A California resident who used Facebook to live stream his wife giving birth has sued ABC and
Yahoo for allegedly infringing his copyright by ...
ORACLE GETS WHOPPING $46 MILLION IN LEGAL FEES

via Courthouse News Servicew by Mike Heuer on 9/23/2016
URL: http://www.courthousenews.com/2016/09/23/oracle-gets-whopping-46-million-in-legal-
fees.htm
Oracle sued Las Vegas-based Rimini Street and Ravin in 2010, claiming they copied several of
Oracle's copyrighted programs. It sought $209 million ...
TERIX, EXECS ON HOOK FOR ORACLE'S $58M ASSET TRANSFER SUIT

A California federal judge on Thursday refused to throw out Oracle America Inc.'s lawsuit
accusing Terix Computer Co. and its executives of manipulating assets to wriggle free of a $57.7
million copyright judgment, saying Oracle's complaint was replete with allegations to support its
claims.
MADONNA'S COPYRIGHT ACCUSER GETS $720K FEE AWARD NIXED

A California judge Friday reversed her decision requiring a music publisher that unsuccessfully
sued Madonna for infringement over a horn-riff sample to pay the singer's $720,000 in legal
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costs, determining the claims were not frivolous or objectively unreasonable after the Ninth
Circuit mandated reconsideration.
COPYRIGHT THEFT IS GROUNDS FOR DEPORTATION, BOARD SAYS

A federal immigration appeals board ruled Friday that copyright infringement is the kind of
"crime involving moral turpitude" that can lead to deportation.
24TH ANNUAL IPLJ SYMPOSIUM

URL: http://www.fordhamiplj.org/2016/09/23/24th-annual-iplj-symposium/
Date: Friday, September 30, 2016

Location: Fordham University School of Law * Constantino Room, 2nd Floor * 150 West 62nd
Street, New York, NY 10023
TMZ BEATS JARED LETO'S LAWSUIT OVER TAYLOR SWIFT CURSE VIDEO
URL: http://www.hollywoodreporter.com/thr-esq/tmz-beats-jared-letos-lawsuit-932266
A judge concludes the actor never owned the video. The videographer did and transferred rights
to the gossip site.
BIGLAW ALLERGY TO 'SORRY' ON DISPLAY IN ORRICK SANCTION SPAT

There are lots of ways to say "I'm sorry," but BigLaw excels at finding ways around the mea
culpa, experts said, despite copious research pointing to the professional - and legally strategic -
benefits of a heartfelt apology.
HP SAYS ORACLE USING DISCOVERY IN BID TO SPY ON ITS BUSINESS

HP told a California federal judge Thursday that Oracle is abusing discovery in its suit alleging
HP support companies distributed copyrighted Oracle code, trying to spy on HP's business
operations, while Oracle said in the joint letter that HP isn't fulfilling its discovery obligations.
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Joshua L. Simmons
TMZ, WARNER BROS. DODGE SUIT OVER JARED LETO VIDEO

Celebrity gossip site TMZ escaped a copyright infringement suit Friday brought by actor and
musician Jared Leto for publishing a clip where he swears about Taylor Swift in his home studio,
when a California federal court said Leto doesn't own the copyright to the video.
FCC DRAFTING SET-TOP BOX RULES AMID A GROWING TIDE OF DISSENT

URL: http://www.ipwatchdog.com/2016/09/24/fcc-drafting-set-top-box-rules/id=73012/
The FCC's commitment to opening up set-top box platforms could be of great benefit to video
services developed by Google Fiber, which only had 53,000 video subscribers by the end of
2015. That pales in comparison to the 6 million U-verse broadband television subscriber base
held by AT&T by the end of the first quarter of 2015. AT&T also owns DirecTV, which had 20
million satellite TV subscribers as of this February. The post FCC drafting set-top box rules amid
a growing tide of...
TMZ WINS JARED LETO LAWSUIT OVER POSTING TAYLOR SWIFT CURSE VIDEO
via Tech Times by James Geddes on 9/25/2016
URL: http://www.techtimes.com/articles/179270/20160925/tmz-wins-jared-leto-lawsuit-over-
posting-taylor-swift-curse-video.htm
Leto further argued that TMZ was aware of this and proceeded to publish the video anyway,
violating copyright law. The video showed Leto listening to ...
CRIMINAL COPYRIGHT INFRINGEMENT IS CRIME OF "MORAL TURPITUDE"

URL: http://cpip.gmu.edu/2016/09/26/criminal-copyright-infringement-is-crime-of-moral-
turpitude/
This past Friday, the Board of Immigration Appeals held that criminal copyright infringement
constitutes a "crime involving moral turpitude" under immigration law.
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DAVE POWER, PRESIDENT AND CEO, PERKINS SCHOOL FOR THE BLIND, ON
MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=kYlBkcAhSZU
Dave Power, President and CEO, Perkins School for the Blind, shares his views on the "books
for blind" Marrakesh Treaty, which boosts access to books for hundreds of millions of people
around the world who are blind, visually impaired or have a print disability. The Treaty enters
into force on September 30, 2016. More about the Marrakesh Treaty: http://www.wipo.int/mt/
http://www.wipo.int/treaties/en/ip/marrakesh/
THE ECJ RULES ON HYPERLINKS AND COPYRIGHT INFRINGEMENT

via Lexology by Michele Papa on 9/26/2016
URL: http://www.lexology.com/library/detail.aspx?g=22581e3f-5f61-4ce2-ae10-b1284b4b3606
Some websites had published unauthorised photographs of the presenter, whose copyrights were
owned by the publisher Sanoma. A Dutch news ...
MAJOR RECORD LABELS SUE OVER RIPPING AUDIO TRACKS FROM YOUTUBE
VIDEOS
URL: http://www.hollywoodreporter.com/thr-esq/major-record-labels-sue-ripping-932455
The target is a German company that is the "chief offender" of stream ripping, but the lawsuit
also demands an order against third parties.
SDNY REAFFIRMS 'VOLITIONAL CONDUCT' ELEMENT OF INFRINGEMENT

via Law.com - Newswire by Stephen M. Kramarsky on 9/26/2016
URL: http://www.law.com/sites/articles/2016/09/19/sdny-reaffirms-volitional-conduct-element-
of-infringement/
In his Intellectual Property column, Stephen M. Kramarsky writes: The volitional conduct test
with regard to copyright infringement is controversial, especially in light of recent U.S. Supreme
Court jurisprudence, and in particular the context of Internet service providers, but a recent
decision from the Southern District of New York makes it clear that the doctrine is alive and
well, at least for the time being.
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Joshua L. Simmons
FIGHTING SANCTIONS IN ORACLE V. GOOGLE, ORRICK BETS ON HAAG

URL: http://www.law.com/sites/articles/2016/09/22/fighting-sanctions-in-oracle-v-google-
orrick-bets-on-haag-2/
The former U.S. attorney sparred with U.S. District Judge William Alsup over the firm's
disclosure of protected financial information.
MONKEY SEE, MONKEY SUE

via Law.com - Newswire by Jenna Greene on 9/26/2016
URL: http://www.law.com/sites/articles/2016/09/26/monkey-see-monkey-sue/
Can a primate who shot selfies with a photographer's camera claim copyright protection?
SUPREME COURT TERM PROMISES TO BE IP BLOCKBUSTER

URL: http://www.law.com/sites/articles/2016/09/25/supreme-court-term-promises-to-be-ip-
blockbuster/
With four IP cases on the docket and several more knocking at the door of certiorari, the U.S.
Supreme Court is poised for a banner year of patent, trademark and copyright decisions.
ALSUP SPARES ORRICK, TWEAKS GOOGLE OVER SANCTIONS MOTION

URL: http://www.law.com/sites/articles/2016/09/23/alsup-spares-orrick-tweaks-google-over-
sanctions-motion/
The judge declined to find Orrick partner Annette Hurst in contempt and called Google's pursuit
of sanctions "heavy handed, perhaps even vindictive."
OMARION HIT WITH COPYRIGHT SUIT OVER CHRIS BROWN SONG

Music publisher BMG Rights Management LLC filed a copyright lawsuit Friday claiming hip-
hop artist Omarion infringed an earlier Chris Brown song when the two collaborated for their
2014 hit "Post To Be."
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JUDGE BRUSHES OVER ROC-A-FELLA LOGO OFF JAY Z'S SHOULDER

A federal judge on Monday tossed out a long-running lawsuit against Jay Z from an artist who
claims to have created the logo for the star's Roc-A-Fella Records.
THE MISSING CONTEXT IN THE BMI CONSENT DECREE DECISION

via The Hill by David A. Balto on 9/26/2016
URL: http://thehill.com/blogs/congress-blog/judicial/297706-the-missing-context-in-the-bmi-
consent-decree-decision
Fractional licensing is perfectly legal in the context of copyright law, and remains legal in the
industry after the DOJ's decision. In this case, the DOJ ...
BIG 3 RECORD LABELS SUE GERMAN CO. OVER YOUTUBE RIPPING

The three major record companies have teamed up to file a copyright infringement lawsuit
against a Germany-based website that allows users to rip the audio from YouTube music videos
and download the songs in MP3 format, according to documents filed Monday in California
federal court.
RIAA TAKES ON STREAM-RIPPING IN COPYRIGHT LAWSUIT TARGETING

YOUTUBE-MP3
URL: http://arstechnica.com/tech-policy/2016/09/riaa-takes-on-stream-ripping-in-copyright-
lawsuit-targeting-youtube-mp3/
The Recording Industry Association of America, the British Recorded Music Industry, and other
industry lobbyists have sued one of the world's leading websites.
"MARRAKESH TREATY WILL HELP TO GET CURRENT TITLES IN ACCESSIBLE

FORMAT"
URL: https://www.youtube.com/watch?v=Z7p-TS9bMb4
Debbie Williams, a visually-impaired avid reader from Canada, is looking forward to reading
more current titles in accessible format following the entry into force of the "books for blind"
Marrakesh Treaty, which boosts access to books for hundreds of millions of people around the
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Joshua L. Simmons
world who are blind, visually impaired or have a print disability. The Treaty enters into force on
September 30, 2016. More about the Marrakesh Treaty: http://www.wipo.int/mt/
FRENCH FINE ON PICASSO COPYRIGHT UNENFORCEABLE

via Courthouse News Service by Elizabeth Warmerdam on 9/26/2016
URL: http://www.courthousenews.com/2016/09/26/enforcement-action-tied-to-picasso-
revived.htm
A French court's two-million-euro judgment against an American art editor for allegedly
infringing on copyrighted ...
50 CENT BEING SUED FOR COPYRIGHT INFRINGEMENT

via Page Six by Priscilla DeGregory on 9/26/2016
URL: http://pagesix.com/2016/09/26/50-cent-being-sued-for-copyright-infringement/
Two men are suing 50 Cent for copyright infringement claiming that the cable ... of calling
Scoon and Hord about their interest in the copyrighted show.
9TH CIRC. SAYS 'OUI' TO CONSIDERING FRENCH ASPECTS OF CASE

The Ninth Circuit held on Monday that a California federal court was correct to consider matters
deemed to be outside the pleadings when trying to interpret a French legal remedy as part of a
motion to dismiss a copyright infringement case, but that it ultimately got the interpretation
wrong.
PLAYBOY CASE SETS NEW STANDARD IN EU FOR POSTING HYPERLINKS TO

UNAUTHORIZED COPYRIGHTED WORKS
via IPLJ by Vera Collavo on 9/26/2016
URL: http://www.fordhamiplj.org/2016/09/27/playboy/
You had better be careful before posting on your commercial website clickable links to copyright
protected works found on-line-at least, if you operate your business in the European Union (the
"EU").
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DIPENDRA MANOCHA, DAISY CONSORTIUM, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=f5DxiSLS1A8
Dipendra Manocha of DAISY Consortium shares his views on the "books for blind" Marrakesh
Treaty, which boosts access to books for hundreds of millions of people around the world who
are blind, visually impaired or have a print disability. The Treaty enters into force on September
30, 2016. More about the Marrakesh Treaty: http://www.wipo.int/mt/
SONY AND WARNER SUE GERMAN WEBSITE OVER 'STREAM RIPPING'

URL: http://www.worldipreview.com/news/sony-and-warner-sue-german-website-over-stream-
ripping-12304
The record labels alleged that the domain exists to profit from the unauthorised production and
distribution of copyrighted music that is on YouTube.
THE CASE FOR THE TPP: INNOVATION TO THE WORLD

URL: http://www.theglobalipcenter.com/the-case-for-the-tpp-innovation-to-the-world/
What is the Trans-Pacific Partnership (TPP) all about?
JASON FAYRE, ACCESSIBILITY EXPERT, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=Dfun2vl-LS8
Jason Fayre, Canadian accessibility expert, shares his views on the "books for blind" Marrakesh
Treaty, which boosts access to books for hundreds of millions of people around the world who
are blind, visually impaired or have a print disability. The Treaty enters into force on September
30, 2016. More about the Marrakesh Treaty: http://www.wipo.int/mt/
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Joshua L. Simmons
LEGAL STAFFING FIRM SUED FOR INFRINGING ON COPYRIGHT IN STOCK PHOTOS

URL: http://www.law.com/sites/articles/2016/09/26/legal-staffing-firm-sued-for-infringing-on-
copyright-in-stock-photos/
A legal technology staffing firm in California has been sued for infringing on the copyrights to
half a dozen images with names like "Businessman at desk, touching globe" and "Businessman
sitting on chair, smiling, portrait."
ARE CANDIDATES EVEN TALKING ABOUT THE 21ST CENTURY ECONOMY?

URL: http://illusionofmore.com/are-candidates-even-talking-about-the-21st-century-economy/
It's very common to encounter broad complaints saying things like, "Copyright law should not
stop me from fixing or altering my technology." Often, this generalization is made by people
who don't necessarily know they're referring to Title I of the ...
FRED HAGA, MINISTRY OF EDUCATION, KENYA, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=HTXEqc8UfbI
Fred Haga from Kenya's Ministry of Education shares his views on the "books for blind"
JAY Z WINS COPYRIGHT LAWSUIT OVER ROC-A-FELLA LOGO

via Rolling Stone by Jon Blistein on 9/27/2016
URL: http://www.rollingstone.com/music/news/jay-z-wins-copyright-lawsuit-over-roc-a-fella-
logo-w442326
A federal judge dismissed a $7 million lawsuit against Jay Z and his former label partners that
accused them of breach of contract and copyright ...
RECORD LABELS MOVE TO DISMISS LAWSUIT OVER 50 CENT'S "P.I.M.P."

URL: http://www.hollywoodreporter.com/thr-esq/record-labels-move-dismiss-lawsuit-932892
The labels claim the composer waived any right to sue in a 2003 settlement agreement.
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MARK RICCOBONO, PRESIDENT, NATIONAL FEDERATION OF THE BLIND, ON

MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=mNAnrKAalRQ
Mark Riccobono, President of the National Federation of the Blind (NFB), shares his views on
the "books for blind" Marrakesh Treaty, which boosts access to books for millions of people
around the world who are blind, visually impaired or have a print disability. The Treaty enters
NBC'S 'TIMELESS' HIT WITH COPYRIGHT LAWSUIT

URL: http://www.hollywoodreporter.com/thr-esq/nbcs-timeless-hit-copyright-lawsuit-933206
The suit claims the show is a ripoff of a Spanish series.
JUSTIN HUGHES, LOYOLA LAW SCHOOL, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=yY-t8gVVPz4
Justin Hughes, Professor of Law at Loyola Law School in Los Angeles, shares his views on the
"books for blind" Marrakesh Treaty, which boosts access to books for millions of people around
the world who are blind, visually impaired or have a print disability. The Treaty enters into force
on September 30, 2016. More about the Marrakesh Treaty: http://www.wipo.int/mt/
ORACLE DENIED NEW TRIAL IN COPYRIGHT DISPUTE WITH GOOGLE OVER JAVA
URL: http://www.itworld.com/article/3125112/oracle-denied-new-trial-in-copyright-dispute-
with-google-over-java.html
A federal court in California has denied Oracle another trial in its long-standing copyright
infringement dispute with Google over the use of Java code in the Android operating system.
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Joshua L. Simmons
FREDERIC SCHROEDER, PRESIDENT, WORLD BLIND UNION, ON MARRAKESH

TREATY
URL: https://www.youtube.com/watch?v=SxcfbSFn10U
Frederic Schroeder, President of the World Blind Union, shares his views on the "books for
blind" Marrakesh Treaty and its concrete impact on blind people worldwide. The Treaty boosts
access to books for hundreds of millions of people around the world who are blind, visually
impaired or have a print disability. The Treaty enters into force on September 30, 2016. More
about the Marrakesh Treaty: http://www.wipo.int/mt/
JAY Z WINS ROC-A-FELLA LOGO COPYRIGHT LAWSUIT

via The Guardian on 9/27/2016
URL: https://www.theguardian.com/music/2016/sep/28/jay-z-wins-roc-a-fella-logo-copyright-
lawsuit
New York-based clothing designer Dwayne Walker had accused the rapper and music mogul of
breach of contract and copyright infringement.
PENGUIN RANDOM HOUSE IN COPYRIGHT TUSSLE WITH FREELANCER

URL: http://www.worldipreview.com/news/penguin-random-house-in-copyright-tussle-with-
freelancer-12307
He alleged that Zuzuna Light, a Youtube "fitness personality", used his copyrighted works as the
basis for at least 50% of the contents of "15 Minutes to ...
RECORD LABELS ARE SUING A YOUTUBE RIPPING SITE FOR COPYRIGHT

INFRINGEMENT
via International Business Times by Ken Manbert Salcedo on 9/28/2016
URL: http://www.ibtimes.com/record-labels-are-suing-youtube-ripping-site-copyright-
infringement-2422905
Record labels are now taking stand against websites that allow users to save YouTube videos as
audio files. A group of record labels including ...
- 572 -
CANADA MINISTER OF SPORT AND PERSONS WITH DISABILITIES ON MARRAKESH

TREATY
URL: https://www.youtube.com/watch?v=z0y80P70j0I
Carla Qualtrough, Canada's Minister of Sport and Persons with Disabilities, on the importance of
the "books for blind" Marrakesh Treaty for her country and for hundreds of millions of people
around the world who are blind, visually impaired or have a print disability The Treaty enters
BLIZZARD SAFEGUARDS THE COPYRIGHT OF WORLD OF WARCRAFT IN FIRST

INSTANCE
via Lexology by Jiangxu/Xiao Shengcheng on 9/28/2016
URL: http://www.lexology.com/library/detail.aspx?g=db6bac4c-bc0e-4a76-bd75-15419e85fd0f
Blizzard Entertainment Co., Ltd (hereinafter referred to as Blizzard Entertainment) jointly with
Shanghai EaseNet Network TechnologyCo., Ltd ...
ORACLE LOSES BID FOR NEW COPYRIGHT TRIAL AGAINST GOOGLE

A California federal judge on Tuesday refused a request from Oracle for a new trial in its
blockbuster copyright case against Google, calling the company's self-proclaimed "game
changing" arguments "inconsequential."
COPYRIGHT INFRINGEMENT - PLAINTIFF NOT REQUIRED TO PROVE COPIES ARE...

via National Law Review by Zachary Miller on 9/28/2016
URL: http://www.natlawreview.com/article/copyright-infringement-plaintiff-not-required-to-
prove-copies-are-unauthorized
Correcting a transcription error in a prior decision, the US Court of Appeals for the Seventh
Circuit confirmed that a plaintiff does not have to prove that ...
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Joshua L. Simmons
REJECTION OF DOJ CONSENT DECREE INTERPRETATION IS A WIN FOR

SONGWRITERS
URL: http://mistercopyright.org/rejection-of-doj-consent-decree-is-a-win-for-songwriters
Earlier this month, a federal judge in the Southern District of New York issued an order rejecting
the Department of Justice's (DOJ) interpretation of a consent decree governing the way the
performance rights organization Broadcast Music Inc. (BMI) licenses its songs.
EU - WHEN WILL HYPERLINKS BE UNLAWFUL?

via National Law Review by Carlton Daniel & Gillian M. Dennis on 9/28/2016
URL: http://www.natlawreview.com/article/eu-when-will-hyperlinks-be-unlawful
providing hyperlinks to freely available copyright content posted on the internet without the
copyright owner's consent will be copyright infringement ...
THANKS TO COPYRIGHT LAW, DONALD TRUMP JR.'S CONTROVERSIAL SKITTLES

PHOTO IS NOW GONE
via Boston Globe by Nicole Hernandez on 9/28/2016
URL: https://www.bostonglobe.com/news/politics/2016/09/28/thanks-copyright-law-donald-
trump-controversial-skittles-photo-now-gone/h8OuIA4aSEr58HaPolDCjL/story.html
Copyrights: Even in the digital age, you must respect them. ... a report from the copyright holder,
according to a message that now replaces the photo.
UMG URGES JUSTICES NOT TO 'REWRITE' DMCA TAKEDOWN

Universal Music Group has urged the U.S. Supreme Court not to use the so-called "dancing baby
case" to make it tougher for copyright owners to send Digital Millennium Copyright Act
takedown notices to sites like YouTube.
PROFESSORS MISLEAD FCC ON BASIC COPYRIGHT LAW

URL: http://cpip.gmu.edu/2016/09/28/professors-mislead-fcc-on-basic-copyright-law/
In a letter submitted to the FCC late last week defending the Commission's deeply flawed set-
top-box proposal, a group of professors make an incredible claim: Everyone is perfectly free to
distribute copyrighted works online however they please.
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ORACLE LOSES BID FOR NEW ANDROID COPYRIGHT TRIAL AGAINST GOOGLE
URL: http://www.reuters.com/article/ip-oracle-google-idUSL2N1C41W7
Oracle Corp has lost its bid for yet another trial against Google Inc over its use of the Java
programming language after a federal judge rejected its ...
KIM CHARLSON, PRESIDENT, AMERICAN COUNCIL OF THE BLIND, ON

MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=XSySquv5rXI
Kim Charlson, President of the American Council of the Blind, and Executive Director, Perkins
Braille & Talking Book Library, shares her views on the "books for blind" Marrakesh Treaty,
which boosts access to books for hundreds of millions of people around the world who are blind,
visually impaired or have a print disability. The Treaty enters into force on September 30, 2016.
More about the Marrakesh Treaty: http://www.wipo.int/mt/
CARDS AGAINST HUMANITY SUES OVER KNOCKOFF GAME

The company behind the game Cards Against Humanity sued a Missouri internet retailer
Wednesday for selling unauthorized expansion packs called Crabs Adjust Humidity.
THE REVENANT' PIRATE AVOIDS PRISON, FINED $1M

URL: http://www.hollywoodreporter.com/thr-esq/revenant-pirate-avoids-prison-fined-933620
The ex-studio employee who pirated 'The Revenant' and 'The Peanuts Movie' won't go to jail.
DIANE BERGERON, EXECUTIVE DIRECTOR, CNIB, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=GlfaptVdZOo
Diane Bergeron, Executive Director, Strategic Relations and Engagement, at CNIB, shares her
views on the "books for blind" Marrakesh Treaty, which boosts access to books for hundreds of
millions of people around the world who are blind, visually impaired or have a print disability.
The Treaty enters into force on September 30, 2016. More about the Marrakesh Treaty:
http://www.wipo.int/mt/ http://www.wipo.int/treaties/en/ip/marrakesh/
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Joshua L. Simmons
LEMLEY USES OLD-FASHIONED SCARE TACTICS IN SUPPORT OF FCC'S SET-TOP

BOX PROPOSAL
via The Hill by Keith Kupferschmid on 9/28/2016
URL: http://thehill.com/blogs/congress-blog/technology/298247-lemley-uses-old-fashioned-
scare-tactics-in-support-of-fccs-set
In a recent op-ed in The Hill, Stanford Law Professor Mark Lemley attempts to explain away the
copyright implications of the FCC's latest set-top ...
VASHKAR BHATTACHEARJEE, PROGRAM MANAGER, YOUNG POWER IN SOCIAL

ACTION, ON MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=RCPsfHBBGwI
Vashkar Bhattachearjee, Program Manager at Bangladesh's Young Power in Social Action

(YPSA), shares his views on the "books for blind" Marrakesh Treaty, which boosts access to
books for hundreds of millions of people around the world who are blind, visually impaired or
have a print disability. The Treaty enters into force on September 30, 2016. More about the
Marrakesh Treaty: http://www.wipo.int/mt/ http://www.wipo.int/treaties/en/ip/marrakesh/
CLASSICAL SILK RIPS INTO NORDSTROM IN COPYRIGHT SUIT

URL: http://www.worldipreview.com/news/classical-silk-rips-into-nordstrom-in-copyright-suit-
12318
US department store Nordstrom has been hit with a copyright infringement lawsuit by textile
company Classical Silk. Filed at the US District Court for ...
SIGNS OF CHANGING TRENDS IN FTAS' IP CHAPTERS, SPEAKERS SAY AT WTO

via Intellectual Property Watch by Ctherine Saez on 9/29/2016
URL: http://www.ip-watch.org/2016/09/29/signs-of-changing-trends-in-ftas-ip-chapters-
speakers-say-at-wto/
Although the Trans-Pacific Partnership negotiation has raised significant concerns from civil
society during negotiations, including about the intellectual property chapter, speakers on a panel
during the World Trade Organization Public Forum yesterday said the agreement actually
includes a positive provision on copyright, while some other free trade agreements under
discussion still include stringent proposals on IP.
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PENNY HARTIN, CEO, WORLD BLIND UNION, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=eIsW7VQeIr8
Penny Hartin, CEO of the World Blind Union (WBU), shares her views on the "books for blind"
FCC PULLS CONTROVERSIAL SET-TOP BOX PROPOSAL FROM MEETING AGENDA

URL: http://www.hollywoodreporter.com/thr-esq/fcc-pulls-controversial-set-top-933735
FCC chairman Tom Wheeler says rules reshaping access to TV programming will remain under
consideration, but that the FCC needs to resolve technical and legal issues.
DRONE USE IN AUSTRALIA: WHAT ARE THE PRIVACY AND COPYRIGHT ISSUES?
via Lexology by Eugenia Kolivos & Dannica Alston on 9/29/2016
URL: http://www.lexology.com/library/detail.aspx?g=196a924d-f960-422d-a3d9-d8d7821ea813
The complex regulatory regime surrounding the use of drones in Australia can give rise to
significant challenges, particularly for companies wishing to ...
TIBI SLAPPED WITH COPYRIGHT INFRINGEMENT SUIT OVER INSTAGRAM POST

URL: http://www.thefashionlaw.com/home/tibi-slapped-with-copyright-infringement-suit-over-
instagram-post
Tibi is on the hook for copyright infringement according to a new lawsuit. Matilde Gattoni, "an
award winning French ...
ORACLE LOSES BID FOR TRIAL DO-OVER AGAINST GOOGLE

URL: http://www.law.com/sites/articles/2016/09/28/oracle-loses-bid-for-trial-do-over-against-
google/
U.S. District Judge William Alsup said it was Oracle's "own fault" that relevant discovery went
unread by the company's lawyers.
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Joshua L. Simmons
OMPHEMETSE RAMABOKWA, SECRETARY GENERAL, BABPS, ON MARRAKESH

TREATY
URL: https://www.youtube.com/watch?v=YsGqNo3Dqcs
Omphemetse Ramabokwa, Secretary General of the Botswana Association of the Blind and
Partially Sighted (BABPS), shares his views on the "books for blind" Marrakesh Treaty. The
Treaty boosts access to books for millions of people around the world who are blind, visually
impaired or have a print disability. The Treaty enters into force on September 30, 2016. More
PORN STUDIO OWES BAD FAITH SANCTIONS IN IP SUIT, JUDGE TOLD

An attorney representing the anonymous internet user accused of infringing Malibu Media LLC's
copyrighted videos told a California federal judge Thursday that the litigious porn studio should
be sanctioned and pay his attorneys' fees because it acted in bad faith by bringing the case it later
voluntarily dismissed.
FCC DELAYS VOTE ON TV SET-TOP BOX PLAN

via WSJ.com: Media & Marketing by John D. McKinnon on 9/29/2016
URL: http://www.wsj.com/articles/fcc-postpones-vote-on-tv-set-top-box-plan-1475160910
Federal regulators Thursday delayed a vote on a proposal to overhaul the market for TV set-top
boxes, dealing a setback to Federal Communications Commission Chairman Tom Wheeler on
one of his top priorities for the year.
GOOGLE BEATS BACK ORACLE AGAIN IN JAVA ANDROID CASE

via ZDNet by Steven J. Vaughan-Nichols on 9/29/2016
URL: http://www.zdnet.com/article/google-beats-back-oracle-again-in-java-android-case/
Alsup wrote, "It may well be true that the use of the copyrighted APIs in ARC++ (or any other
later use) will not qualify as a fair use, but that will not and ...
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MARYANNE DIAMOND, PAST PRESIDENT, WORLD BLIND UNION, ON MARRAKESH

TREATY ENTRY INTO FORCE
URL: https://www.youtube.com/watch?v=a1_7iVOV0Ho
For Maryanne Diamond, Past President of the World Blind Union (WBU), the entry into force of
the "books for blind" Marrakesh Treaty marks an important day for a fundamental human right:
access to information. The Treaty boosts access to books for hundreds of millions of people
around the world who are blind, visually impaired or have a print disability. More about the
FCC PULLS SET-TOP BOX PROPOSAL FROM MEETING AGENDA

URL: http://variety.com/2016/biz/news/fcc-pulls-set-top-box-1201873771/
"The MPAA is pleased that the FCC is taking more time, and we hope they use it to ensure any
set-top box proposal remains consistent with copyright ...
BIRENDRA RAJ POKHAREL, CHAIRPERSON, ACTION ON DISABILITY RIGHTS AND

DEVELOPMENT, ON MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=YP0QZwikTsw
Birendra Raj Pokharel, Chairperson of Nepal's Action on Disability Rights and Development
(ADRAD), shares his views on the "books for blind" Marrakesh Treaty, which boosts access to
books for hundreds of millions of people around the world who are blind, visually impaired or
have a print disability. More about the Marrakesh Treaty: http://www.wipo.int/mt/
DAN PESCOD, CAMPAIGNS MANAGER, RNIB, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=apWjpQK_Wj0
Dan Pescod, Campaigns Manager of the Royal National Institute of Blind People (RNIB),
welcomes the entry into force of the "books for blind" Marrakesh Treaty and calls for its
ratification by the European Union. The Treaty boosts access to books for hundreds of millions
of people around the world who are blind, visually impaired or have a print disability. More
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Joshua L. Simmons
INTERNATIONAL PUBLISHERS ASSOCIATION'S JOSÉ BORGHINO ON MARRAKESH

TREATY
URL: https://www.youtube.com/watch?v=2ddKvSwong8
José Borghino, Secretary General of the International Publishers Association (IPA), welcomes
the entry into force of the "books for blind" Marrakesh Treaty. The Treaty boosts access to books
for millions of people around the world who are blind, visually impaired or have a print
disability. More about the Marrakesh Treaty: http://www.wipo.int/mt/
WIPO DG GURRY: ENTRY INTO FORCE OF "BOOKS FOR BLIND" MARRAKESH

TREATY A WONDERFUL EVENT
URL: https://www.youtube.com/watch?v=SEsXZbE_WHw
For WIPO Director General Francis Gurry, the entry into force of the "books for blind"
Marrakesh Treaty is an extremely happy occasion for the visually impaired community, for the
World Intellectual Property Organization, and multilateralism. The Treaty boosts access to books
for millions of people around the world who are blind, visually impaired or have a print
NIGERIA ASSOCIATION OF THE BLIND (NAB) ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=y8ZNfzXveWw
Members of Nigeria Association of the Blind (NAB) share their views on the "books for blind"
Marrakesh Treaty and call for its ratification by Nigeria. The Treaty boosts access to books for
hundreds of millions of people around the world who are blind, visually impaired or have a print
MAUREEN DUFFY, AUTHOR AND POET, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=hNzCM6gFny0
Maureen Duffy, author, poet, playwright, and member of the International Authors Forum (IAF),
welcomes the entry into force of the "books for blind" Marrakesh Treaty and urges countries that
have not yet joined the pact to follow suit. The Treaty boosts access to books for hundreds of
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PEDRO MILLIET, DAISY BOARD REPRESENTATIVE FOR THE DAISY LATINO

GROUP, ON MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=iM1cWBu_Lug
Pedro Milliet, DAISY Board Representative for the DAISY Latino Group, shares his views on
the "books for blind" Marrakesh Treaty, which boosts access to books for millions of people
around the world who are blind, visually impaired or have a print disability. More about the
MARISELLA OUMA, FORMER DIRECTOR, KENYA COPYRIGHT BOARD, ON

MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=LrwOiF2B7lo
Marisella Ouma, IP consultant, former Executive Director of Kenya Copyright Board

(KECOBO), shares her views on the "books for blind" Marrakesh Treaty and its impact on
Africa. The Treaty boosts access to books for hundreds of millions of people around the world
who are blind, visually impaired or have a print disability. More about the Marrakesh Treaty:
BRAZIL'S MINISTER OF CULTURE ON THE MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=CiIwawx8118
Marcelo Calero, Brazil's Minister of Culture, views the entry into force of the "books for blind"
Marrakesh Treaty as a milestone in the construction of an inclusive, balanced and sustainable
environment for the enjoyment of cultural rights. The Treaty boosts access to books for hundreds
of millions of people around the world who are blind, visually impaired or have a print disability.
- 581 -
Joshua L. Simmons
VOLMIR RAIMONDI, PRESIDENT, LATIN AMERICAN BLIND UNION, ON

MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=OaexPVgjCVk
Volmir Raimondi, President of the Latin American Blind Union (ULAC), shares his views on the
"books for blind" Marrakesh Treaty, which boosts access to books for millions of people around
the world who are blind, visually impaired or have a print disability. More about the Marrakesh
Treaty: http://www.wipo.int/mt/ http://www.wipo.int/treaties/en/ip/marrakesh/
MARGARET MCGRORY, VICE PRESIDENT, CNIB, ON MARRAKESH TREATY

URL: https://www.youtube.com/watch?v=DEFYU5lZ2QY
Margaret McGrory, Vice President and Executive Director, CNIB Library, shares her views on
the "books for blind" Marrakesh Treaty, which boosts access to books for hundreds of millions
of people around the world who are blind, visually impaired or have a print disability. More
OLAV STOKKMO, CEO AND SECRETARY GENERAL, IFRRO, ON MARRAKESH

TREATY
URL: https://www.youtube.com/watch?v=JOfAy_iiUIM
Olav Stokkmo, CEO and Secretary General of International Federation of Reproduction Rights
Organisations (IFRRO), shares his views on the "books for blind" Marrakesh Treaty, which
boosts access to books for millions of people around the world who are blind, visually impaired
or have a print disability. More about the Marrakesh Treaty: http://www.wipo.int/mt/
STAR TREK' LAWSUIT HEATS UP AS FAN CO. SEEKS PARAMOUNT'S J.J. ABRAMS,
JUSTIN LIN COMMUNICATIONS
URL: http://www.hollywoodreporter.com/thr-esq/star-trek-lawsuit-heats-up-934130
Abrams, an executive producer on 'Star Trek Beyond,' could find himself in an uncomfortable
position thanks to what he said about the lawsuit a few months ago.
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October 2016
MUSIC COPYRIGHT SPAT IN MACEDONIA; FOLK FESTIVAL POSTPONED

via The Washington Post on 10/1/2016
URL: https://www.washingtonpost.com/world/europe/music-copyright-spat-in-macedonia-folk-
festival-postponed/2016/10/01/8e0906de-87fa-11e6-b57d-dd49277af02f_story.html
SKOPJE, Macedonia - Macedonian radio and TV channels have been banned from broadcasting
Macedonian and Serbian music due to copyright ...
BIG WEEK FOR WIPO MARRAKESH TREATY ON ACCESS FOR VISUALLY

IMPAIRED; HUMAN RIGHTS SIDE UNDER FOCUS
URL: http://www.ip-watch.org/2016/10/03/big-week-for-wipo-marrakesh-treaty-on-access-for-
visually-impaired-human-rights-side-under-focus/
The World Intellectual Property Organization treaty on copyright exceptions for print-disabled
readers entered into effect on 30 September, and trading in accessible format works began
immediately. This week, the treaty will be a highlight of the annual WIPO General Assemblies,
and is expected to come up at the parallel UN Social Forum taking place next door.
CONAN O'BRIEN JOKE THEFT LAWSUIT ADDS AN ADDITIONAL JOKE

URL: http://www.hollywoodreporter.com/thr-esq/conan-obrien-joke-theft-lawsuit-934645
The comedian and much of his writing staff have been deposed in the copyright case.
FLA. BAR MEMBERS BACK TURTLES IN PRE-1972 COPYRIGHT FIGHT

via Intellectual Property Law360 by Carolina Bolado on 10/3/2016
The Florida Bar's Entertainment Arts and Sports Law Section on Friday backed the two founding
members of American rock band The Turtles in their battle against Sirius XM, arguing that state-
based common law precedent gives them the copyright to their songs recorded prior to 1972.
PUBLISHER WANTS COX TO PAY $13M LEGAL BILL IN PIRACY FIGHT

Citing "sham" arguments and "scorched earth" tactics, music publisher BMG Rights
Management on Friday demanded more than $13 million in legal fees from Cox
- 583 -
Joshua L. Simmons
Communications on top of the $25 million it already won over music piracy committed by the
cable giant's subscribers.
SANTA CLAUS COPYRIGHT CASE IS NOT COMING TO SCOTUS

URL: http://www.reuters.com/article/santaclaus-song-lawsuit-idUSL2N1C91NQ
The Supreme Court on Monday declined to weigh in on a case that allowed the family of J. Fred
Coots, the man who wrote "Santa Claus is ...
BIA RULING MAY HAVE PUSHED 'MORAL TURPITUDE' TOO FAR

via Intellectual Property Law360 by Allissa Wickham on 10/3/2016
The Board of Immigration Appeals' recent ruling that copyright infringement is a crime
involving moral turpitude that can lead to deportation has some experts concerned the board may
have gone beyond the limit of what traditionally fits the bill for such crimes, which often involve
fraud or shocking behavior.
TIGER MEDIA DUCKS PORN CO.'S $10M PIRATING SUIT FOR NOW
A California judge on Monday dismissed Tiger Media Inc. from a pornography producer's $10
million suit claiming the Canadian company operates an ad network supporting websites that
illegally distribute its adult content, but granted the porn company permission to file an amended
suit.
MCDONALD'S COPIED LATE ARTIST'S GRAFFITI FOR STORES, SUIT SAYS

McDonald's Corp. is using copies of street art by the late Dash Snow to decorate its stores
without his estate's permission and in defiance of his lifetime refusal to associate with "corporate
consumerism," the mother of his daughter said in a suit in California federal court Monday.
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BEST OF TIMES AND WORST OF TIMES FOR INTERNATIONAL IP

via Intellectual Property Law360 by Jay Erstling & Amy Salmela on 10/4/2016
These may be the best of times and the worst of times for international intellectual property
protection. Despite a few hiccups, the global IP environment is in good health. The number of
countries taking part in the IP system is growing, and so is recognition of the importance of IP
protection for innovation and economic growth. However, ever since the Agreement on Trade-
Related Aspects of Intellectual Property Rights came into effect in 1995, governance of the
global IP system has been tied...
MCDONALD'S SUED FOR COPYRIGHT INFRINGEMENT FOR USING LATE ARTIST

DASH SNOW'S WORK
URL: http://www.thefashionlaw.com/home/mcdonalds-sued-for-copyright-infringement-for-
using-late-artist-dash-snows-work
On the heels of lawsuits filed against fashion brands like Moschino and Roberto Cavalli for
copying the work of graffiti artists, McDonald's has been hit ...
EFF IN ANOTHER DMCA ROW

URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=5103#.V_sRyD
WbCoE
... a lawsuit against the US Department of Justice (DOJ) to protect a professor from prosecution
under the Digital Millennium Copyright Act (DMCA).
MCDONALD'S EMBROILED IN COPYRIGHT CLAIM WITH LATE ARTIST'S FAMILY

URL: http://www.worldipreview.com/news/mcdonald-s-embroiled-in-copyright-claim-with-late-
artist-s-family-12352
Fast-food chain McDonald's has been slapped with a copyright infringement lawsuit by the estate
of late artist Dash Snow. Snow, who was a ...
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Joshua L. Simmons
LEGALIZE THE RUNWAY: CALLING OUT COPYCATS ON THE CATWALK

via IPLJ by Krina Merchant on 10/5/2016
URL: http://www.fordhamiplj.org/2016/10/05/legalize-runway-calling-copycats-catwalk/
As Fashion Week moves across the planet, with fashionistas and the alike moving along with it,
there is one admiring eye that the fashion industry cannot shake; the copycat.
"BOOKS FOR BLIND" MARRAKESH TREATY - ENDING THE BOOK FAMINE

URL: https://www.youtube.com/watch?v=cgzQp2_m0Is
The story of the landmark "books for the blind" Marrakesh Treaty. The Treaty boosts cross-
border access to books that are specially adapted for millions of people around the world who are
blind, visually impaired or have a print disability. More about the Marrakesh Treaty:
COPYRIGHT REVIEW IN CANADA: MYTHS AND FACTS

URL: http://hughstephensblog.net/2016/10/05/copyright-review-in-canada-myths-and-facts
Five years after the introduction of the Copyright Modernization Act (Bill C-11) in 2012 under
Stephen Harper's Conservative government, preparations are being made for the statutory five
year review in late 2017 by the relatively new Liberal government of Justin Trudeau.
GLENN BECK'S WEBSITE SUED FOR PHOTO COPYRIGHT VIOLATIONS

Photojournalism service Barcroft Media Ltd. has filed a copyright infringement suit in New York
federal court against pundit Glenn Beck's conservative media website, alleging that TheBlaze
Inc. and its parent company, Mercury Radio Arts Inc., financially benefited from two images it
used without permission.
AEROMETALS INC. ACCUSED OF COPYRIGHT INFRINGEMENT OVER DRAWINGS

USE
URL: http://norcalrecord.com/stories/511013072-aerometals-inc-accused-of-copyright-
infringement-over-drawings-use
Aerometals Inc. accused of copyright infringement over drawings use ... against Aerometals Inc.
alleging copyright infringement and other counts.
- 586 -
MUSIC COPYRIGHT SOCIETY OF KENYA ORDERED TO RELEASE ARTISTES' PAY

via Standard Digital by Faith Karanja on 10/5/2016
URL: http://www.standardmedia.co.ke/article/2000218596/mcsk-ordered-to-release-artistes-pay
The Music Copyright Society of Kenya has been ordered to pay a group of gospel artistes their
royalties. Justice Fred Ochieng issued the orders on ...
HOW THE "DANCING BABY" CASE WENT CRAZY
URL: http://illusionofmore.com/how-the-dancing-baby-case-went-crazy/
Last week, both the Electronic Frontier Foundation and Universal Music Group filed petitions
with the United States Supreme Court in regard to what is commonly known as the "Dancing
Baby" case. The "baby" in question is about 11 years old ... Continue reading ?
BRAZIL'S MINISTER OF CULTURE CHAIRS FIRST-EVER MARRAKESH TREATY

ASSEMBLY
URL: https://www.youtube.com/watch?v=4LgJ6A9U-Bk
Brazil's Minister of Culture Marcelo Calero comments on the first-ever meeting of Marrakesh
Treaty Assembly, which he chaired on October 5, 2016 and calls on more member states to join
the "books for blind" pact. More about the Marrakesh Treaty: http://www.wipo.int/mt/
VIBRANT LAUDING OF "HISTORIC" MARRAKESH TREATY FOR THE BLIND AT

WIPO
URL: http://www.ip-watch.org/2016/10/06/vibrant-lauding-of-historic-marrakesh-treaty-for-the-
blind-at-wipo/
"Great victory", "life-changing", "historic milestone" - no adjectives were strong enough

yesterday to celebrate the entry into force of the Marrakesh treaty at the World Intellectual
Property Organization. The treaty, which went into effect on 30 September, "opens the door to
the world's knowledge," to visually impaired people, but will need many more countries to join,
in particular countries that are major producers of special format books - the United States and
the European Union.
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Joshua L. Simmons
2ND CIRC. DODGES 'NOVEL' CLOUD STORAGE COPYRIGHT QUESTIONS

The Second Circuit on Thursday tossed out a lawsuit filed against Barnes & Noble over e-books
saved on the company's online storage lockers, but said it had expressly avoided "novel"
copyright questions the case raised about cloud computing.
GOLD VALUE INTERNATIONAL TEXTILE ACCUSES FOREVER 21 OF COPYRIGHT

INFRINGEMENT WITH CLOTHING
URL: http://norcalrecord.com/stories/511013120-gold-value-international-textile-accuses-
forever-21-of-copyright-infringement-with-clothing
A Los Angeles textile business alleges a retailer is selling garments using its copyrighted fabric
designs without permission.
KNOW THY SOFTWARE VENDOR: WEBSITE OPERATOR CANNOT SIDESTEP

COPYRIGHT INFRINGEMENT CLAIMS ...
via National Law Review by Jeffrey D. Neuburger on 10/6/2016
URL: http://www.natlawreview.com/article/know-thy-software-vendor-website-operator-cannot-
sidestep-copyright-infringement
Last month, a New York district court refused to dismiss most of the copyright infringement
claims asserted against a website operator based on an ...
SONY SETTLES SAMPLING COPYRIGHT SUIT OVER IRON MAN THEME

Sony Music Entertainment and Razor Sharp Records LLP have settled a copyright infringement
suit in which the man who wrote the 1960s Iron Man theme song alleged that the track was used
without permission on two Ghostface Killah songs.
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RIHANNA VICTORIOUS IN LAWSUIT CLAIMING SHE COPIED "ROCKSTAR 101"

VIDEO
URL: http://www.thefashionlaw.com/home/rihanna-victorious-in-case-claiming-she-copied-
rockstar-101-video
A French court has cleared superstar Rihanna of copyright infringement claims in a case brought
against her by an American visual artist, who claimed ...
WANT TO GET A COPYRIGHT IN INDIA? DON'T GO TO THIS FAKE WEBSITE

via International Business Times by Arkadev Ghoshal on 10/6/2016
URL: http://www.ibtimes.co.in/want-get-copyright-india-dont-go-this-fake-website-698665
People looking to obtain copyrights for their works in India have been warned by the Department
of Industrial Policy and Promotion (DIPP), which falls ...
HALLMARK HIT BY JEWELLERY COPYRIGHT CLAIM
URL: http://www.worldipreview.com/news/hallmark-hit-by-jewellery-copyright-claim-12364
In a lawsuit filed at the US District Court for the Central District of California on Tuesday,
October 4, LA Gem claimed that Hallmark has sold jewellery ...
WHEN BUYING SOMETHING DOESN'T MEAN YOU OWN IT

via Slate by Aaron Fellmeth on 10/7/2016
URL:
http://www.slate.com/articles/technology/future_tense/2016/10/the_uncertain_future_of_copyrig
ht_in_the_on_demand_age.html
For example, recording a show to watch it later did not qualify as copyright infringement,
because the consumer was merely shifting the time when he ...
EU COURT BRINGS NEW COPYRIGHT LIABILITY FOR LINKED MATERIAL

via Intellectual Property Law360 by Jennifer Stanley & Liwen A. Mah on 10/7/2016
The Court of Justice of the European Union ruled on Sept. 8, 2016, that websites that merely link
to infringing material (instead of copying it) can be liable for copyright infringement. If this
decision, GS Media BV v. Sanoma,[1] stands, it threatens to disrupt common practices on a wide
variety of websites and social media platforms.
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Joshua L. Simmons
NEW EU COPYRIGHT DIRECTIVE LEAKED

via Lexology by David Cullen on 10/7/2016
URL: http://www.lexology.com/library/detail.aspx?g=c4b07223-c273-40a5-913c-9b4abb282d1f
As part of the EU Single Digital Market strategy, the European Commission is proposing to
modernise EU copyright law to provide for the increasing ...
SONY SETTLES COPYRIGHT LAWSUIT OVER 'IRON MAN' THEME SONG USED IN
TWO GHOSTFACE KILLAH SONGS ...
via Billboard by Adelle Platon on 10/7/2016
URL: http://www.billboard.com/articles/columns/hip-hop/7534228/sony-iron-man-ghostface-
killah-copyright-lawsuit
Following a legal dispute over two Ghostface Killah songs, Sony Music Entertainment and
Razor Sharp Records have settled the copyright ...
COUNTRY SPOTLIGHT: SINGAPORE: COPYRIGHT UPDATE

via Publishers Weekly by Teri Tan on 10/7/2016
URL: http://www.publishersweekly.com/pw/by-topic/international/international-book-
news/article/71701-country-spotlight-singapore-copyright-update.html
The proposed exception to allow copying and extraction of copyrighted works for text mining
and data analyses, for instance, is unlikely to be viewed ...
HAMILTON' MUSICAL STARTS DUEL OVER COUNTERFEITING

The production company for the blockbuster musical "Hamilton" accused a popular online T-
shirt retailer of selling shirts with the "Hamilton" logo that weren't authorized by the musical or
its merchandise affiliates, according to a suit in New York.
HAMILTON PRODUCERS SUE OVER COPYRIGHT

via Playbill by Adam Hetrick on 10/8/2016
URL: http://www.playbill.com/article/hamilton-producers-sue-over-copyright
Online t-shirt companies SunFrog and GearLaunch are being sued by the producers of Hamilton
over copyright infringement. The show's producers ...
- 590 -
WALA AND ARTS & ENTERTAINMENT ADVOCACY CLINIC HOSTING COPYRIGHT

CLINIC AND PANEL
URL: http://cpip.gmu.edu/2016/10/09/wala-and-arts-entertainment-advocacy-clinic-hosting-
copyright-clinic-and-panel/
Scalia Law School's Arts & Entertainment Advocacy Clinic and Washington Area Lawyers for
the Arts (WALA) are hosting a Copyright Clinic and Panel on the evening of Tuesday,
November 1st, 2016, at the law school.
DISTRICT COURT DISMISSES STATE LAW UNFAIR COMPETITION CLAIM AS

PREEMPTED BY FEDERAL COPYRIGHT ...
via National Law Review by Chanson Chang on 10/9/2016
URL: http://www.natlawreview.com/article/district-court-dismisses-state-law-unfair-
competition-claim-preempted-federal
The Northern District of Texas recently held that federal copyright and patent laws preempted a
state law unfair competition claim involving rival ...
ELZA-LYNNE KRUGER, NATIONAL DIRECTOR, TAPE AIDS FOR THE BLIND, ON

MARRAKESH TREATY
URL: https://www.youtube.com/watch?v=LnAvdP-PBSU
Elza-Lynne Kruger, National Director of Tape Aids for the Blind, shares her views on the "books
for blind" Marrakesh Treaty, which boosts access to books for millions of people around the
world who are blind, visually impaired or have a print disability. More about the Marrakesh
Treaty: http://www.wipo.int/mt/ http://www.wipo.int/treaties/en/ip/marrakesh/
HALLYU COPYRIGHTS VIOLATIONS INCERASING

via The Korea Times on 10/9/2016
URL: http://m.koreatimes.co.kr/phone/news/view.jsp?req_newsidx=215775
Copyrighted materials from Korean broadcasts are increasingly being violated in China and
Southeast Asian countries, according to a recent report.
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Joshua L. Simmons
SONY SETTLES IRON MAN COPYRIGHT CASE

URL: http://www.worldipreview.com/news/sony-settles-iron-man-copyright-case-with-
songwriter-12370
Sony Music and rapper Ghostface Killah have settled a copyright dispute with the composer of
the 1960s "Iron Man" theme song. Songwriter Jack ...
CREATORS MOBILISE TO MAKE THEIR VOICE HEARD DURING THE US ELECTIONS

via Music Week by Emmanuel Legrand on 10/10/2016
URL: http://www.musicweek.com/talent/read/creators-mobilise-to-make-their-voice-heard-
during-the-us-elections/066186
Another initiative, taken by the Copyright Alliance and CreativeFuture - two organisations that
support creative communities - have partnered to send ...
FORDHAM IPLJ SYMPOSIUM: RINGING OR REELING IN OF COPYRIGHT

via IPLJ by Sophia Murashkovsky on 10/10/2016
URL: http://www.fordhamiplj.org/2016/10/10/fordham-iplj-symposium-copyright/
On September 30th, Fordham's Intellectual Property, Media and Entertainment Law Journal held
an informative Symposium at the Fordham Law School.
AD NETWORK DEFEATS SECONDARY COPYRIGHT CLAIMS-ALS SCAN V.

JUICYADS
URL: http://blog.ericgoldman.org/archives/2016/10/ad-network-defeats-secondary-copyright-
claims-als-scan-v-juicyads.htm
The plaintiff is this case is well-known pornographer/litigator ALS Scan.
ED SHEERAN'S LAWYERS OBJECT TO SPRAWLING NATURE OF 'PHOTOGRAPH'

COPYRIGHT SUIT
URL: http://www.hollywoodreporter.com/thr-esq/ed-sheerans-lawyers-object-sprawling-936868
A federal judge is asked to reject a complaint with "breathtakingly long paragraphs."
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MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: DAVID HAMMERSTEIN

URL: https://www.youtube.com/watch?v=JP9Tai2DkvM
The inaugural Marrakesh Treaty Assembly took place on Wednesday, October 5, 2016, during
the Assemblies of WIPO Member States. In this short clip, David Hammerstein from the World
Blind Union (WBU), addresses the Assembly.
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: FRANCISCO JAVIER

MARTÍNEZ CALVO
URL: https://www.youtube.com/watch?v=lLqF0VSItFc
the Assemblies of WIPO Member States. In this short clip, Francisco Javier Martínez Calvo,
Technical Advisor, National Organization of Spanish Blind Persons, ONCE, addresses the
Assembly.
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: FRANCIS GURRY

URL: https://www.youtube.com/watch?v=KS51suiOTOU
the Assemblies of WIPO Member States. In this short clip, Francis Gurry, Director General of
WIPO, addresses the Assembly.
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: SCOTT LABARRE

URL: https://www.youtube.com/watch?v=mVnO-VuJxGc
the Assemblies of WIPO Member States. In this short clip, Scott Labarre, World Blind Union
(WBU) representative to the Accessible Books Consortium (ABC) and President of the U.S.
National Association of Blind Lawyers, addresses the Assembly.
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: GOPAL MITRA

URL: https://www.youtube.com/watch?v=axzTGHenBlk
the Assemblies of WIPO Member States. In this short clip, Gopal Mitra, Programme Specialist,
Children with Disabilities, Disability Section, UNICEF, addresses the Assembly.
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Joshua L. Simmons
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: MARIA SOLEDAD

CISTERNAS
URL: https://www.youtube.com/watch?v=c2cysh-DB04
the Assemblies of WIPO Member States. In this short clip, Maria Soledad Cisternas, Chair of the
Committee on the Rights of Persons with Disabilities (CRPD), addresses the Assembly.
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: FREDERICK SCHROEDER

URL: https://www.youtube.com/watch?v=dETmXcPx1us
the Assemblies of WIPO Member States. In this short clip, Frederick Schroeder, President of the
World Blind Union (WBU), addresses the Assembly.
MARRAKESH ASSEMBLY, VOICES FROM THE FLOOR: MARK RICCOBONO

URL: https://www.youtube.com/watch?v=LBq_31Z9LuU
the Assemblies of WIPO Member States. In this short clip, Mark Riccobono, President of the
U.S. National Federation of the Blind (NFB), addresses the Assembly.
ED SHEERAN'S LAWYERS ASK COURT TO DISMISS WORDY COPYRIGHT SUIT

URL: http://www.worldipreview.com/news/ed-sheeran-s-lawyers-ask-court-to-dismiss-wordy-
copyright-suit-12382
Lawyers representing singer-songwriter Ed Sheeran have asked for a copyright complaint filed
against him by two US musicians to be amended or ...
WHICH "BRAZIL" WILL CHAIR THE MARRAKESH TREATY ASSEMBLY?

via Intellectual Property Watch by Allan Rocha de Souza on 10/11/2016
URL: http://www.ip-watch.org/2016/10/11/which-brazil-will-chair-the-marrakesh-treaty-
assembly/
The supposedly impossible happened: The Marrakesh Treaty entered into force on 30
September, three months after reaching the necessary minimum of 20 ratifications. By then, 22
countries had done so - two more did so during the Marrakesh Assembly.
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ED SHEERAN SUED OVER PHOTOGRAPH: SINGER'S LAWYERS RESPOND TO $20M

COPYRIGHT LAWSUIT
via International Business Times by Alicia Adejobi on 10/11/2016
URL: http://www.ibtimes.co.uk/ed-sheeran-hits-back-scandalous-allegations-20m-photograph-
copyright-lawsuit-1585793
Lawyers for Ed Sheeran have responded to a copyright lawsuit over his 2015 single Photograph.
The British singer's legal team argue that the $20m ...
HOW WILL BREXIT AFFECT COPYRIGHT LEGISLATION?

via London School of Economics on 10/11/2016
URL: http://blogs.lse.ac.uk/mediapolicyproject/2016/10/11/how-will-brexit-affect-copyright-
legislation/
The UK's future relationship with the European Union, and the implications for UK regulation,
are full of uncertainty. For example, how much ...
MALIBU MEDIA GOES ON COPYRIGHT CLAIM SPREE

URL: http://www.worldipreview.com/news/malibu-media-goes-on-copyright-claim-spree-12383
Online video company Malibu Media filed more than 40 copyright infringement complaints in
three days in October, all aimed at unnamed defendants.
ABBOTT AND COSTELLO HEIRS LOSE APPEAL OVER BROADWAY PLAY'S USE OF
"WHO'S ON FIRST" ROUTINE
URL: http://www.hollywoodreporter.com/thr-esq/abbott-costello-heirs-lose-appeal-937178
'Hand of God' producers beat lawsuit - not because of fair use, but because the heirs haven't
demonstrated ownership of a valid copyright.
'WHO'S ON FIRST?' COPYRIGHT LAWSUIT STRIKES OUT

URL: http://blogs.wsj.com/law/2016/10/11/whos-on-first-copyright-lawsuit-strikes-
out/?mod=WSJBlog
A copyright lawsuit brought by the heirs of Abbott and Costello was called out on appeal. A
federal appeals court in Manhattan dismissed a copyright lawsuit accusing the makers of a
Broadway show of unlawfully appropriating the classic "Who's on First" comedy routine. The
defendants are the author and producers of "Hand to God," a [...]
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Joshua L. Simmons
NEWS, CEREAL AND UNDERWEAR: BRANDEIS ON COPYRIGHT AND TM

via Intellectual Property Law360 by David Kluft on 10/11/2016
Oct. 9 marked the 100th anniversary of Louis Brandeis' first session as a justice of the U.S.
Supreme Court (Oct. 9, 1916, was the second Monday in October - in 1917, the court began
meeting on the first Monday). This occasion is worthy of remembrance not only because of the
historical importance of the man himself, but also because Brandeis was the first Jewish jurist (or
non-Christian of any creed) to ascend to the high court, a fact that in large part led to an
historically...
COMEDIAN BOBBY COLLINS ACCUSED OF COPYRIGHT INFRINGEMENT

REGARDING CDS
via NorCal Record on 10/11/2016
URL: http://norcalrecord.com/stories/511014791-comedian-bobby-collins-accused-of-copyright-
infringement-regarding-cds
An entertainment corporation alleges a Santa Monica comedian and his limited liability company
willfully infringed its copyrights.
2ND CIRC. AFFIRMS DISMISSAL OF 'WHO'S ON FIRST?' SUIT

The Second Circuit affirmed a lower court decision Tuesday dismissing a case challenging use of
the "Who's on First?" Bud Abbott and Lou Costello routine in a Broadway production, finding
the inclusion was not fair use but that the comedy duo's estate failed to plausibly allege a valid
copyright interest.
STAR FABRICS INC. ALLEGE THREE COPYRIGHTED DESIGNS WERE INFRINGED BY

COMPANIES
via NorCal Record by Wadi Reformado on 10/11/2016
URL: http://norcalrecord.com/stories/511014783-star-fabrics-inc-allege-three-copyrighted-
designs-were-infringed-by-companies
A Los Angeles corporation alleges three of its copyrighted fabric designs were used by other
companies without permission.
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SECOND CIRCUIT REJECTS FAIR USE IN 'WHO'S ON FIRST' COPYRIGHT CASE

via New York Law Journal by Mark Hamblett on 10/11/2016
URL: http://norcalrecord.com/stories/511014783-star-fabrics-inc-allege-three-copyrighted-
designs-were-infringed-by-companies
"Rather, the critical inquiry is whether the new work uses the copyrighted material itself for a
purpose, or imbues it with a character, different from that ...
JAY Z, KANYE WEST & FRANK OCEAN WIN 'MADE IN AMERICA' COPYRIGHT
LAWSUIT MACKLEMORE & RYAN ...
via Billboard by Colin Stutz on 10/11/2016
URL: http://www.billboard.com/articles/columns/hip-hop/7541009/jay-z-kanye-west-frank-
ocean-win-made-in-america-copyright-lawsuit
Jay Z, Kanye West and Frank Ocean have won another victory against allegations of copyright
infringement. On Friday, a federal appeals court upheld ...
THE MAN MUSICIANS CALL WHEN TWO TUNES SOUND ALIKE

via NYTimes by Alex Marshall on 10/11/2016
URL: http://www.nytimes.com/2016/10/12/arts/music/the-man-musicians-call-when-two-tunes-
sound-alike.html
So it's a shame he clammed up recently when asked about today's highest-profile copyright
question: Did the British pop star Ed Sheeran steal from ...
WHO'S ON FIRST?' COPYRIGHT SUIT TOSSED AGAIN ON APPEAL

via New York Post by Lia Eustachewich on 10/11/2016
URL: http://nypost.com/2016/10/11/whos-on-first-copyright-suit-tossed-again-on-appeal/
A federal appeals court Tuesday called out a lower-court judge for tossing a copyright
infringement lawsuit over the 80-year-old sketch "Who's On First ...
VOICES FROM MARRAKESH TREATY ASSEMBLY: SCOTT LABARRE, WBU

REPRESENTATIVE TO THE ABC BOARD
URL: https://www.youtube.com/watch?v=eIzBkA8jz2Y
Scott LaBarre, World Blind Union (WBU) representative to the Accessible Books Consortium
(ABC), and President of the U.S. National Association of Blind Lawyers (NABL), speaks to the
inaugural session of the Marrakesh Treaty Assembly, at which member countries of the "books
for blind" Treaty met for the first time. The Treaty boosts access to books for hundreds of
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Joshua L. Simmons
Inaugural Marrakesh Treaty Assembly:
http://www.accessiblebooksconsortium.org/news/en/2016/news_0013.html More about the
VOICES FROM MARRAKESH TREATY ASSEMBLY: MARIA SOLEDAD CISTERNAS,

CRPD
URL: https://www.youtube.com/watch?v=q4WPCXAOnUY
Maria Soledad Cisternas, Chair of the Committee on the Rights of Persons with Disabilities
(CRPD), speaks to the inaugural session of the Marrakesh Treaty Assembly, at which member
countries of the "books for blind" Treaty met for the first time. The Treaty boosts access to books
for hundreds of millions of people around the world who are blind, visually impaired or have a
print disability. Inaugural Marrakesh Treaty Assembly:
http://www.accessiblebooksconsortium.org/news/en/2016/news_0013.html More about the
MPAA SORTS NOTORIOUS FROM NICE

Among the notorious markets were high profile torrent sites The Pirate Bay, whose owners were
found guilty of promoting copyright infringement and ...
THE GREAT SCOOP: FEEDING GOOGLE'S AI MACHINE

URL: http://hughstephensblog.net/2016/10/12/the-great-scoop-feeding-googles-ai-machine
Oh Google! You've done it again! You have taken a good idea-one that could help creativity-and
once again blotted your copybook by antagonizing the creative community you profess to serve.
SECOND CIRCUIT REJECTS FAIR USE IN 'WHO'S ON FIRST' COPYRIGHT CASE

via Law.com - Newswire by Mark Hamblett on 10/12/2016
URL: http://www.law.com/sites/articles/2016/10/11/second-circuit-rejects-fair-use-in-whos-on-
first-copyright-case/
Incorporating the classic comedy routine verbatim into the Broadway play "Hand of God" wasn't
transformative, a federal appeals panel ruled. But the show's writers and producers still won their
case.
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WI-FI/COPYRIGHT
via Lexology by Anja Greiner & Georg Kresbach on 10/12/2016
URL: http://www.lexology.com/library/detail.aspx?g=0a4ee6ad-a059-492c-9e0b-180b3370519f
Operator of a Wi-Fi network cannot be held liable for copyright infringements committed by
users of that network. In its judgement C-484/14 dated 15 ...
GOGO APPAREL INC., ALLOY APPAREL & ACCESSORIES ACCUSED OF COPYRIGHT

INFRINGEMENT
via NorCal Record by Wadi Reformado on 10/12/2016
URL: http://norcalrecord.com/stories/511014797-gogo-apparel-inc-alloy-apparel-accessories-
accused-of-copyright-infringement
Gogo Apparel Inc., Alloy Apparel & Accessories accused of copyright ... two garment
manufacturers used fabrics bearing plaintiff's copyrighted design.
EC COPYRIGHT REFORMS ARE 'GENUINE OPPORTUNITY' FOR RIGHTSHOLDERS,

SAYS EXPERT
via M Magazine on 10/12/2016
URL: http://www.m-magazine.co.uk/news/ec-copyright-reforms-genuine-opportunity-
rightsholders-says-expert/
The European Commission's (EC) new copyright reforms are 'a genuine opportunity to right the
balance' in the digital music market, a PRS for Music ...
IBM SUES STARTUP FOR ALLEGEDLY STEALING SOFTWARE CODE

IBM Corp. filed a lawsuit on Wednesday in Manhattan federal court against a startup founded by
several of its former employees, claiming that the smaller firm stole source code to offer a
cheaper competing software product.
ORACLE GETS $28M INTEREST AFTER $50M RIMINI IP TRIAL WIN

Oracle Corp. on Tuesday was awarded $27.7 million in prejudgment interest to be tacked on to a
$50 million jury award and $46 million in fees in connection with the business software giant's
successful copyright infringement suit against software support firm Rimini Street Inc.
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Joshua L. Simmons
THE ITALIAN COPYRIGHT LEVY SYSTEM IS ILLEGAL, CJEU SAYS

via Lexology by Vittorio Cerulli Irelli on 10/12/2016
URL: http://www.lexology.com/library/detail.aspx?g=d2814498-be20-4a4f-a5a2-fd9534a128f0
On 22 September, the Court of Justice of the European Union ("CJEU") issued its long awaited
decision in the Microsoft Mobile et al. v. SIAE case ...
FORDHAM IPLJ PODCAST EPISODE 4: COPYRIGHTING JOKES

URL: http://www.fordhamiplj.org/2016/10/13/fordham-iplj-podcast-episode-4-copyrighting-
jokes/
This week, Online Editor Anthony Zangrillo and Staff Member David Bradley Isenberg discuss
the copyrightability of jokes.
SECOND CIRCUIT BRINGS SOME SANITY BACK TO TRANSFORMATIVE FAIR USE

URL: http://cpip.gmu.edu/2016/10/13/second-circuit-brings-some-sanity-back-to-transformative-
fair-use/
The Second Circuit handed down an opinion in TCA Television v. McCollum earlier this week
holding that a play's inclusion of Abbott and Costello's famous "Who's on First?" routine was not
transformative fair use.
USE OF 'WHO'S ON FIRST?' IN PLAY NOT TRANSFORMATIVE

URL: http://www.bna.com/whos-first-play-n57982078547/
Bloomberg BNA's Patent Trademark & Copyright Law Daily(tm)is the IP ... used in the play
failed to use "the copyrighted material itself for a purpose" or ...
THIS LAND' IP SUIT SAME AS 'HAPPY BIRTHDAY,' JUDGE TOLD

A New York City band challenging a music publisher's copyright for Woody Guthrie's iconic
folk song "This Land is Your Land" told a New York federal judge on Thursday that its claims
mirror those in a suit that ultimately put the "Happy Birthday" song into public domain.
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THINK TWICE, IT MAY NOT BE ALRIGHT: DYLAN'S MUSIC BATTLES

Bob Dylan, who was awarded the Nobel Prize in Literature on Thursday, has been on both ends
of a number of copyright and plagiarism controversies over his five decades in music. As the
world reflects on the songwriter's legendary career, here's a quick look back.
GETTY IMAGES WANTS OUT OF SUIT ALLEGING IT STOLE 47K PHOTOS

Getty Images Inc. struck back at a lawsuit accusing the photo-licensing giant of asserting claims
for photos it doesn't even own, saying Wednesday that a press agency's suit over some 47,000
sports photos was "hopelessly vague" and should be dismissed.
MIPCOM: COPYRIGHT DISPUTES CAST SHADOW OVER REALITY TV DEALS

via Hollywood Reporter by Scott Roxborough on 10/13/2016
URL: http://www.hollywoodreporter.com/news/mipcom-copyright-lawsuits-reality-tv-938310
Networks worldwide are looking for the next big hit, but wranglings over 'The Voice' and other
formats make the reality TV business more uncertain.
RIMINI STREET MUST PAY ORACLE $74M IN COPYRIGHT DISPUTE

URL: http://www.worldipreview.com/news/rimini-street-must-pay-oracle-74m-in-copyright-
dispute-12402
Software company Rimini Street has been ordered to pay rival Oracle another $74 million in a
copyright and licensing dispute. The US District Court ...
WRITERS' $100M COPYRIGHT SUIT OVER 'GOD'S NOT DEAD' NIXED

A California federal judge has dismissed a $100 million copyright infringement suit brought by
two screenwriters accusing the Christian film studio behind the 2014 hit indie film "God's Not
Dead" of ripping off their script, saying the works weren't substantially similar.
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Joshua L. Simmons
CONTENT THIEF TURNED CONTENT CREATOR RAILS AGAINST PIRACY

URL: http://mistercopyright.org/content-thief-turned-content-creator-rails-against-piracy
Last week, YouTube celebrity (yes, that's a thing now) Olajide "JJ" Olatunji posted an expletive-
filled tirade aimed at those illegally downloading his new movie "Laid in America."
ARTIST WANTS COPYRIGHT SUIT OVER JAY Z'S LOGO REVIVED

An artist who unsuccessfully sued Jay Z over the logo for the star's Roc-A-Fella Records asked a
federal judge Friday to revive his long-running suit, saying he made a key factual error in tossing
the case last month.
RAKOFF TO CROP PHOTOG'S CLAIMS IN $1B SUIT AGAINST GETTY

Large chunks of photographer Carol M. Highsmith's 13-count suit claiming for more than $1
billion in damages against Getty Images' American arm and two other corporate defendants
could be destined for the cutting-room floor, U.S. District Judge Jed S. Rakoff told the litigants
Monday.
GOD'S NOT DEAD' COPYRIGHT INFRINGEMENT SUIT STAYS ALIVE

A California federal judge on Monday tentatively refused to dismiss an author's copyright suit
alleging Pure Flix Entertainment's $140 million grossing film "God's Not Dead" ripped off his
book, saying it's too early to decide if similarities between the works are merely uncopyrightable
ideas.
COPYRIGHT REFORM: LOCAL, NATIONAL EXPERTS WEIGH IN ON THE DEBATE

via The Tennessean by Nate Rau on 10/17/2016
URL: http://www.tennessean.com/story/money/2016/10/17/copyright-reform-local-national-
experts-weigh-debate/92309444/
As part of an analysis of the debate over music copyright reform, The Tennessean surveyed 22
national experts, stakeholders and thought leaders ...
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HYPERLINKS TO PROTECTED WORKS MIGHT BE ILLEGAL 2016-10-17

via Lexology by Asta Macijauskiene on 10/17/2016
URL: http://www.lexology.com/library/detail.aspx?g=eee471ba-50b6-48f6-9d89-92b830925f3d
Such unawareness could be proved, for instance, by presenting evidence that the person who
published the copyrighted content on the web illegally ...
AUSTRALIA WILL BREACH TPP WITHOUT SAFE HARBOUR PROVISIONS:

COPYRIGHT GROUP
URL: http://www.zdnet.com/article/australia-will-breach-tpp-without-safe-harbour-provisions-
copyright-group/
Without the more extensive safe harbour provisions already rejected by Communications
Minister Mitch Fifield under the proposed Copyright Act ...
CALIFORNIA COURT DENIES REQUEST FOR NEW TRIAL IN GOOGLE FAIR USE
CASE
via Northern California Record by S. Laney Griffo on 10/17/2016
URL: http://norcalrecord.com/stories/511018660-california-court-denies-request-for-new-trial-
in-google-fair-use-case
"The court found APIs could be copyrighted because the creation of APIs used ... Asay thought
this ruling may set a new precedent for copyright cases.
COPYRIGHT CLEARANCE CENTER LAUNCHES MUSIC LICENSING TOOL

URL:
http://ipprotheinternet.com/ipprotheinternetnews/article.php?article_id=5115#.WAz0VTWbCoE
The Copyright Clearance Center (CCC) has launched RightFind Music, a website designed to
help customers find, download and manage music from ...
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Joshua L. Simmons
THE SEQUENTIAL GUIDE TO SECURING YOURSELF AGAINST SOFTWARE PIRACY

via Forbes by Harold Stark on 10/18/2016
URL:
http://www.forbes.com/forbes/welcome/?toURL=http://www.forbes.com/sites/haroldstark/2016/
10/18/the-sequential-guide-to-securing-yourself-against-software-piracy/
One of the first steps to securing a legal claim over your software is to issue a formal notification
of copyright for your creation. Regardless of the ...
HARRY SHEARER FILES $125 MILLION 'SPINAL TAP' FRAUD SUIT, COPYRIGHT
TERMINATION
URL: http://www.hollywoodreporter.com/thr-esq/harry-shearer-files-125-million-939205
For a Hollywood Accounting case, this one is an 11.
WHOSE LINE, DRAWING OR PLAN IS IT ANYWAY?: PART 2

via Intellectual Property Law360 by Amy Goldsmith & Laurie Stanziale on 10/18/2016
In the first part of this article series, we explored the law of copyrights as it applies to an
architect's work product. Now that we know whether and how architectural works can be
protected by the Copyright Act, we now turn our attention to the owner-architect agreement and
to the instruments of service, which are where, ideally, the parties will set forth their respective
rights and obligations to one another.
UK MAN PLEADS GUILTY TO TOP 40 MUSIC LEAK

URL: http://www.worldipreview.com/news/uk-man-pleads-guilty-to-top-40-music-leak-12418
A UK man has pleaded guilty to two counts of copyright infringement and fraud after he illegally
distributed singles from the UK's Top 40 chart online.
WHY THOSE "BUY NOW" BUTTONS ARE SO MISLEADING

via Slate by Aaron Perzanowski on 10/18/2016
URL:
http://www.slate.com/articles/technology/future_tense/2016/10/how_consumers_misunderstand_
buy_now_buttons.html
They have relied on a combination of expansive interpretations of copyright law, restrictive

license terms, and digital rights management technologies.
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FRIDAY THE 13TH' AUTHOR DISPUTES PRODUCER'S OWNERSHIP THEORIES

URL: http://www.hollywoodreporter.com/thr-esq/friday-13th-author-disputes-producers-939234
Victor Miller is attempting to terminate a copyright grant on the 1980 horror film.
COX RIPS $13M ATTY FEE BID IN 'NOVEL' PIRACY FIGHT

Cox Communications is pushing back on a music publisher's demand for more $13 million in
legal fees on top of a $25 million copyright verdict, saying such an award is inappropriate in a
case that "presented a host of novel questions."
SONY WANTS LAWSUIT OVER ALLEGED FAILURE TO PREVENT MOVIE PIRACY

UNDER ARBITRATION CLOAK
URL: http://www.hollywoodreporter.com/thr-esq/sony-wants-lawsuit-alleged-failure-939320
The legal battle concerning 'To Write Love on Her Arms' comes in the wake of the 2014 hack.
HARRY SHEARER SUES VIVENDI'S UNIVERSAL, STUDIOCANAL FOR $125 MILLION

OVER MUSIC COPYRIGHTS TO ...
via Variety by Elsa Keslassy on 10/18/2016
URL: http://variety.com/2016/film/global/harry-shearer-sues-vivendis-universal-studiocanal-for-
125-million-over-music-copyrights-to-spinal-tap-1201892378/
Harry Shearer is suing Vivendi's Universal Music Group and Studiocanal for $125 million for
allegedly fraudulent accounting of ...
SECOND CIRCUIT REVERSES COPYRIGHT FAIR USE DEFENSE IN "HAND OF GOD"

CASE, BUT AFFIRMS DISMISSAL ON STANDING GROUNDS
via The Entertainment, Arts and Sports Law Blog by Barry Werbin on 10/18/2016
URL: http://nysbar.com/blogs/EASL/2016/10/second_circuit_reverses_copyri.html
While God may work in mysterious ways, in this case, the Second Circuit was anything but
mysterious in taking away that which the district court had giveth by way of a copyright fair use
defense to the producers of the Broadway show "Hand of God" for their use of the famous
Abbott & Costello "Who's on First?" comedy skit (the Routine) in a portion of the show
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Joshua L. Simmons
ATTY RESISTS DOC TURNOVER IN HASBRO 'MY LITTLE PONY' IP ROW

The attorney for a toy designer suing Hasbro Inc. over allegedly stolen ideas it used to develop a
"My Little Pony" line of toys told a California federal court Tuesday that a bar ethics hotline had
backed her refusal to turn over protected deposition testimony, saying she will stay in the case
despite a disqualification bid.
UNIVERSITY OF IOWA CITES COPYRIGHT TO BLOCK FLOOD VIDEO USE

via The Republic on 10/18/2016
URL: http://www.therepublic.com/2016/10/18/ia-public-records-copyright-laws/
The University of Iowa is citing a copyright law to block the use of the university's footage of a
2008 flood for an upcoming ...
MITSUBISHI IN COPYRIGHT DOGFIGHT WITH ARTIST

URL: http://www.worldipreview.com/news/mitsubishi-in-copyright-dogfight-with-artist-12423
According to the filing, Burns has devoted his life to painting works of fine art and has received
numerous awards and commendations for his work.
RIAA, UK RECORDING INDUSTRY GROUPS FILE COPYRIGHT SUIT AGAINST

YOUTUBE-MP3
URL: http://www.ipwatchdog.com/2016/10/19/riaa-copyright-suit-youtube-audio-converter-
website/id=73922/
The plaintiffs allege that defendants YouTube-mp3 and its owner/operater, German citizen Philip
Matesanz, facilitate the infringement of copyrighted sound recordings by offering a service that
"rapidly and seamlessly" removes the audio tracks from YouTube videos, allowing users to store
MP3 files on computing devices without the consent of YouTube or the plaintiffs and in
violation of YouTube's terms of service. The suit, filed in the U.S. District Court for the Central
District of California...
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CLASSES FOR JEDIS RUN AFOUL OF THE LUCASFILM EMPIRE

via NYT > Media & Advertising by Erin McCann on 10/19/2016
URL: http://www.nytimes.com/2016/10/20/business/media/lucasfilm-sues-jedi-classes.html
A man whose businesses offers private lessons and certifications for fine-tuning lightsaber skills
is operating without the permission of the "Star Wars" owner.
TORRENT SITES DO NOT BREACH COPYRIGHT, SAY KAT LAWYERS

URL: http://www.worldipreview.com/news/torrent-sites-do-not-breach-copyright-say-kat-
lawyers-12427
Torrent sites do not breach copyright, say KAT lawyers ... website, responsible for unlawfully
distributing well over $1 billion of copyrighted materials.".
JUDGES DISCUSS REACH OF NY LAW IN TURTLES' COPYRIGHT BATTLE

via Law.com - Newswire by Joel Stashenko on 10/19/2016
URL: http://www.law.com/sites/articles/2016/10/18/judges-discuss-reach-of-ny-law-in-turtles-
copyright-battle/
Members of New York's highest court on Tuesday wrestled with whether state common law
protects against the public performance of pre-1972 music without paying the artists who hold
the copyrights.
CONTENT THIEF TURNED CONTENT CREATOR RAILS AGAINST PIRACY

URL: http://cpip.gmu.edu/2016/10/19/content-thief-turned-content-creator-rails-against-piracy/
Last week, YouTube celebrity (yes, that's a thing now) Olajide "JJ" Olatunji posted an expletive-
filled tirade aimed at those illegally downloading his new movie "Laid in America."
BOWL OF SKITTLES' PHOTOGRAPHER SUES TRUMPS, PENCE

via cNet by Steven Musil on 10/19/2016
URL: https://www.cnet.com/uk/news/bowl-of-skittles-photographer-sues-trumps-pence-twitter-
tweet-copyright-infringement/
The lawsuit seeks unspecified damages and an injunction to prevent further copyright
infringement. The Trump campaign did not immediately respond ...
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Joshua L. Simmons
TRUMP'S BEEN CALLED ALMOST EVERYTHING-LET'S ADD IP "PIRATE" TO THE

LIST
URL: http://arstechnica.com/tech-policy/2016/10/trumps-been-called-almost-everything-lets-
add-ip-pirate-to-the-list/
Anybody familiar with the US presidential election campaign knows that the GOP candidate,
Donald Trump, has been called pretty much every name in the book. But labeling him a
copyright pirate wasn't one of them-that is until now.
APPLE SUES MAKERS OF ACCESSORIES FOR SELLING COUNTERFEITS

via cNet by Andrew Morse on 10/19/2016
URL: https://www.cnet.com/news/apple-lawsuit-power-cable-lightning-accessory-trademark-
copyright-counterfeit/
In a lawsuit filed earlier this week, the iPhone maker said Mobile Star LLC and 50 unnamed
defendants had infringed on its trademarks and copyrights ...
AMICI LINE UP IN COPYRIGHT ROW BETWEEN CELEBRITY PHOTO AGENCY,

INTERNET PLATFORM
URL: http://www.law.com/sites/almstaff/2016/10/19/amici-line-up-in-copyright-row-between-
celebrity-photo-agency-internet-platform/
A photo agency that sued the owner of online tabloid "Oh No They Didn't!" for copyright
infringement is hoping to reverse a ruling that threw out its case, prompting Etsy, Pinterest and
others to weigh in and argue that reviving the case could erode legal protections afforded to
Internet service providers.
TRUMP SUED IN CHICAGO OVER USE OF COPYRIGHTED SKITTLES PHOTO

via Chicago Sun Times by Mitchell Armentrout on 10/19/2016
URL: http://chicago.suntimes.com/news/trump-sued-in-chicago-over-use-of-copyrighted-
skittles-photo/
A photographer from the United Kingdom filed a federal lawsuit in Chicago Tuesday against
Donald Trump's campaign over its use of his photo of a ...
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PHOTOGS' GETTY COPYRIGHT SUIT NIXED PER ARBITRATION CLAUSE

Getty Images Inc. won its bid to dismiss a copyright infringement suit brought by a pair of sports
photographers when a Wisconsin federal judge on Wednesday said the photographers have to
arbitrate their claims per their contracts, as he nixed the suit for improper venue.
2D CIR. AFFIRMS S.D.N.Y. DECISION IN BARNES & NOBLE COPYRIGHT CASE,

CLOUD-BASED SERVICES QUESTIONS
URL: http://www.ipwatchdog.com/2016/10/20/2d-cir-affirms-barnes-noble-copyright-
case/id=73961/
In early October, the U.S. Court of Appeals for the Second Circuit (2d Cir.) handed down a
decision, which almost answered important questions about how cloud-based access to content
can affect copyright holders. At issue in the case, Cheryl Smith v. Barnesandnoble.com, LLC,
was Barnes & Noble's activities in providing samples of a text through the cloud to consumers
after a licensing agreement on that piece of text was terminated. The post 2d Cir. affirms
S.D.N.Y. decision in Barnes...
THE BEATLES MOVE TO DISMISS COPYRIGHT SUIT OVER FOOTAGE OF FAMOUS

CONCERT
URL: http://www.hollywoodreporter.com/thr-esq/beatles-move-dismiss-copyright-suit-940051
The heirs of concert promoter Sid Bernstein assert ownership over master tapes from The
Beatles' 1965 performance at Shea Stadium.
COPYRIGHT AND A 'STAIRWAY TO HEAVEN'

via Law.com - Newswire on 10/20/2016
URL: http://www.law.com/sites/articles/2016/10/19/copyright-and-a-stairway-to-heaven/
Rolling Stone magazine has posted transcripts of the direct and cross-examinations of Jimmy
Page, the guitarist for Led Zeppelin, in the copyright infringement lawsuit against the group and
its music publishing company by two members of the band Spirit who wrote and performed the
song "Taurus" back in the '60s.
- 609 -
Joshua L. Simmons
AFTER SETBACK, FCC CHAIRMAN KEEPS PUSHING SET-TOP BOX AND PRIVACY
RULES
URL: http://arstechnica.com/information-technology/2016/10/after-setback-fcc-chairman-keeps-
pushing-set-top-box-and-privacy-rules/
After a rare setback, Federal Communications Commission Chairman Tom Wheeler is still
pushing for votes on plans to reform the cable TV set-top box market and impose new privacy
rules on broadband providers.
COPYRIGHT INFRINGEMENT CLAIMS GET REDUCED IN BANKRUPTCY

via Bloomberg BNA by Diane Davis on 10/20/2016
URL: http://www.bna.com/copyright-infringement-claims-n57982078922/
The trustee argued that the publishers' claims should be disallowed because the debtor isn't the
entity that infringed on the publishers' copyrights.
RIMINI TAKES ORACLE COPYRIGHT FIGHT TO 9TH CIRC.

Rimini Street Inc. is heading to the Ninth Circuit to appeal Oracle USA Inc.'s $88 million jury
win against the software maintenance firm for copyright infringement.
BEATLES CO. CALLS CONCERT LAWSUIT 'UTTERLY FRIVOLOUS'

The Beatles' Apple Corps Ltd. is hitting back hard at a copyright lawsuit filed last month over
footage of the band's iconic 1965 concert at Shea Stadium, calling it "meritless" and "utterly
frivolous."
PHOTOGRAPHER, A FORMER REFUGEE, SUES TRUMP IN CHICAGO OVER SKITTLES

TWEET
via Chicago Tribune by Robert Channick on 10/20/2016
URL: http://www.chicagotribune.com/business/ct-trump-skittles-lawsuit-1021-biz-20161020-
story.html
David Kittos filed the copyright infringement suit this week in a Chicago federal court, naming
as defendants the Trump campaign, Republican ...
- 610 -
9TH CIRC. WON'T LET JESSIE J 'DOMINO' DECISION FALL

via Intellectual Property Law360 by Kelcee Griffis on 10/20/2016
A Ninth Circuit panel refused Wednesday to rehear a decision that cleared pop star Jessie J of an
indie musician's allegations that the singer and Universal Music Group stole an original melody
and used it to make the 2011 hit "Domino."
KEEPING SAMPLES IS NOT INFRINGEMENT, SAYS SECOND CIRCUIT

Cheryl Smith argued that this constituted direct copyright infringement, as the book was
accessed succeeding the agreement with Smashwords.
RE: 150 STATE CHAMBERS OF COMMERCE UNITE TO URGE CONGRESS TO

PROTECT INTELLECTUAL PROPERTY
URL: http://www.theglobalipcenter.com/re-150-state-chambers-of-commerce-unite-to-urge-
congress-to-protect-intellectual-property/
On behalf of the business community, we write to urge you to support our Nation's
entrepreneurs, businesses, and jobs through ensuring the effective protection of intellectual
property (IP) rights. America's IP - our patents, copyrights, trademarks, and trade secrets - has
been an engine of economic growth for our Nation, offering innovators and creators the promise
of a return on their investments of time and resources. In fact, IP-intensive industries employ
over 45 million Americans.
WARNER MUSIC GROUP SAYS STRIP CLUB INFRINGED COPYRIGHT

URL: http://www.worldipreview.com/news/warner-music-group-says-strip-club-infringed-
copyright-12438
Warner Music Group says strip club infringed copyright ... However, The Pony allegedly
continued to play copyrighted music owned by ASCAP's ...
- 611 -
Joshua L. Simmons
SKITTLES
via The Entertainment, Arts and Sports Law Blog by Barry Webin on 10/21/2016
URL: http://nysbar.com/blogs/EASL/2016/10/skittles.html
Well, just when we think things can't get much weirder, the photographer who took and owns the
copyright in the Skittles-in-a-bowl image that the Trump campaign used in a political
advertisement opposed to taking in Syria refugees that went viral, just sued Trump et al for
copyright infringement in the Northern District of Illinois.
MARIA PALLANTE OUT AS U.S. REGISTER OF COPYRIGHTS

via Yahoo on 10/21/2016
URL: http://sports.yahoo.com/news/maria-pallante-u-register-copyrights-001152521.html
Maria Pallante is out at the U.S. Register of Copyrights and is moving to a new post, a Friday
announcement that was met with surprise by trade ...
MARIA PALLANTE REMOVED AS US REGISTER OF COPYRIGHTS

URL: http://www.billboard.com/articles/business/7549978/maria-pallante-removed-us-register-
of-copyrights
The register of copyrights has limited power to set policy but often provides important guidance
to Congress, and Pallante was seen as being fair to ...
MARIA PALLANTE OUT AS CHIEF OF COPYRIGHT OFFICE: NEW CALLS FOR

UNIFIED US INTELLECTUAL PROPERTY OFFICE
URL: http://patentlyo.com/patent/2016/10/copyright-intellectual-property.html
In some interesting news - On Friday Oct 21st, Maria Pallante was apparently removed today
from her post as Register of Copyright within the Library of Congress and Karyn Temple
Claggett moved up as Acting Register.
HUSBAND-AND-WIFE FAWLTY TOWERS TRIBUTE ACT THREATENED BY JOHN

CLEESE WITH LEGAL ACTION
via Daily Mail by Shari Miller on 10/23/2016
URL: http://www.dailymail.co.uk/news/article-3864064/Husband-wife-Fawlty-Towers-tribute-
act-facing-personal-ruin-John-Cleese-threatens-legal-action-copyright-breach.html
... accused of breaching the popular BBC show's copyright, which belongs to actor John Cleese
and his ex-wife, actress and co-creator Connie Booth.
- 612 -
LAWSUIT FILED OVER 'GOLDEN GIRLS' PUPPET PARODY

via NYT > Theater by Joshua Barone & Andrew R. Chow on 10/23/2016
URL: http://www.nytimes.com/2016/10/24/theater/lawsuit-filed-over-golden-girls-puppet-
parody.html
The court documents don't exactly scream out, "Thank you for being a friend."
US ACTING REGISTER OF COPYRIGHTS ANNOUNCED AS PALLANTE TAKES NEW

ROLE
via Managing IP by Michael Loney on 10/23/2016
URL: http://www.managingip.com/Article/3595566/Managing-Copyright-Archive/US-acting-
register-of-copyrights-announced-as-Pallante-takes-new-role.html
Pallante Maria US Librarian of Congress Carla Hayden has announced the appointment of Maria
Pallante (right) as senior advisor for digital strategy ...
MURDER IN THE LIBRARY OF CONGRESS

URL: http://www.theregister.co.uk/2016/10/24/murder_in_the_library_of_congress/
The US Copyright Office has been given a brutal Silicon Valley-style sacking, the first time the
Copyright Register has been dismissed in 119 years.
COPYRIGHT'S ROLE IN THE INTERNET OF THINGS

via Intellectual Property Law360 by Lucy Wang & Spencer H. Wan on 10/24/2016
The internet-of-things revolution encompasses the emerging technological landscape of physical

objects that are embedded with software allowing for network interconnectivity. Because IoT
products can connect to other networked computers and devices, they have broad capabilities to
store, collect, transmit and analyze data, and can be directed to take action based upon such data.
For example, a software-embedded thermostat can gather data on your energy usage and
optimize temperature-regulation choices based on usage patterns. Moreover, the same device
could...
MCDONALD'S COPYRIGHT CONCERN WITH GRAFFITI RESTAURANTS

via IPLJ by Matt Popper on 10/24/2016
URL: http://www.fordhamiplj.org/2016/10/24/mcdonalds-copyright-concern-graffiti-restaurants/
McDonald's is at an important crossroads.
- 613 -
Joshua L. Simmons
FENWICK SUES HASBRO OVER MY LITTLE PONY APP

URL: http://www.law.com/sites/articles/2016/10/20/fenwick-sues-hasbro-over-my-little-pony-
app/
Partner Jennifer Kelly, a go-to gaming lawyer, is representing the maker of the popular puzzle
app Toy Blast in a copyright suit.
'LIVE NATION': STATUTORY DAMAGES AS OPTION FOR RECOVERY

via Law.com - Newswire by Robert J. Bernstein & Robert W. Clarida on 10/24/2016
URL: http://www.law.com/sites/articles/2016/10/21/live-nation-statutory-damages-as-option-for-
recovery/
Copyright Law columnists Robert J. Bernstein and Robert W. Clarida examine the law of
statutory damages, in light of the Ninth Circuit's decision in 'Friedman v. Live Nation
Merchandise', which considered, inter alia, two issues greatly affecting the amount of statutory
damages: willfulness, and the number of separate awards available for downstream
infringements.
SECOND CIRCUIT HOLDS NO COPYRIGHT INTEREST IN "WHO'S ON FIRST?",

REJECTING LOWER COURT'S "FAIR USE" REASONING
via JOLT Digest by Colette Ghazarian on 10/24/2016
URL: http://jolt.law.harvard.edu/digest/copyright/second-circuit-holds-no-copyright-interest-in-
whos-on-first-rejecting-lower-courts-fair-use-
reasoning?utm_source=rss&utm_medium=rss&utm_campaign=second-circuit-holds-no-
copyright-interest-in-whos-on-first-rejecting-lower-courts-fair-use-reasoning
The United States Court of Appeals for the Second Circuit affirmed the judgment but rejected
the reasoning of the district court, which dismissed allegations of copyright infringement.
HOW THE COPYRIGHT ACT OF 1976 LEFT COMIC ARTISTS, LIKE JACK KIRBY, AT
THE MERCY OF BIG STUDIOS
via NHPR by Devan Roehrig on 10/24/2016
URL: http://nhpr.org/post/how-copyright-act-1976-left-comic-artists-jack-kirby-mercy-big-
studios
In late August Marvel announced that it would be celebrating Kirby week: in honor of legendary
comic book artist Jack Kirby's 99th birthday. But Jack ...
- 614 -
MARIA PALLANTE FIRED AS REGISTER OF COPYRIGHTS IN POLICY POWER GRAB

URL: http://www.ipwatchdog.com/2016/10/24/maria-pallante-fired-register-
copyrights/id=74145/
In a fast moving story that developed late last week, Maria Pallante is now the former Register of
Copyrights. According to The Register, critics believe this was an attempt by certain well placed
tech giants in Silicon Valley to assert influence over U.S. government policy during the waning
days of the Obama Administration.
A CALIFORNIA CORPORATION SUES WASHINGTON CORPORATION OVER

ALLEGED COPYRIGHT INFRINGEMENT
URL: http://norcalrecord.com/stories/511033314-a-california-corporation-sues-washington-
corporation-over-alleged-copyright-infringement
A California corporation is suing Zumiez Inc. and Does 1-10, a Washington corporation, citing
alleged copyright infringement.
US COPYRIGHT DIRECTOR REASSIGNED TO SENIOR ADVISORY ROLE

A shakeup at the United States Copyright Office Friday resulted in its director being removed
from the top post and reassigned to a new role as senior adviser for digital strategy for the
Library of Congress, according to an announcement by the chief librarian.
WARNER BROS. SAYS TALENT AGENCY LEAKED 'CREED,' OTHER FILMS

Warner Bros. Entertainment Inc. accused a Hollywood talent agency of intercepting DVDs of
"Creed" and "In the Heart of the Sea" and making the films available to people who later pirated
them online, according to a suit filed Monday in California federal court.
- 615 -
Joshua L. Simmons
FILM PRODUCER FILES SUIT OVER ALLEGED COPYRIGHT INFRINGEMENT

via Northern California Record by Jenie Mallari-Torres on 10/24/2016
URL: http://norcalrecord.com/stories/511028380-film-producer-files-suit-over-alleged-
September Productions filed a complaint on Oct. 17, in the U.S. District Court for the Southern
District of California against DOE-68.15.25.20 alleging ...
WARNER BROS SUES TALENT AGENCY FOR COPYRIGHT INFRINGEMENT

URL: http://www.worldipreview.com/news/warner-bros-sues-talent-agency-for-copyright-
infringement-12451
Warner Bros Entertainment has sued Innovative Artists Talent and Literary Agency for
infringing its copyright and violating the Digital Millennium ...
WARNER BROS SUES TO PREVENT MOVIE LEAKS

Warner Bros has filed a lawsuit against talent agency Innovative Artists for alleged copyright
infringement in a bid to stop copies of its movies from ... U
WITH REGISTER PALLANTE OUT, WHAT NOW?

URL: http://illusionofmore.com/register-pallante-out-what-now/
Creators, copyright advocates, and many policymakers were taken aback by last Friday's
announcement that the new Librarian of Congress Dr. Carla Hayden removed Maria Pallante
from the position of Register of Copyrights. The decision was officially described as a
reassignment ...
EPISODE 6A: SYMPOSIUM - VIRAL VIDEOS PANEL

URL: http://www.fordhamiplj.org/2016/10/25/episode-6a-symposium-viral-videos-panel/
For the next two weeks, the Fordham IPLJ Podcast will feature the Fordham IPLJ Symposium,
divided into the opening presentation and three panels on various intellectual property topics.
- 616 -
MUSIC PUBLISHERS SCORE A LEGAL WIN OVER AN ONLINE MUSIC STORAGE

FIRM
URL: http://fortune.com/2016/10/25/music-industry-mp3tunes/
In a lawsuit filed in 2007, EMI Group contended the MP3tunes website and a related one called
Sideload.com enabled the infringement of copyrights ... U
US COURT RULES FOR MUSIC COMPANIES IN MP3TUNES COPYRIGHT CASE

URL: http://www.dailymail.co.uk/wires/reuters/article-3871818/U-S-court-rules-music-
companies-MP3tunes-copyright-case.html
"In the context of this case, all it takes to be a 'repeat infringer' is to repeatedly upload or
download copyrighted material for personal use," U.S. Circuit ...
TRUMP CAMPAIGN SUED IN CHICAGO OVER USE OF SKITTLES PHOTO

via Columbia Journal of Law and the Arts on 10/25/2016
URL: http://lawandarts.org/2016/10/25/trump-campaign-sued-in-chicago-over-use-of-skittles-
photo/
A British photographer has filed a copyright infringement suit against Donald Trump's campaign
in the Northern District of Illinois, after a controversial tweet from the son of the presidential
candidate utilized his photograph.
2ND CIRC. REVIVES $48M VERDICT AGAINST MP3TUNES FOUNDER

The Second Circuit weighed in Tuesday on the long-running legal battle over defunct music site
MP3Tunes, reviving a $48 million jury verdict against the service's founder with a precedential
ruling on the contours of the Digital Millennium Copyright Act's safe harbor.
CHAMBERS TO CONGRESS: STAND UP FOR INTELLECTUAL PROPERTY

URL: http://www.theglobalipcenter.com/chambers-to-congress-stand-up-for-intellectual-
property/
Hundreds of issues come across congressional desks each year; many of them inspire the heated
debates currently dominating the airwaves.
- 617 -
Joshua L. Simmons
WARNER BROS. SUES INNOVATIVE ARTISTS OVER SCREENER PIRACY

URL: http://www.hollywoodreporter.com/thr-esq/warner-bros-sues-innovative-artists-screener-
piracy-940922
Watermarks on the screeners traced pirated copies back to an Innovative Artists client, according
to the suit.
CONTENT INDUSTRY GETS FAVORED INTERPRETATION OF "REPEAT INFRINGERS"

IN MP3TUNES APPEAL
URL: http://www.hollywoodreporter.com/thr-esq/content-industry-gets-favored-interpretation-
repeat-infringers-mp3tunes-appeal-941019
MP3Tunes and its founder Michael Robertson can't escape a determination of owing tens of
millions of dollars to record labels and music publishers.
MARIA PALLANTE'S DEPARTURE FROM THE COPYRIGHT OFFICE: WHAT IT

MEANS AND WHY IT MATTERS
via Hollywood Reporter - THR, Esq. by Robert Levine on 10/25/2016
URL: http://www.hollywoodreporter.com/thr-esq/maria-pallantes-departure-copyright-office-
what-means-why-matters-941249
Pallante was moved out of her job as U.S. Register of Copyrights by Librarian of Congress Carla
Hayden on Friday.
LIBRARY OF CONGRESS APPOINTS REGISTER OF COPYRIGHTS

URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=5128#.WBYxy
8mbCoE
Library of Congress appoints register of copyrights ... of Congress (LoC) has appointed Karyn
Temple Claggett as the new acting register of copyright.
- 618 -
MARIA PALLANTE A 'TREMENDOUS LOSS' TO US COPYRIGHT OFFICE

URL: http://www.worldipreview.com/news/maria-pallante-a-tremendous-loss-to-us-copyright-
office-12455
Maria Pallante, the former head of the US Copyright Office, has not accepted her new role as
senior advisor at the US Library of Congress.
EXIT THROUGH THE GIFT SHOP? US COPYRIGHT CHIEF WAS ASSIGNED TO SHOP
TILL, TWEETING
URL:
http://www.theregister.co.uk/2016/10/26/exit_through_the_gift_shop_obamas_soros_librarian_a
ssigned_copyright_chief_to_tills_tweeting/
The Register of Copyrights, Maria Pallante, who reported to new Librarian of Congress Hayden,
was reassigned on Friday last week on the orders of ...
SECOND CIRCUIT KEEPS MP3TUNES SUIT ALIVE

URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=5132#.WBYyE
cmbCoE
EMI Group can pursue additional copyright infringement claims against MP3tunes.com, the US
Court of Appeals for the Second Circuit has ruled.
THINGS LOOK EVEN WORSE FOR MP3TUNES FOUNDER AFTER LOSS ON APPEAL
URL: http://arstechnica.com/tech-policy/2016/10/things-look-even-worse-for-mp3tunes-founder-
after-loss-on-appeal/
The website MP3tunes.com is long gone now, but a legal battle between the EMI record label
and MP3tunes founder Michael Robertson slogs on.
- 619 -
Joshua L. Simmons
TYLER THE CREATOR'S LATEST CAPSULE COLLECTION LOOKS FAMILIAR

URL: http://www.thefashionlaw.com/home/tyler-the-creators-latest-capsule-collection-looks-
familiar
As the legally-minded know, the threshold for originality is quite low under U.S. copyright law,
and thus, even arguably simple designs may be subject ...
BLIZZARD SAFEGUARDS THE COPYRIGHT OF WORLD OF WARCRAFT IN FIRST

INSTANCE
URL: http://www.lexology.com/library/detail.aspx?g=d4718f82-21cf-4a53-81a8-12bfeb94721c
Blizzard Entertainment Co., Ltd (hereinafter referred to as Blizzard Entertainment) jointly with
Shanghai EaseNet Network Technology Co., Ltd ...
"WORK FOR HIRE" WORKS FOR THIRD PARTIES IN COPYRIGHT DISPUTE

URL: http://www.lexology.com/library/detail.aspx?g=6dfaa81d-02f9-4086-ac72-ccd681864a77
Why it matters: Do third parties have standing to raise the "work for hire" defense in a copyright
ownership dispute? The Second Circuit says yes.
CIRCUIT REVIVES COPYRIGHT CASE AGAINST MP3TUNES, FOUNDER

via Law.com - Newswire by Mark Hamblett on 10/26/2016
URL: http://www.law.com/sites/articles/2016/10/25/circuit-revives-copyright-case-against-
mp3tunes-founder/
Record companies and music publishers will get more damages and a second shot at holding the
founder of MP3tunes liable for additional copyright infringement following a federal appeals
court decision Tuesday.
UNPRECEDENTED REMOVAL OF REGISTER OF COPYRIGHTS CAUSES

CONSTERNATION IN COPYRIGHT COMMUNITY
via The Entertainment, Arts and Sports Law Blog on 10/26/2016
URL: http://nysbar.com/blogs/EASL/2016/10/unprecedented_removal_of_regis.html
Maria Pallante, the Register of Copyrights and Director of the United States Copyright Office,
submitted her resignation today, after being abruptly removed and transferred from office last
Friday by Dr. Carla Hayden, the new Librarian of Congress, who was sworn in just weeks ago.
- 620 -
HOW WILL COURTS HANDLE A "POOR MAN'S COPYRIGHT"?

URL: http://blog.ericgoldman.org/archives/2016/10/how-will-courts-handle-a-poor-mans-
copyright.htm
I recently came across a complaint (in Vernon v. CBS) referencing a "poor man's copyright," and
I couldn't recall seeing the term in a legal filing or document before.
MARIA PALLANTE REFUSES DIGITAL STRATEGY JOB

via IP Pro The Internet by Mark Dugdale on 10/26/2016
US register of copyright Maria Pallante has declined to take up her new role as senior advisor for
digital strategy. Pallante resigned as the register of ...
ORACLE TAKES GOOGLE COPYRIGHT CASE TO FED. CIRC.

Oracle filed an appeal Wednesday of its defeat in an $8.8 billion copyright lawsuit against
Google, formally launching the next phase of their six-year battle over the Android operating
system.
RECORDING ACADEMY'S 'IN MY DISTRICT' CAMPAIGN SENDS 2000 CREATORS TO

315 CONGRESSIONAL OFFICES
via Billboard by Dan Rys on 10/26/2016
URL: http://www.billboard.com/articles/business/7556895/recording-academy-grammys-in-my-
district-campaign-2000-creators--315-offices
"Second is that the Copyright Office has done a music licensing study on the subject matter a
couple years ago and they've also confirmed most of ... U
EX-COPYRIGHT OFFICE DIRECTOR RESIGNS OVER REASSIGNMENT

The former head of the U.S. Copyright Office has refused to serve in her reassigned role as
senior adviser for digital strategy for the Library of Congress, opting to resign instead, library
officials said.
- 621 -
Joshua L. Simmons
ORACLE TAKES JAVA COPYRIGHT DISPUTE WITH GOOGLE TO APPEALS COURT

URL: http://www.itworld.com/article/3135762/software/oracle-takes-java-copyright-dispute-
with-google-to-appeals-court.html#tk.rss_news
Oracle has taken its bid for up to US$9 billion in damages to the U.S. Court of Appeals for the
Federal Circuit after a judge in a federal court in California recently struck down its bid for a
retrial in a copyright infringement suit against Google over the use of Java code in the Android
operating system.
TV BROADCASTS 'NOT' A COMMUNICATION TO THE PUBLIC

The Commercial Court in Vienna requested the preliminary ruling in a case that centres on a
collecting society for the management of copyright and ...
EPISODE 6B: SYMPOSIUM - COPY-RIGHT V. COPY-LEFT PANEL

URL: http://www.fordhamiplj.org/2016/10/27/episode-6b-symposium-copy-right-v-copy-left-
panel/
For the next two weeks, the Fordham IPLJ Podcast will feature the Fordham IPLJ Symposium,
divided into the opening presentation and three panels on various intellectual property topics.
SHOUT-OUT: JENNER & BLOCK HITS A HIGH NOTE IN APPELLATE COPYRIGHT

WIN
via Law.com - Newswire by Jenna Greene on 10/27/2016
URL: http://www.law.com/sites/articles/2016/10/26/shout-out-jenner-block-hits-a-high-note-in-
appellate-copyright-win/
A team from Jenner & Block delivered an appellate win worth millions to its record label clients
in a long-running copyright infringement suit against a pair of online music websites.
HBO CAN'T GET FEES AFTER $200M 'BALLERS' COPYRIGHT WIN

A California judge Thursday rebuffed Home Box Office Inc.'s play for $120,000 in attorneys'
fees in a quickly dismissed $200 million copyright infringement suit, saying the lawsuit two
- 622 -
screenwriters brought against the network over the TV show "Ballers" wasn't "a situation where
the claims didn't pass the laugh test."
IT'S OFFICIAL: ORACLE WILL APPEAL ITS "FAIR USE" LOSS AGAINST GOOGLE
URL: http://arstechnica.com/tech-policy/2016/10/its-official-oracle-will-appeal-its-fair-use-loss-
against-google/
The massive Oracle v. Google litigation has entered a new phase, as Oracle filed papers (PDF)
yesterday saying it will appeal its loss on "fair use" grounds to the US Court of Appeals for the
Federal Circuit.
US COPYRIGHT OFFICE IS IN TURMOIL AMID A FIRING AND LOBBYING

CONTROVERIES
URL: http://fortune.com/2016/10/27/copyright-office-pallante/
The government agency responsible for recording authors' rights has been riveted by intrigue as
U.S. Register of Copyrights Maria Pallante abruptly ...
YOU'VE GOTTA KEEP 'EM SEPARATED

via IP Pro The Internet by Laura Ganoza et al. on 10/27/2016
URL:
http://ipprotheinternet.com/specialistfeatures/specialistfeature.php?specialist_id=184#.WBY0Hs
mbCoE
Star Athletica argued that Varsity Brands did not have a valid copyright in the designs because
the designs were for non-copyrightable useful articles, ...
INFRINGEMENT OF COPYRIGHT WORRIES GOVERNMENT

via Daily Mail by Linda Nyondo on 10/27/2016
URL: https://www.daily-mail.co.zm/?p=84017
GOVERNMENT is concerned about the rampant abuse of intellectual property rights through
illegal reproduction and unfair exploitation of copyright ...
- 623 -
Joshua L. Simmons
CJEU: HARD BLOW FOR ITALIAN COPYRIGHT LEVIES SYSTEM AND THE ITALIAN
COLLECTING SOCIETY (SIAE)
via Lexology by Luigi Mansani et al. on 10/27/2016
URL: http://www.lexology.com/library/detail.aspx?g=2000a934-ccd8-4cd0-b18a-96807697ee26
This decision uncovered longstanding failings of the Italian rules on copyright levies, which
were found to be contrary to EU principles of fairness, ...
THREE ANGLES TO LOOK AT GOOGLE'S PIXEL PHONE: DESIGN PATENTS,

ANTITRUST, COPYRIGHT
URL: http://www.fosspatents.com/2016/10/three-angles-to-look-at-googles-pixel.html
I'll start with the design patents angle. You can also go directly to the antitrust and copyright
sections.
ORACLE TRIES FOR A RETRIAL

URL: http://www.lexology.com/library/detail.aspx?g=2000a934-ccd8-4cd0-b18a-96807697ee26
Oracle will appeal against the latest decision in its long running copyright dispute with Google
over its Java application interfaces (APIs). The software ...
SONGWRITERS GUILD OF AMERICA SEEKS ANSWERS ON DEPARTURE OF

REGISTER OF COPYRIGHTS MARIA PALLANTE
via Digital Journal on 10/28/2016
URL: http://www.digitaljournal.com/pr/3123143
"I am deeply concerned about the removal of Register of Copyrights Maria Pallante, and what
precisely may have led to her demotion and subsequent ...
STAR ATHLETICA V VARSITY BRANDS: SCOTUS MUST GET INTO 'NITTY GRITTY'
URL: http://www.worldipreview.com/news/star-athletica-v-varsity-brands-scotus-must-get-into-
nitty-gritty-12464
With the US Supreme Court due to hear oral arguments in the Star Athletica v Varsity Brands
copyright case on October 31, lawyers have told WIPR ...
- 624 -
EFF MANUFACTURING SCANDAL IN THE SERVICE OF GOOGLE

URL: http://illusionofmore.com/eff-manufacturing-scandal-in-the-service-of-google/
On October 25, four days after the unprecedented removal of the Register of Copyrights from her
office, the Electronic Frontier Foundation released a post on its Deeplinks Blog asserting rather
stridently that the Copyright Office never would have reviewed the ...
ELF ON THE SHELF' PUBLISHER SUES ONLINE SELLER OVER ALLEGED

URL: http://norcalrecord.com/stories/511036322-elf-on-the-shelf-publisher-sues-online-seller-
over-alleged-copyright-infringement
A manufacturer is suing Maureen McGee and Manus McGee, online seller, citing alleged
copyright infringement, trademark ...
CHANGE AT THE COPYRIGHT OFFICE

via Publishers Weely by Andrew Albanese on 10/28/2016
URL: http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/71885-change-at-
the-copyright-office.html
A month into her 10-year term, Librarian of Congress Carla Hayden is already making waves.
Last week, she removed Register of Copyrights Maria ...
CHEERLEADERS AT THE HIGH COURT: EVERYTHING YOU NEED TO KNOW

The U.S. Supreme Court will hear arguments Monday on whether the design of a cheerleader
uniform can be protected by copyright law, tangling with a legal situation that's been described
as "vexing" and "a mess."
FLASH DRIVE DESIGN MAY SUPPORT COPYRIGHT INFRINGEMENT CLAIM

via National Law Review by Sarah Bro on 10/29/2016
URL: http://www.natlawreview.com/article/flash-drive-design-may-support-copyright-
infringement-claim
Addressing claims of copyright infringement and misappropriation of trade secrets, the US Court
of Appeals for the Ninth Circuit affirmed in part and ...
- 625 -
Joshua L. Simmons
FEDERAL COPYRIGHT LAW DOES NOT PREEMPT TRADE SECRET CLAIM

via National Law Review by Ulrika E. Mattsson on 10/30/2016
URL: http://www.natlawreview.com/article/federal-copyright-law-does-not-preempt-trade-
secret-claim
Addressing issues of preemption, the US Court of Appeals for the Fifth Circuit affirmed the
district court's decision that federal copyright law did not ...
BOOST IN ONLINE PIRATED CD SALES DEAL ANOTHER BLOW TO MUSIC

INDUSTRY
URL: http://www.wsj.com/articles/boost-in-online-pirated-cd-sales-deal-another-blow-to-music-
industry-1477867243
Even in the digital era there are plenty of music fans who still buy old-fashioned compact discs
for more than $10 a pop. But the money that shoppers have been spending on CDs lately hasn't
necessarily been going to the artists and record labels who created the music.
PROVING WHAT A CHINA COPYRIGHT REGISTRATION COVERS

via China Law Blog by Matthew Dresden on 10/31/2016
URL: http://www.chinalawblog.com/2016/10/proving-what-a-china-copyright-registration-
covers.html
If you have registered a work that is typically identified by name (e.g., a movie, a song, or a
book), a copyright registration certificate may be sufficient ...
U.S. SUPREME COURT WANTS GOVERNMENT'S TAKE ON COPYRIGHT TAKEDOWN

CASE
URL: http://www.hollywoodreporter.com/thr-esq/us-supreme-court-wants-governments-take-
copyright-takedown-case-942425
The high court is considering whether to grant review of a dispute triggered when Universal
Music ordered the takedown of YouTube video showing a cute baby dancing to Prince's song.
EPISODE 7: HALLOWEEN COSTUMES

URL: http://www.fordhamiplj.org/2016/10/31/episode-7-halloween-costumes-2/
Is your Halloween costume violating a copyright or trademark?
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JUSTICES CONSIDER COPYRIGHT IN FASHION

URL: http://blogs.wsj.com/law/2016/10/31/justices-consider-copyright-in-fashion/
What is a cheerleader uniform? It may sound like a simple question. But in a case before the
Supreme Court on Monday, an inquiry into the nature of outfits worn by cheerleaders could have
big implications for copyright protection in the fashion industry. Star Athletica vs. Varsity
Brands offers justices a chance to help clarify [...]
GETTY DODGES COPYRIGHT CLAIMS OVER DONATED PHOTOS

A New York federal judge on Friday tossed out claims of copyright infringement from a lawsuit
accusing Getty Images Inc. of demanding licensing fees for images it doesn't control, but
allowed certain state law claims against the photo giant to survive.
COPYRIGHT ON A USEFUL ITEM

URL: http://patentlyo.com/patent/2016/10/copyright-useful-item.html
Today the Supreme Court heard oral arguments in the pending copyright case of Star Athletica v.
Varsity Brands. Although not a patent case, the issue involves the boundary line (if any) between
patent and copyright and the "useful article" exception.
IN A COPYRIGHT CASE, JUSTICES PONDER THE MEANING OF FASHION

via NYT > Media & Advertising by Adam Liptak on 10/31/2016
URL: http://www.nytimes.com/2016/11/01/us/politics/in-a-copyright-case-justices-ponder-the-
fashion-industry.html
The case before the Supreme Court concerns cheerleaders' uniforms, but the implications for the
world of fashion are vast.
SUPREME COURT CONSIDERS FASHION V. FUNCTION IN CHEERLEADING-

UNIFORM CASE
via WSJ by Brent Kendall on 10/31/2016
URL: http://www.wsj.com/articles/supreme-court-considers-fashion-v-function-in-cheerleading-
uniform-case-1477947612
Designs that are central to the useful functions of a garment can't form the basis for copyrights,
which are typically associated with original, artistic ...
- 627 -
Joshua L. Simmons
"GIMME A C!" (FOR COPYRIGHT): SUPREME COURT TO WEIGH CHEERLEADER...

via National Law Review by Jack B. Hicks on 10/31/2016
URL: http://www.natlawreview.com/article/gimme-c-copyright-supreme-court-to-weigh-
cheerleader-apparel-copyright-case
Are cheerleading outfits functional "useful items" that normally are ineligible for copyright
protection? Or do they contain distinct design elements that ...
JUSTICES WANT GOVERNMENT'S INPUT ON 'DANCING BABY' APPEAL

The U.S. Supreme Court asked the federal government Monday to weigh in on the so-called
dancing baby case over how copyright owners like Universal Music Group send takedown
notices to sites like YouTube.
BRUNO MARS HIT WITH INFRINGEMENT SUIT OVER 'UPTOWN FUNK'

A 1980s funk band accused pop star Bruno Mars and DJ Mark Ronson of almost directly
copying the bass line, guitar riff and other elements of one of the band's biggest hits with their
colossal single "Uptown Funk," according to a copyright suit filed in California federal court on
Friday.
CHEERLEADING COPYRIGHT CASE GOES BEFORE SUPREME COURT

URL: http://www.thefashionlaw.com/home/cheerleading-copyright-case-goes-before-supreme-
court
The much-anticipated copyright dispute over cheerleading uniforms went in front of the U.S.
Supreme Court on Monday for oral arguments, bringing ...
SUPREME COURT OFFERS LITTLE PEP TO CHEERLEADER UNIFORM DESIGNERS

URL: http://www.law.com/sites/almstaff/2016/10/31/supreme-court-offers-little-pep-to-
cheerleader-uniform-designers/
William Jay of Goodwin Procter. Photo: Diego M. Radzinschi/ALM Appellate courts have
wrestled for more than 20 years over where to draw the line...
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DIGITAL SINGLE MARKET MUST PROTECT THE RIGHTS OF ALL AUTHORS AND
PUBLISHERS
URL: http://mistercopyright.org/digital-single-market-must-protect-the-rights-of-all-authors-and-
publishers
In 2015, the European Commission unveiled a plan to "create a free and secure digital single
market" that would expand and standardize the EU's digital economy for the benefit of
consumers.
MCARTIST? DASH SNOW ESTATE DEFENDS ARTIST'S LEGACY IN COPYRIGHT

INFRINGEMENT SUIT AGAINST MCDONALD'S
URL: http://lawandarts.org/2016/11/01/mcartist-dash-snow-estate-defends-artists-legacy-in-
copyright-infringement-suit-against-mcdonalds/
Ongoing questions about the application of intellectual property protections to graffiti tags are
set to be discussed by the Central District of California, after a graffiti artist's estate sued
McDonald's for copyright infringement.
GIVE 'EM A ©! JUSTICES WEIGH CHEER OUTFIT COPYRIGHT CASE

The U.S. Supreme Court heard arguments Monday in a closely watched case over whether
cheerleading uniforms can be protected by copyrights, with the justices skirting the messy case
law that brought the issue before them and focusing instead on the potential real-world impact of
their decision.
IT'S FINALLY LEGAL TO HACK YOUR OWN DEVICES (EVEN YOUR CAR)
via Wired by Andy Greenberg on 10/31/2016
URL: https://www.wired.com/2016/10/hacking-car-pacemaker-toaster-just-became-legal/
"The Copyright Office has demonstrated that it understands our changed technological reality,
that in every aspect of consumers' lives, we rely on code ...
- 629 -
Joshua L. Simmons
MURDER (OR NOT) AT THE LIBRARY OF CONGRESS?

via Washington Post by David Post on 10/31/2016
URL: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/10/31/murder-or-not-
at-the-library-of-congress/
There's been quite a kerfuffle over at the U.S. Copyright Office with the announcement of the
resignation of Maria Pallante as register of copyrights.
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November 2016
CLOUDFLARE ORDERED TO IDENTIFY WEBSITE OWNERS IN COPYRIGHT SPAT

via ZDNet by Charlie Osborne on 11/1/2016
URL: http://www.zdnet.com/article/cloudflare-ordered-to-identify-website-owners-in-copyright-
spat/
The court says that Elsevier has provided "substantial" evidence that the websites in question
have infringed upon Elsevier's copyrighted works.
SCOTUS ASKS FOR GOVERNMENT INPUT ON 'DANCING BABY' CASE

URL: http://www.worldipreview.com/news/scotus-asks-for-government-input-on-dancing-baby-
case-12488
The US Supreme Court has asked the government to weigh in on the long-running saga of the
'Dancing baby' copyright dispute. On Monday, October ...
ENNIO MORRICONE SUES TO RECLAIM RIGHTS TO FILM SCORES

URL: http://www.hollywoodreporter.com/thr-esq/ennio-morricone-sues-reclaim-rights-film-
scores-942876
He wants a court to declare successful termination of a copyright grant against objections that
three of his scores were created as works-made-for-hire.
CHEERLEADING CASE AT SCOTUS HAS HIGH STAKES FOR IN-HOUSE IP COUNSEL

via Law.com - Newswire by Jennifer Williams-Alvarez on 11/1/2016
URL: http://www.law.com/sites/articles/2016/10/28/cheerleading-case-at-scotus-has-high-
stakes-for-in-house-ip-counsel/
The U.S. Supreme Court is about the delve into a dispute over cheerleading uniforms that could
clarify a huge question in the fashion industry: When is an article of clothing or accessory
eligible for copyright protection?
WARNER BROS. WINS 8TH CIRC. RULING ON 'WIZARD OF OZ' MERCH

The Eighth Circuit on Tuesday again sided with Warner Bros. in a decade-long copyright and
trademark fight over unauthorized "Wizard Of Oz" and "Gone With The Wind" merchandise.
- 631 -
Joshua L. Simmons
THE SUPREME COURT TACKLES FASHION, COPYRIGHTS, AND SLIMMING STRIPES

URL: http://blogs.findlaw.com/supreme_court/2016/11/the-supreme-court-tackles-fashion-
copyrights-and-slimming-stripes.html
If you want to look thinner, try stripes, Court watchers learned yesterday. For extra slimming,
look for clothes with "waist-narrowing V's." No, the justices weren't advising Alito on the best
way to wear a black robe. They were hearing oral arguments in a dispute over copyright
protection for cheerleader......
IT'S NOW (TEMPORARILY) LEGAL TO HACK YOUR OWN CAR

via IEEE Spectrum by Evan Ackerman on 11/1/2016
URL: http://spectrum.ieee.org/cars-that-think/transportation/systems/its-now-temporarily-legal-
to-hack-your-own-car
A year ago, the U.S. Copyright Office agreed that people should be able to modify the software
that runs cars that they own, and as of last Friday, that ...
APPEALS COURT UPHOLDS WARNER BROS.' LEGAL VICTORY OVER 'GONE WITH
THE WIND' MERCHANDISE
URL: http://www.hollywoodreporter.com/thr-esq/appeals-court-upholds-warner-bros-legal-
victory-gone-wind-merchandise-943025
A $2.57 million judgment and permanent injunction is affirmed.
SECOND CIRCUIT FINDS USE OF "WHO'S ON FIRST" ROUTINE...

via National Law Review by Alexander Kaplan on 11/1/2016
URL: http://www.natlawreview.com/article/second-circuit-finds-use-who-s-first-routine-not-
transformative-and-not-fair-use
While transformative use is one consideration within the first of four factors applied to determine
whether a use of a copyrighted work is "fair" and thus ...
YOUTUBE AGREES TO PAY ROYALTIES, ENDING GERMAN MUSIC DISPUTE

via N.Y. Times by Melissa Eddy on 11/1/2016
URL: http://www.nytimes.com/2016/11/02/business/international/germany-music-royalties-
youtube.html
The resolution comes with European officials revamping the region's copyright rules to give
more power to music labels, publishers and other content ...
- 632 -
BMI NAMES US RESTAURANT IN COPYRIGHT INFRINGEMENT SUIT

URL: http://www.worldipreview.com/news/bmi-names-us-restaurant-in-copyright-infringement-
suit-12495
US-based performing rights organisation BMI has targeted a restaurant based in Georgia in a
copyright infringement claim. BMI filed its lawsuit against ...
TRUMP TARGETED IN COPYRIGHT INFRINGEMENT ACTION OVER SKITTLES

TWEET FILED BY FORMER REFUGEE PHOTOGRAPHER
URL: http://www.ipwatchdog.com/2016/11/02/trump-copyright-infringement-skittles-
tweet/id=74343/
Trump, no stranger to lawsuits himself, can now count U.S. district courts as the latest venue
where his position could be on the decline. A suit filed in the U.S. District Court for the Northern
District of Illinois (N.D. Ill.) lists Trump, his son Donald Trump Jr., Mike Pence and a series of
10 Does as defendants in a copyright infringement action. At the center of the lawsuit is a picture
of a bowl of Skittles, which was used for a now-infamous metaphor for the Syrian refugee crisis.
The...
YOUTUBE AND GEMA END WAR OF MUSICAL WORKS

URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=5146#.WB-
_ScmbCoE
GEMA artists will receive remuneration from YouTube for their copyrighted musical works after
the signing of a new agreement. The licensing ...
THE BEATLES' APPLE CORPS CAN'T WORK IT OUT WITH SID BERNSTEIN IN
COPYRIGHT LAWSUIT
URL: http://lawandarts.org/2016/11/02/the-beatles-apple-corps-cant-work-it-out-with-sid-
bernstein-in-copyright-lawsuit/
A federal case filed in September pits The Beatles' Apple Corps LTD against The Beatles' late
promoter over the copyright ownership of concert footage from the band's famous performance
at Shea Stadium in 1965.
- 633 -
Joshua L. Simmons
WHY THE DMCA NEEDS TO BE MODERNIZED

via Law.com by Viroopax Mirji & Sunil Gregory on 11/2/2016
URL: http://www.law.com/sites/articles/2016/11/02/why-the-dmca-needs-to-be-modernized/
It has been 18 years since the Digital Millennium Copyright Act (DMCA) was signed into law .
It became effective in October 2000, and it has been ...
A COPYRIGHT COUP IN WASHINGTON

via WSJ on 11/2/2016
URL: http://www.wsj.com/articles/a-copyright-coup-in-washington-1478127088
Maria Pallante served for more than five years as the U.S. register of copyrights, a division of the
Library of Congress. Two weeks ago Ms. Pallante ...
UNIVISION BEATS COPYRIGHT SUIT OVER DANNY TREJO FILMS

A Utah federal judge on Wednesday tossed a suit lodged by a filmmaker accusing Univision and
its El Rey Network of ripping off his 2006 indie film by broadcasting the 2010 Danny Trejo film
"Machete," saying the films' similar plot lines and same lead actor don't warrant protection.
FACEBOOK IS CRACKING DOWN ON GROUPS SHARING PIRATED MUSIC

via Business Insider by Rob Price on 11/3/2016
URL: http://www.businessinsider.com/facebook-deletes-groups-sharing-pirated-music-brein-
copyright-complaint-2016-11
Although it doesn't like to admit it, Facebook sometimes plays host to some unsavoury or illegal
activities. From gun sales to drug dealing, people are ...
WARNER BROS SECURES $2.6M 'WIZARD OF OZ' COPYRIGHT VICTORY

URL: http://www.worldipreview.com/news/warner-bros-secures-2-6m-wizard-of-oz-copyright-
victory-12500
US entertainment company Warner Bros has secured a $2.6 million victory after a decade-long
dispute over copyright in images from the films "Gone ...
- 634 -
JERSEY BOYS' TRIAL STARTS WITH WAR OVER WORDS

via Courthouse News Service by Kent Lauer on 11/3/2016
URL: http://www.courthousenews.com/2016/11/02/jersey-boys-trial-starts-with-war-over-
words.htm
That success, he said, can be traced to an unpublished book at the heart of the copyright dispute
that provided a "eureka" moment for the musical's ...
MICROSOFT WINS $250000 IN COPYRIGHT DISPUTE

URL: http://www.courthousenews.com/2016/11/02/jersey-boys-trial-starts-with-war-over-
words.htm
Microsoft Australia has received a $250,000 out of court settlement over a copyright
infringement dispute with an online PC store. PC Case Gear ...
DIGITAL MILLENNIUM COPYRIGHT ACT : NEW DMCA SAFE HARBOR COPYRIGHT

AGENT REQUIREMENTS FOR ...
via National Law Review by Mark H. Wittow & Trevor M. Gates on 11/3/2016
URL: http://www.natlawreview.com/article/digital-millennium-copyright-act-new-dmca-safe-
harbor-copyright-agent-requirements
Section 512(c) of the Digital Millennium Copyright Act (DMCA) provides limitations on service
provider liability for storage at the direction of a user ...
ZARA SLAPPED WITH COPYRIGHT INFRINGEMENT LAWSUIT

via The Fashion Law by Nicole Malick on 11/3/2016
URL: http://www.thefashionlaw.com/home/zara-slapped-with-copyright-infringement-lawsuit
Fast fashion darling Zara has been hit with yet another lawsuit, this time over copyright
infringement allegations. Plaintiff Nuance Industries, Inc.
FASTER, CHEAPER DESIGNATION OF AGENTS TO ACCEPT DMCA TAKE-DOWN

NOTICES
via National Law Review by Mitchell A. Tuchman on 11/3/2016
URL: http://www.natlawreview.com/article/faster-cheaper-designation-agents-to-accept-dmca-
take-down-notices
The DMCA mandated that the Copyright Office establish a registry of designated agents for
service of take-down notices. The initial system now ...
- 635 -
Joshua L. Simmons
COPYING BUILDING PLANS - COST SAVINGS...OR COSTLY MISTAKE?

via Lexology by Adrian Clifford & Alana Long on 11/3/2016
URL: http://www.lexology.com/library/detail.aspx?g=509c1890-0194-47f8-9009-e9a58a7ef2e2
A recent Federal Court decision1 serves as a reminder that copying building plans can be an
infringement of copyright, which may attract significant ...
US INDUSTRY BODIES URGE GOV'T TO SUPPORT EU DIGITAL COPYRIGHT

REFORMS
URL: http://www.billboard.com/articles/news/7565576/us-industry-bodies-govt-support-eu-
digital-copyright
"We write to ask that our government support the interests of its creative music community by
supporting Article 13 of the Copyright Directive recently ...
US MUSIC ORGANISATIONS ASKS GOVERNMENT TO SUPPORT EU COPYRIGHT

REFORM PROPOSALS
URL: http://www.worldipreview.com/news/us-music-organisations-asks-government-to-support-
eu-copyright-reform-proposals-12512
In its statement, the commission set out proposals on the modernisation of copyright to increase
cultural diversity in Europe and content available ...
FIVE SUPREME COURT TAKEAWAYS ON CHEERLEADER UNIFORMS, LACHES FOR

PATENTS
URL: http://www.law.com/sites/articles/2016/11/03/five-supreme-court-takeaways-on-
cheerleader-uniforms-laches-for-patents/
The justices at times seemed disinterested in this week's hearings on intellectual property.
RIMINI SAYS JUDGE MUST NOT BE REASSIGNED TO ORACLE SUIT

Rimini Street Inc. is pushing to keep a magistrate judge recused from Oracle's copyright
infringement lawsuit against the company, saying the tech giant's recent effort to bring her back
would improperly override her decision to step aside.
- 636 -
THE LAST TIME THE CUBS WON ... THERE WAS PLENTY OF IP AROUND
URL: http://www.bna.com/last-time-cubs-b57982082366/
Or even just the internet. That year, the high court considered music rolls for use in player
pianos, ruling that they didn't infringe the copyright interests ...
HOW LOOK-A-LIKE GOODS HURT REAL FASHION BRANDS PRADA, DIOR AND
LOUIS VUITTON
via The Armidale Express by Lucy Cormack on 11/5/2016
URL: http://www.armidaleexpress.com.au/story/4274142/how-look-a-like-goods-hurt-real-
fashion-brands-prada-dior-and-louis-vuitton/?cs=7
"Under Australian copyright law you have copyright of a drawing, so if you design a dress, you
have copyright. As soon as you produce the dress, ...
CLINTON V. TRUMP ON COPYRIGHTS AND PATENTS: READING THE PLATFORM

AND THE TEA LEAVES
URL: http://arstechnica.com/tech-policy/2016/11/clinton-v-trump-on-copyrights-and-patents-
reading-the-platform-and-the-tea-leaves/
The hot-button issues this election can be counted on one's fingers-and for most voters, things
like copyright and patent policy don't make the list.
AUSTRALIAN INTELLECTUAL PROPERTY LAWS WON'T BE CHANGED FOR TPP:

GOVERNMENT
URL: http://www.zdnet.com/article/australian-intellectual-property-laws-wont-be-changed-for-
tpp-government/
The government's final public hearing on the TPP, which took place on Monday morning in
Canberra, touched only briefly on the topic of copyright and ...
TRADE GROUPS HAVE THEIR HEADS IN THE CLOUDFLARE

He said the associations "list foreign websites suspected of illegally distributing copyrighted
content and [attempt] to lump Cloudflare in with these ...
- 637 -
Joshua L. Simmons
FASTER, CHEAPER DESIGNATION OF AGENTS TO ACCEPT DMCA TAKE-DOWN

NOTICES
via IPWatchdog.com | Patents & Patent Law by Mitchell Tuchman on 11/6/2016
URL: http://www.ipwatchdog.com/2016/11/07/faster-cheaper-designation-agents-accept-dmca-
take-down-notices/id=74402/
The DMCA mandated that the Copyright Office establish a registry of designated agents for
service of take-down notices. The initial system now appears to have been primitive. ...
Beginning December 1, 2016, service providers will be able to submit and update the names and
contact information for their designated agents for receipt of take-down notices using a new
electronic system. What is more, the fee charged for a paper filing, $105, will be reduced to just
$6 for an electronic filing,...
MUSIC INDUSTRY ASKS US TO SUPPORT EU COPYRIGHT REFORM

Music industry associations have penned a letter to the US ambassador to the EU, Anthony
Gardner, asking that the government support Article 13 of ...
TACKLING PIRACY IN AUSTRALIA: VILLAGE ROADSHOW'S NEW AND

INNOVATIVE STRATEGY
URL: http://hughstephensblog.net/2016/11/07/tackling-piracy-in-australia-village-roadshows-
new-and-innovative-strategy
In a blockbuster speech delivered on October 10 to the Australian International Movie

Convention meeting in Gold Coast, Queensland, Graham Burke, Co-Executive Chairman and
Co-CEO of Australia's largest entertainment company, Village Roadshow, took aim at the high
rate of film piracy among Australian consumers and declared war on illegal downloading and
streaming.
THE COPYRIGHT LAW BEHIND A $600M STARTUP AND MILLENNIALS' FAVORITE

FORM OF EXPRESSION
URL: http://fortune.com/2016/11/07/giphy-gifs-copyright/
The good news for GIF-loving millennials is that many of the clips may be protected from
copyright claims by "fair use" law. But this has yet to be tested ...
- 638 -
BLIND MELON HIT WITH COUNTERSUIT IN "INSANE" COPYRIGHT DISPUTE

URL: http://www.hollywoodreporter.com/thr-esq/blind-melon-hit-countersuit-insane-copyright-
dispute-944672
The band is allegedly breaching an agreement to license "No Rain."
WHAT TO DO IF YOU GET A THREATENING COPYRIGHT NOTICE

via Vice by Mack Lamoureux on 11/7/2016
URL: http://www.vice.com/en_ca/read/what-to-do-if-you-get-a-threatening-copyright-notice
We all have, downloading something illegally is almost a rite of passage in this day and age (at
least until you discover a decent streaming site.) ...
WITH CHANGE AT THE TOP OF COPYRIGHT OFFICE, A BATTLE BREWS OVER FREE
CONTENT
via The Washington Post by Peggy McGlone on 11/7/2016
URL: https://www.washingtonpost.com/entertainment/music/with-change-at-the-top-of-
copyright-office-a-battle-brews-over-free-content/2016/11/07/a8c0b140-a4ea-11e6-8042-
f4d111c862d1_story.html
"Technology makes everybody both, so libraries represent and respect both. That's why we buy
$4 billion a year of copyrighted material. Libraries are ...
GOOGLE 'TAKING OVER THE WORLD': FREE CONTENT FIGHT BREWS WITH
CHANGE AT COPYRIGHT OFFICE
via Chicago Tribune by Peggy McGlone on 11/7/2016
URL: http://www.chicagotribune.com/entertainment/ct-google-copyright-office-free-content-
20161107-story.html
"This is a major affront to copyright," said songwriter and music publisher Dean Kay. "Google
seems to be taking over the world - and politics .
ARTIST LIED UNDER OATH IN 'KUNG FU PANDA' IP SUIT, FEDS SAY

via Intellectual Property Law360 by Brian Amaral on 11/7/2016
A Massachusetts man committed fraud and perjury when he accused DreamWorks of ripping off
his drawings for the movie "Kung Fu Panda" in a copyright suit, federal prosecutors told a jury
in Boston on Monday.
- 639 -
Joshua L. Simmons
COX TELLS 4TH CIRC. DMCA CASE IS 'UNPRECEDENTED'

Cox Communications fired the opening shots Monday in a closely watched appeal of a ruling
that revoked the company's immunity under the Digital Millennium Copyright Act because of
music piracy by its subscribers, calling the case "unprecedented."
MCDONALD'S GRAFFITI DECOR IS TARGETED IN COPYRIGHT SUIT FILED BY

ESTATE OF NYC-BASED STREET ARTIST
URL: http://www.ipwatchdog.com/2016/11/08/mcdonalds-graffiti-decor-targeted-copyright-suit-
street-artist/id=74498/
McDonald's choice to go with a pre-treated graffiti look in some of its restaurants has posed legal
challenges along with consumer concerns. On October 3rd, McDonald's was listed as a defendant
in a copyright infringement action filed by Jade Berreau, the administrator of the estate of graffiti
artist Dashiell Snow, a former girlfriend of Snow and the mother of his only child. Berreau
alleges that graffiti decor used by McDonald's in the interior of hundreds of its restaurants
around the world...
PHOTOGRAPHER CLAIMS COPYRIGHTED PHOTO WAS UPLOADED TO YOUTUBE

WITHOUT PERMISSION
URL: http://norcalrecord.com/stories/511038834-photographer-claims-copyrighted-photo-was-
uploaded-to-youtube-without-permission
... District Court for the Central District of California, Western Division against YouTube LLC,
Google Inc. and Does 1-5 alleging copyright infringement.
2ND CIRC. 'EVISCERATED' DMCA SAFE HARBOR: MP3TUNES BOSS

The founder of music site MP3Tunes is warning the full Second Circuit that a panel ruling
against him last month will "eviscerate" the Digital Millennium Copyright Act's safe harbor if
upheld.
- 640 -
COPYRIGHT CRIMEFIGHTERS FACT CHANGE TACK AFTER HOLLYWOOD CALLS

THE TERMINATOR
URL: http://www.theregister.co.uk/2016/11/09/fact_relaunch/
The Federation Against Copyright Theft has been fighting TV and movie piracy on behalf of big
audiovisual operations like Hollywood Studios and Sky ...
A LOOK AT ATTY FEE AWARDS IN POST-KIRTSAENG COPYRIGHT CASES

via Intellectual Property Law360 by James E. Griffith on 11/9/2016
Earlier this year, in Kirtsaeng v. John Wiley & Sons Inc., the U.S. Supreme Court clarified the
circumstances under which it is appropriate for a court to award a reasonable attorneys' fee to a
prevailing party in a copyright infringement case under 17 U.S.C. § 505.[1] Prior to Kirtsaeng,
the various circuits had developed divergent approaches, resulting in the risk of forum shopping.
In the several months since the Supreme Court's decision, several courts have weighed in and
copyright litigants now have a clearer sense of...
DIGITAL SINGLE MARKET MUST PROTECT THE RIGHTS OF ALL AUTHORS AND
PUBLISHERS
URL: http://cpip.gmu.edu/2016/11/09/digital-single-market-must-protect-the-rights-of-all-
authors-and-publishers/
In 2015, the European Commission unveiled a plan to "create a free and secure digital single
market" that would expand and standardize the EU's digital economy for the benefit of
consumers.
MUSIC ROYALTY SPAT BELONGS IN CRB, DC CIRC. JUDGE SUGGESTS

via Intellectual Property Law360 by Jimmy Hoover on 11/9/2016
A D.C. Circuit judge Wednesday repeatedly questioned why a copyright-enforcer and major
satellite TV music company have litigated their music royalty rate dispute in a federal court
rather than the Copyright Royalty Board, dominating a hearing with suggestions that the appeals
court lacks jurisdiction over the case.
- 641 -
Joshua L. Simmons
'FAIR DEALING' IN A DIGITAL WORLD

URL: http://www.thefashionlaw.com/home/fair-dealing-in-a-digital-world
Fair dealing is, in essence, a defense to copyright infringement. It allows you to copy part of a
(usually already published) third party copyright work ...
WITH CHANGE AT THE TOP OF COPYRIGHT OFFICE, A BATTLE BREWS OVER FREE
CONTENT
via Los Angeles Times by Peggy McGlone on 11/9/2016
URL: http://www.latimes.com/business/la-fi-copyright-office-20161109-story.html
Musical artists are reacting with outrage at the dismissal of the head of the U.S. Copyright
Office, calling the move an aggressive attack that is part of a ...
RIMINI STREET CAN'T PAUSE INJUNCTION IN ORACLE COPYRIGHT SUIT

A Nevada federal judge on Wednesday denied a bid by Rimini Street for the court to pause a
permanent order that it not infringe Oracle's copyrighted programs as it challenges the matter
before the Ninth Circuit in a $123.9 million case.
A TRIBUTE TO AN OUTSTANDING REGISTER OF COPYRIGHTS

via The HIll by Howard Berman on 11/9/2016
URL: https://origin-nyi.thehill.com/opinion/op-ed/305335-a-tribute-to-an-outstanding-register-
of-copyrights
Dr. Carla Hayden, the newly installed Librarian of Congress, removed Maria Pallante from the
position of Register of Copyrights on Friday, Oct. 21.
MICROSOFT FILES COPYRIGHT AND TM CLAIM AGAINST FLORIDA BUSINESS

URL: http://www.worldipreview.com/news/microsoft-files-copyright-and-tm-claim-against-
florida-business-12540
According to the claim, Tech HQ does business as Live Tech and as mylive-tech.com, where it
copies and distributes software, including Microsoft ...
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TWENTIETH CENTURY FOX AND WARNER BROS TARGET 'PIRATES' IN LAWSUIT

URL: http://www.worldipreview.com/news/twentieth-century-fox-and-warner-bros-target-
pirates-in-lawsuit-12547
... and Warner Bros Home Entertainment have sued some alleged pirates in the US who have
infringed their copyright by selling unauthorised copies ...
DON HENLEY SLAMS US COPYRIGHT OFFICE OVER REGISTER MARIA PALLANTE'S

EXIT
URL: http://www.billboard.com/articles/business/7573354/don-henley-us-copyright-office-
register-maria-pallante-exit
In October, U.S. Register of Copyrights Maria Pallante was suddenly removed from her position
by new Librarian of Congress Carla Hayden, a move ...
COPYRIGHT OFFICE PROMULGATES NEW REGULATIONS FOR DESIGNATION OF

REGISTERED AGENT UNDER DIGITAL ...
via National Law Review by Jeff C. Dodd on 11/10/2016
URL: http://www.natlawreview.com/article/copyright-office-promulgates-new-regulations-
designation-registered-agent-under
The Copyright Office published in the Federal Register new regulations for designating a
registered agent under the Digital Millennium Copyright Act ...
LIBRARIES CAN LEND E-BOOKS, SAYS EU TOP COURT

The Court of Justice ruled Thursday that European Union copyright law must be interpreted to
include the right to lend electronic books included in a library's own collection, according to an
opinion and a press release issued by the court.
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Joshua L. Simmons
COX ASKS APPELLATE COURT TO THROW OUT $25 MILLION COPYRIGHT

INFRINGEMENT AWARD
URL: http://www.mediapost.com/publications/article/288841/cox-asks-appellate-court-to-throw-
out-25-million.html
"Rightscorp typically sent the notices without verifying actual transmissions of copyrighted
material from Cox users -- which is why it would, for example ...
CLAIMS AGAINST CLOUD STORAGE SERVICE HINGE ON GRANT OF RIGHTS

CLAUSE
via National Law Review by Jeffrey D. Neuburger on 11/10/2016
URL: http://www.natlawreview.com/article/claims-against-cloud-storage-service-hinge-grant-
rights-clause
In a dispute that touches on the intersection of copyright, contract law and cloud technology, the
Second Circuit affirmed the dismissal of copyright ...
COURT FINDS UNAUTHORISED USE OF JELLY WRESTLING CRYSTAL PHOTOS

'FLAGRANT' COPYRIGHT INFRINGEMENT
via Courtier Mail by Kay Dibben on 11/10/2016
URL: http://www.couriermail.com.au/news/queensland/crime-and-justice/court-finds-
unauthorised-use-of-jelly-wrestling-crystal-photos-flagrant-copyright-infringement/news-
story/fbeba7af5ae573056f5ed63f014cf1c6
TWO brothers who have built a successful business selling jelly wrestling crystals have won a
copyright infringement case over a competitor's use of ...
ADOBE FILES IP INFRINGEMENT LAWSUIT AGAINST US INDIVIDUALS

URL: http://www.worldipreview.com/news/adobe-files-ip-infringement-lawsuit-against-us-
individuals-12550
The suit said that the defendants infringed and diluted the company's trademarks, assigned a false
designation of origin, infringed copyright, and ...
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APPEAL BACKS FOOTBALL PREMIER LEAGUE IN BROADCAST COPYRIGHT ROW

via Law Society Gazette by Max Walters on 11/11/2016
URL: https://www.lawgazette.co.uk/law/appeal-backs-football-premier-league-in-broadcast-
copyright-row/5058724.article
The Court of Appeal has upheld a decision to fine a pub landlord for breaching the Football
Assocaition Premier League's copyright by showing ...
INTERNET PIRATES WALK A FINE LINE IN GERMANY

via DW on 11/11/2016
URL: http://www.dw.com/en/internet-pirates-walk-a-fine-line-in-germany/a-36364095
Things seem to work completely differently in Germany, where breaking copyright law can carry
a sentence of up to three years in jail, alongside a ...
HOW PRESIDENT TRUMP COULD BE A BOON FOR THE MUSIC INDUSTRY

via Tennessean by Nate Rau on 11/11/2016
URL: http://www.tennessean.com/story/money/2016/11/11/how-president-trump-could-boon-
music-industry/93558638/
Reforming the country's antiquated music copyright laws was a non-issue during the campaign,
but there is now new hope that President-elect Donald ...
MPAA-BACKED TRANS-PACIFIC PARTNERSHIP ACCORD DEAD IN WAKE OF

TRUMP WIN
URL: http://arstechnica.com/tech-policy/2016/11/mpaa-backed-trans-pacific-partnership-accord-
dead-in-wake-of-trump-win/
The Trans-Pacific Partnership, a proposed and controversial 12-nation trade pact dealing with
everything from intellectual property to human rights, effectively died Friday.
'THE INTERNET POSES SEVERE CHALLENGE TO COPYRIGHTS'

URL: http://timesofindia.indiatimes.com/city/trichy/The-internet-poses-severe-challenge-to-
copyrights/articleshow/55396053.cms
Trichy: The new age challenges posed by the internet on copyrights is much more severe than on
any other form of intellectual property rights, said V ...
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Joshua L. Simmons
LINKEDIN FILES SUIT TO STOP BOTS FROM DATA SCRAPING ITS SITE
via IPWatchdog.com | Patents & Patent Law by John M. Rogitz on 11/13/2016
URL: http://www.ipwatchdog.com/2016/11/13/ready-to-use-linkedin-files-suit-to-stop-bots-
from-data-scraping-its-site/id=74637/
LinkedIn recently filed suit in the Northern District of California against Doe Defendants for
allegedly "scraping" data about its users from its website through fake profiles and software bots.
LinkedIn alleges that the data scraping that was performed using fake profiles and bots was in
violation of its user agreement, the Computer Fraud and Abuse Act, and the Digital Millennium
Copyright Act, among other things. The post LinkedIn files suit to stop bots from data scraping
its site appeared...
THE EU DIGITAL SINGLE MARKET AND PUBLISHER'S RIGHTS: PROTECTING THE

PUBLIC INTEREST
URL: http://hughstephensblog.net/2016/11/14/the-eu-digital-single-market-and-publishers-
rights-protecting-the-public-interest
Freedom of the press is one of the pillars of our democracy; investigative journalism keeps the
system honest.
COPYRIGHT OFFICE CHIEF'S DISMISSAL SENDS BAD SIGNAL

via Heritage by Alden Abbott on 11/13/2016
URL: http://www.heritage.org/research/commentary/2016/11/copyright-office-chiefs-dismissal-
sends-bad-signal-to-creatives
Copyright Office Chief's Dismissal Sends Bad Signal to Creatives. By Alden Abbott ... It was the
first firing of a Register of Copyrights in 119 years.
US DOJ APPEALS AGAINST FRACTIONAL LICENSING RULING

URL: http://www.worldipreview.com/news/us-doj-appeals-against-fractional-licensing-ruling-
12556
... numerous publishers and members of the music community, members of Congress, a US
governor, the US Copyright Office and, in Judge Stanton, ...
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HASBRO FACES COPYRIGHT INFRINGEMENT CLAIM OVER MY LITTLE PONY

GAMING APP
URL: http://www.ipwatchdog.com/2016/11/14/hasbro-faces-copyright-infringement-my-little-
pony/id=74565/
Unfortunately for Hasbro, not all of its activities in the mobile gaming business have been
completely original, leaving the game developer open to legal challenges. In late October, it was
reported that Hasbro was named as a defendant in a copyright infringement action filed by
Turkey-based gaming developer Peak Games in the San Francisco courthouse of the U.S.
District Court for the Northern District of California (N.D. Cal.). At the center of Peak Games'
complaint is Hasbro's My Little Pony:...
US COMPANY RIPS INTO H&M IN COPYRIGHT INFRINGEMENT SUIT

URL: http://www.worldipreview.com/news/us-company-rips-into-h-m-in-copyright-
infringement-suit-12557
A US-based company has named multinational clothing retailer H&M in a copyright

infringement lawsuit. Urban Textiles filed its claim at the US District ...
IP PROTECTION FOR BROADCASTERS, COPYRIGHT LIMITATIONS AND

EXCEPTIONS THIS WEEK AT WIPO
URL: http://www.ip-watch.org/2016/11/14/protection-broadcasters-copyright-limitations-
exceptions-week-wipo/
World Intellectual Property Organization members this week are expected to move toward
common ground on a treaty protecting broadcasters against piracy. Some members are showing
signs of impatience and are pushing for a swift resolution of issues to convene a high-level
negotiating meeting in 2018. The WIPO copyright committee will also continue discussing
exceptions to copyrights for archives, libraries, and research institutions. New WIPO Deputy
Director General for copyright Sylvie Forbin opened the meeting today.
DR. SEUSS ENTERPRISES SUING OVER 'STAR TREK' MASHUP

URL: http://www.hollywoodreporter.com/thr-esq/dr-seuss-enterprises-suing-star-trek-mashup-
946970
A book project titled 'Oh, The Places You'll Boldly Go!' is the subject of an intellectual property
lawsuit.
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Joshua L. Simmons
DOJ APPEALS LOSS ON BMI MUSIC RIGHTS ACCORD TO 2ND CIRC.

The U.S. on Friday appealed to the Second Circuit a September decision in favor of Broadcast
Music Inc. in its challenge to the U.S. Department of Justice's interpretation of 75-year-old
antitrust settlements regarding the licensing of music performance rights.
RECENT DISPUTES OVER COPYRIGHT LICENSES COME IN MANY FORMS

via Law.com - Newswire by Richard Raysman & Peter Brown on 11/14/2016
URL: http://www.law.com/sites/articles/2016/11/07/recent-disputes-over-copyright-licenses-
come-in-many-forms/
In their Technology Law column, Richard Raysman and Peter Brown discuss three cases that
involve: whether the duration of rights to a work extend past the relevant license; if and when
source code provided, or promised to be provided, to a licensee can sustain either contract or tort
claims; and the assignability of copyrighted architectural renderings via an implied license.
FAIR USE OR FOUL? SECOND CIRCUIT EXAMINES PLAY'S USE OF 'WHO'S ON

FIRST?'
via Law.com - Newswire by Stephen M. Kramarsky on 11/14/2016
URL: http://www.law.com/sites/articles/2016/11/14/fair-use-or-foul-second-circuit-examines-
plays-use-of-whos-on-first/
In his Intellectual Property column, Stephen M. Kramarsky of Dewey Pegno & Kramarsky
analyzes a decision involving a claim of fair use claim of the famous Abbot and Costello routine
'Who's on First?' He writes: Practitioners should examine the opinion and keep an eye out, as this
area continues to evolve rapidly, even after 20 years of development.
INTELLECTUAL PROPERTY UNDER A DONALD TRUMP PRESIDENCY

via Intellectual Property Law360 by Jorge Espinosa on 11/14/2016
Last week brought about a significant upset in American politics with the election of President-
elect Donald Trump. Intellectual property practitioners and owners alike have a stake in trying to
predict what effect his administration is likely to have on future intellectual property policies.
Unlike his opponent, Hillary Clinton, who published a fairly detailed platform on intellectual
property and technology issues called the "Initiative on Technology and Innovation," President-
elect Trump has been a mystery. We are therefore left to gather insights from various comments
by Trump and...
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DR SEUSS-'STAR TREK' MASHUP BOOK SPARKS COPYRIGHT LAWSUIT

via The Wrap by Tim Kenneally on 11/14/2016
URL: http://www.thewrap.com/dr-seuss-star-trek-book-copyright-lawsuit/
The owner of children's author Dr.Seuss' copyrights has filed an infringement lawsuit against a
company over a yet-to-be-published Dr. Seuss /"Star ...
MOTIVE ENTERPRISE INC., ROSS STORES INC., DD'S DISCOUNTS ACCUSED OF

URL: http://norcalrecord.com/stories/511041244-motive-enterprise-inc-ross-stores-inc-dd-s-
discounts-accused-of-copyright-infringement
... Central District of California against Motive Enterprise Inc., Ross Stores Inc., DD's Discounts
and Does 1 through 10 alleging copyright infringement.
CTA, CTIA BACK COX IN COURT FIGHT

via Business of Television Broadcasting & Cable by John Eggerton on 11/14/2016
URL: http://www.broadcastingcable.com/news/washington/cta-ctia-back-cox-court-fight/161154
The jury in that court found last December that Cox was "willfully" liable for contributing to
copyright infringement by users of its internet service and ...
NAVY DENIES IT PIRATED 558K COPIES OF SOFTWARE, SAYS CONTRACTOR

CONSENTED
URL: http://arstechnica.com/tech-policy/2016/11/navy-denies-it-pirated-558k-copies-of-
software-says-contractor-consented/
In response to a lawsuit accusing the US Navy of pirating more than 558,000 copies of virtual
reality software, the Navy conceded Monday that it had installed the software on "hundreds of
thousands of computers within its network" without paying the German software maker for it.
THE TURTLES' $100M TRIAL AGAINST SIRIUS XM STARTS TOMORROW

URL: http://arstechnica.com/tech-policy/2016/11/the-turtles-100m-trial-against-sirius-xm-starts-
tomorrow/
Members of the 1960s rock band The Turtles will get their day in court against Sirius XM on
Tuesday. They seek to wrest up to $100 million from the satellite-radio giant for infringing their
copyrights.
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Joshua L. Simmons
FLO & EDDIE SETTLE WITH SIRIUSXM ON EVE OF CALIFORNIA TRIAL

URL: http://www.hollywoodreporter.com/thr-esq/flo-eddie-settle-siriusxm-eve-california-trial-
947313
Details of the settlement are scarce, but attorneys filed a joint notice with the court on Monday.
VIDANGEL SAYS FAMILY FILM LAW IS SHIELD IN DISNEY'S IP ROW

VidAngel, a home video service that streams films with what some consumers consider to be
objectionable content filtered out, argued in California federal court Monday that the Family
Movie Act shields it from copyright infringement claims brought by Disney, Warner Brothers,
Fox and LucasFilm.
US COPYRIGHT OFFICE NEEDS MORE INFO ON DMCA

The US Copyright Office is seeking further feedback on the Digital Millennium Copyright Act's
(DMCA) safe harbour provisions, with many respondents ...
JUDGE RECOMMENDS $10 MILLION COPYRIGHT SUIT AGAINST JUSTIN BIEBER,

USHER BE DISMISSED
URL: http://www.hollywoodreporter.com/thr-esq/judge-recommends-10-million-copyright-suit-
justin-bieber-usher-be-dismissed-947372
The case was revived by the Fourth Circuit Court of Appeals in 2015, but could fall just short of
a jury trial.
SIRIUS, TURTLES SETTLE CALIF. PRE-1972 CASE AHEAD OF TRIAL

Just a day before trial, Sirius XM Radio Inc. reached a settlement Monday to end a long-running
California class action filed by 1960s rock band The Turtles over so-called pre-1972 recordings.
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SIRIUS XM RADIO AGREES TO SETTLE COPYRIGHT CASE WITH 60S ROCK BAND
THE TURTLES
URL: http://www.law.com/sites/articles/2016/11/14/sirius-xm-radio-agrees-to-settle-copyright-
case-with-60s-rock-band-the-turtles/
Sirius XM Radio Inc. has agreed to settle a closely watched copyright infringement case brought
by two members of the 1960s band The Turtles that was set to go to trial on Tuesday in
California.\
TELECOM, CONSUMER GROUPS BACK COX ON DMCA SAFE HARBOR

Cox Communications Inc. is getting high-profile support from telecom industry groups and
consumer rights watchdogs in its bid to overturn a ruling that revoked the company's immunity
under the Digital Millennium Copyright Act.
TECH GIANTS SEND TRUMP A ROADMAP ON COPYRIGHT, ENCRYPTION, NET

NEUTRALITY
URL: http://www.billboard.com/articles/business/7580276/tech-giants-send-trump-a-roadmap-
on-copyright-encryption-net-neutrality
A trade group that represents Facebook, Google and Amazon sent a letter to President-elect
Donald Trump on Monday that included a roadmap of key ...
5 THINGS YOU READ ABOUT THE CHEERLEADING COPYRIGHT CASE THAT ARE
WRONG
URL: http://www.thefashionlaw.com/home/5-things-you-read-about-the-cheerleading-copyright-
case-that-are-wrong
On Halloween we saw Star Athletica, L.L.C. v. Varsity Brands, Inc. go before the U.S. Supreme
Court. Since then, many an article have been dedicated ...
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Joshua L. Simmons
DR. SEUSS ESTATE SUES OVER STAR TREK "MASHUP" BOOK

URL: http://arstechnica.com/tech-policy/2016/11/dr-seuss-creator-sues-over-star-trek-mashup-
book/
Connecticut-based ComicMix has been sued for trying to sell a book called Oh, The Places
You'll Boldly Go!, which was proposed on Kickstarter as a "mash-up" of Dr. Seuss and Star
Trek. The lawsuit raises the question of what kind of "fan fiction" may be legally allowed in a
world that's embracing "remix" culture.
COPYRIGHT CASE AGAINST BIEBER, USHER SHOULD BE DISMISSED - JUDGE

URL: http://www.reuters.com/article/us-bieber-usher-lawsuit-idUSKBN13A2QD
Singers Justin Bieber and Usher (R) pose together after performing on NBC's ''Today'' show in
New York November 23, 2011. REUTERS/Brendan ...
JUSTIN BIEBER COPYRIGHT DISPUTE SHOULD BE DISMISSED, SAYS JUDGE

via via World IP Review on 11/16/2016
URL: http://www.worldipreview.com/news/justin-bieber-copyright-dispute-should-be-
dismissed-says-judge-12605
A judge has recommended that a $10 million copyright claim against Justin Bieber and Usher
centring on the song "Somebody to Love" should be ...
WIPO TO USE CREATIVE COMMONS LICENCES FOR ALL OF ITS PUBLICATIONS

URL: http://www.ip-watch.org/2016/11/16/wipo-use-creative-commons-licences-publications/
The UN World Intellectual Property Organization, the foremost international body for
intellectual property rights, today announced that it will make all of its publications available
under Creative Commons licences - which said it helped to develop along with other
organisations. The move, made along with a wide range of other major international
organisations, is an effort to make its publications as widely accessible as possible, an indirect
nod to the limiting nature of copyright.
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JAY Z'S ROC NATION SUED FOR STREAMING PRINCE ALBUMS ON TIDAL
URL: http://www.hollywoodreporter.com/thr-esq/jay-zs-roc-nation-sued-streaming-prince-
albums-tidal-947794
A copyright lawsuit follows Roc Nation's insistence in probate court of having a license deal that
allows for the exploitation of the late artist's catalog.
JOHNNY JOE'S ACCUSED OF COPYRIGHT INFRINGEMENT

URL: http://pennrecord.com/stories/511041587-johnny-joe-s-accused-of-copyright-infringement
Several musical copyright holders are suing St. George & Mary Inc., d/b/a Johnny Joe's, and
Hany Maawad, alleging copyright ...
JUST BEFORE TRIAL, THE TURTLES SETTLE COPYRIGHT SUIT AGAINST SIRIUS XM
URL: http://arstechnica.com/tech-policy/2016/11/just-before-trial-the-turtles-settle-copyright-
suit-against-sirius-xm/
Members of 1960s rock band The Turtles sued Sirius XM in 2013, saying that even though
federal copyright doesn't apply to pre-1972 sound recordings, they deserve to get paid under state
copyright laws.
HIGHSMITH V. GETTY IMAGES ET AL

via The Entertainment, Arts and Sports Law Blog by Neil Rosini on 11/16/2016
URL: http://nysbar.com/blogs/EASL/2016/11/highsmith_v_getty_images_et_al.html
In Highsmith v. Getty Images et al, No. 1:16-cv05924-JSR, Southern District of NY, Judge Jed
Rakoff recently dismissed claims alleging unauthorized modification of copyright management
information under the DMCA; violations of the Lanham Act for false advertising and unfair
competition; and common law unfair competition. Surviving were claims against defendants
Getty, License Compliance Services (LCS) and Alamy for deceptive acts and practices under the
NY General Business Law Section 349, alleging that the defendants held themselves out falsely
as the plaintiff's agent, charged fees, and collected settlements of copyright infringement claims
for the plaintiff's photos without the right to do so. Judge Rakoff has not yet filed an opinion,
which his order filed 10/28 said would follow. The plaintiff, Carol M. Highsmith, is a
distinguished American photographer who dedicated thousands of photographs to the public
domain, depositing them with the Library of Congress. The lawsuit was triggered by a letter
addressed to Highsmith's foundation, accusing it of copyright infringement and demanding
payment for displaying one of her own photographs on the foundation's website. Thousands of
her photos had been acquired by the defendants Getty and Alamy for their archives, which
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Joshua L. Simmons
include many other public domain images, and offered Highsmith's photos to customers for a
fee. The defendant LCS was retained by Alamy to seek out users of content and send them letters
like the one sent to Highsmith's foundation.
FLO & EDDIE V. SIRIUS XM SETTLEMENT

via The Entertainment, Arts and Sports Law Blog by Helene Freeman on 11/16/2016
URL: http://nysbar.com/blogs/EASL/2016/11/flo_eddie_v_sirius_xm_settleme.html
Flo & Eddie have settled its case against Sirius XM in the Central District of California.
According to reports, the settlement preserves the rights of the parties to continue to pursue
appeals and therefore the cases in NY and Florida do not appear to be affected. The proposed
settlement will be submitted to the court for preliminary approval in December. Whether
California law provides for a performance right for pre-1972 sound recordings is on appeal in
litigation against Pandora in state court, so there yet may be a decision on that issue
notwithstanding the settlement of Flo & Eddie.
DR. SEUSS PARODY?

URL: http://nysbar.com/blogs/EASL/2016/11/dr_seuss_parody.html
There was an interesting new case that was filed on November 10th in the S.D. Cal. by Dr. Seuss
Enterprises against a startup comics company, Comicmix LLC, which was seeking funding on
Kickstarter for a Dr. Seuss-Star Trek comic mashup publication that copies many characters and
background art elements from various Dr. Seuss books, along with Star Trek type characters, in
an alleged parody (Seuss-Suit.pdf). The fight began when Dr. Seuss Enterprises served a take-
down notice on Kickstarter, Comicmix served a counter-notice citing fair use parody, and Dr.
Seuss Enterprises then filed this action for copyright infringement, false designation of origin
under the Lanham Act and unfair competition. Comicmix is looking for pro bono representation.
Here are some the works' images compared in the complaint - the prose text is different. Recall
that Dr. Seuss Enterprises previously won a Ninth Circuit high profile case against Penguin over
the book "The Cat NOT in the Hat! A Parody by Dr. Juice", because it satirized the OJ Simpson
trial but did not parody Dr. Seuss' works themselves, leading the court to reject a parody fair use
defense. So, is this a "transformative" parody?
ROC NATION HIT WITH LAWSUIT BY PRINCE'S ESTATE DUE OVER COPYRIGHT
INFRINGEMENT CLAIMS
via Vibe on 11/16/2016
URL: http://www.vibe.com/2016/11/roc-nation-sued-prince-estate-tidal/
"Roc Nation and Tidal have not provided any documentation substantiating Roc Nation's claim
that it has rights to exploit any Prince Copyrighted ...
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PRINCE'S ESTATE SUES TIDAL OVER STREAMED SONGS

URL: https://www.law360.com/ip/articles/863248
Prince's estate accused Jay Z's Tidal music service on Tuesday of streaming the late pop star's
entire catalog without permission, asking a Minnesota federal court to block the service from
offering the songs.
'HILLARY FOR PRISON' BOBBLEHEAD PROMPTS COPYRIGHT SUIT

A Georgia-based bobblehead company has alleged that a rival upstart is infringing its copyrights
by selling "Hillary for Prison," a bobblehead of the 2016 Democratic presidential candidate
attached to a ball and chain while dressed in prison garb, according to a filing in California
federal court.
SEMICONDUCTOR SOFTWARE FIRM ACCUSES LED CO. OF HACKING

Computer chip testing giant Synopsys Inc. sued LED expert SiliconCore Technology Inc. and
two principals in California federal court on Tuesday, saying they gained illegal access to
Synopsys software.
RICHARD PRINCE HIT WITH ANOTHER IP SUIT BY PHOTOGRAPHER

Artist Richard Prince on Wednesday was hit with yet another copyright infringement lawsuit for
exhibiting photos he pulled from Instagram without permission, with the suit in New York
federal court alleging the "appropriation artist" stole a portrait of Sonic Youth front woman Kim
Gordon.
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Joshua L. Simmons
VIETNAM-BASED COPYROBO UNVEILS BLOCKCHAIN-BASED COPYRIGHT

MANAGEMENT SERVICE
URL: http://www.ipwatchdog.com/2016/11/17/copyrobo-unveils-blockchain-based-copyright-
management-service/id=74559/
Copyrobo's service is powered by its CopyrightKey technology, which creates a unique identifier
to provide evidence that a particular work has been copyrighted. Copyrobo says that the service
is integrated with a variety of popular social media sites, including Facebook, Instagram and
Twitter, as well as cloud storage applications like Google Drive, which would seem to give the
copyright management service a leg up when trying to prevent infringement occurring through
those digital...
THE OVERARCHING PURPOSE - MISUSE OF CONFIDENTIAL INFORMATION,

COPYRIGHT INFRINGEMENT AND THE ...
via Lexology by Caroline Ryan on 11/17/2016
URL: http://www.lexology.com/library/detail.aspx?g=e81f88cd-7e20-4a1d-85cb-b063bf04e7e0
Although slightly unusual under the circumstances, His Honour awarded nominal damages of $1
for copyright infringement, and additional damages ...
WHY SOME MUSIC BIZ INSIDERS ARE (ALMOST) OPTIMISTIC ABOUT DONALD
TRUMP'S PRESIDENCY
via Billboard by Rob Levine on 11/17/2016
URL: http://www.billboard.com/articles/news/7580527/president-donald-trump-music-business
At this early stage, not much is certain -- Trump hasn't taken a position on copyright, let alone
many of the specific issues that affect the music business ...
'STAR TREK' FAN FILM LAWSUIT BOLDLY GOES WHERE NO 'STAR TREK' LAWSUIT
HAS GONE BEFORE
URL: http://www.hollywoodreporter.com/thr-esq/star-trek-fan-film-lawsuit-boldly-goes-no-star-
trek-lawsuit-has-gone-before-948252
Paramount, CBS and producers of 'Axanar' file summary judgment motions.
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RICHARD PRINCE SUED AGAIN OVER "NEW PORTRAITS" INSTAGRAM-THEMED

SHOW
URL: http://www.thefashionlaw.com/home/richard-prince-sued-again-over-new-portraits-
instagram-show
Artist Richard Prince has been hit with yet another copyright infringement lawsuit in connection
with his "New Portraits" Instagram exhibition. This time ...
'STAR TREK' FAN FILM IS LEGAL FAIR USE, CREATORS SAY

The producers of an unauthorized "Star Trek" film are asking a federal judge to toss out a
copyright lawsuit filed by Paramount Pictures, pushing the case - once believed settled - toward a
final ruling on the legality of the fan-fiction project.
SIRIUS SAYS SALE ENDS FLA. COPYRIGHT FOR PRE-1972 RECORDS

Florida recognizes common-law copyright for creative works, but that doesn't extend to post-sale
performance of recordings, Sirius XM Radio Inc. argued to the Florida Supreme Court on
Wednesday in its long-running feud with the rock band The Turtles.
FRANKIE VALLI BEATS 'JERSEY BOYS' COPYRIGHT SUIT

Frankie Valli and his Four Seasons bandmate Bob Gaudio escaped copyright infringement
claims alleging that the smash musical Jersey Boys copied from an unpublished autobiography
of another band member, a Nevada federal judge ruled Thursday after 12 days of trial.
LIBRARIANS, ARCHIVISTS, CALL ON WIPO MEMBERS TO CREATE SAFE HARBOUR

AGAINST COPYRIGHT LIABILITY
URL: http://www.ip-watch.org/2016/11/18/librarians-archivists-call-wipo-members-create-safe-
harbour-copyright-liability/
The age of digitisation has opened new doors to distribution of information including for
libraries and archives. However, librarians and archivists are often confronted with risk of
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liability for copyright infringement, nationally and in cross-border activities. This week, they
asked the World Intellectual Property Organization copyright committee to provide them not
only with some exceptions to copyright, but with protection against liability.
STAR ATHLETICA V. VARSITY BRANDS: SUPREME COURT EVALUATING

COPYRIGHTS IN FEATURES OF USEFUL ARTICLES
URL: http://www.lexology.com/library/detail.aspx?g=552e6e60-13b4-4b97-9aa4-d1c6aa747e53
On May 2, 2016, the Supreme Court granted Star Athletica, LLC's petition for a writ of certiorari
on the following question: "What is the appropriate test ...
INTERNET ASSOCIATION ASKS TRUMP TO KEEP STICKING IT TO CREATORS.

URL: http://illusionofmore.com/internet-association-asks-trump-keep-sticking-creators/
On Monday, the Internet Association, which represents most of the major online platforms, sent
a letter to the president-elect asking that his administration show support for the the status quo of
the CDA and the DMCA in order to sustain ...
SOUTH FLORIDA MARKETING AGENCY WINS $2.5 MILLION VERDICT IN

COPYRIGHT CASE
via Law.com - Newswire by Celia Ampel on 11/18/2016
URL: http://www.law.com/sites/articles/2016/11/14/south-florida-marketing-agency-wins-2-5-
million-verdict-in-copyright-case/
West Palm Beach lawyers won a $2.55 million verdict earlier this month in a copyright
infringement case.
US ARTIST TARGETED IN COPYRIGHT CLAIM

URL: http://www.worldipreview.com/news/us-artist-targeted-in-copyright-claim-12623
Artist Richard Princehas been named in a copyright infringement claim by a fine art
photographer. Fine art photographer Eric McNatt filed the claim ...
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TURNING PROMISES OF MARRAKESH TREATY FOR VISUALLY IMPAIRED INTO

REALITY
URL: http://www.ip-watch.org/2016/11/21/turning-promises-marrakesh-treaty-visually-
impaired-reality/
With the recent entry into force of the Marrakesh Treaty providing copyright exceptions for
persons with visual impairments, a panel convened alongside last week's World Intellectual
Property Organization copyright committee meeting explored ways to transform the treaty's
promises into reality.
WIPO COPYRIGHT COMMITTEE AGREES ON FUTURE WORK, NO DECISION ON

BROADCASTING TREATY DEADLINE
URL: http://www.ip-watch.org/2016/11/21/wipo-copyright-committee-agrees-future-work-no-
decision-broadcasting-treaty-deadline/
The World Intellectual Property Organization committee on copyright agreed on its work for its
spring session, which is expected to advance work towards a treaty protecting broadcasting
organisations. Discussions on limitations and exceptions to copyright for libraries, archives,
education, and research will remain on the agenda. Although some delegations remarked that the
agenda is already heavy, they agreed to continue work on resale right for visual artists and
copyright in the digital age.
CISCO, ARISTA SET TO FACE OFF AT COPYRIGHT AND PATENT TRIAL

URL: http://www.reuters.com/article/ip-cisco-arista-idUSL1N1DM0IN
Networking equipment giant Cisco Systems Inc is set to confront fast-growing rival Arista
Networks Inc at a copyright and patent trial that kicks off ...
COPYRIGHT GETS STAR TURN AT HIGH COURT

via Intellectual Property Law360 by Joseph Sozzani on 11/21/2016
For nearly a century, U.S. federal courts have struggled with the "metaphysical quandary" in
determining whether and when certain design features associated with useful articles are
conceptually separable, and thus protectable, under the § 101 of the Copyright Act.[1] On Oct.
31, the U.S. Supreme Court finally took up this long-standing issue, hearing oral argument in
Star Athletica LLC v. Varsity Brands Inc. et. al.. It will soon weigh in on the proper test to be
applied by lower courts in answering what the Sixth Circuit characterized...
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JUDGE ALLOWS BID TO FREE "WE SHALL OVERCOME" FROM COPYRIGHT

URL: http://www.hollywoodreporter.com/thr-esq/judge-allows-bid-free-we-overcome-
copyright-949581
Arguments of originality and registration aren't enough to save the Richmond Organization and
Ludlow Music from having to face a lawsuit.
JUDGE WON'T TOSS CASE OVER 'WE SHALL OVERCOME'

A New York federal judge Monday refused to toss out a class action aimed at proving that 1960s
protest song "We Shall Overcome" is in the public domain, allowing the copyright case to
proceed toward trial.
'WE SHALL OVERCOME' COPYRIGHT CASE MOVES CLOSER TO TRIAL

URL: http://www.nytimes.com/2016/11/21/business/media/we-shall-overcome-copyright-case-
moves-closer-to-trial.html
A federal judge declined to dismiss the copyright claims in a lawsuit that challenges the validity
of the song's copyright.
STAR TREK FAN FILM SAYS CBS AND PARAMOUNT DON'T OWN "THE IDEA OF
STAR TREK"
URL: http://arstechnica.com/tech-policy/2016/11/star-trek-fan-film-says-cbs-and-paramount-
dont-own-the-idea-of-star-trek/
In a motion filed last week, CBS and Paramount asked a judge to rule that (PDF) fan-funded
Axanar Productions infringed Star Trek copyright.
JUDGE ALLOWS 'WE SHALL OVERCOME' COPYRIGHT CHALLENGE

URL: http://www.reuters.com/article/idUSL1N1DM22U
A New York federal judge on Monday allowed parts of a class action lawsuit challenging the
copyright for the civil rights song "We Shall Overcome" to ...
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JUDGE HAS NO 'LOVE' FOR VIACOM REALITY SHOW IP RIPOFF CLAIM

A California federal judge on Monday expressed skepticism that Viacom can be held liable for
copyright infringement for allegedly stealing a production company's treatment for its successful
reality show "Love & Hip Hop," repeatedly asking how the production company's treatment
contains anything but an uncopyrightable idea.
FEDS SAY SONGWRITERS' LICENSING PACT SUIT IS UNSOUND

The U.S. Department of Justice struck back Friday at a songwriter advocacy group's lawsuit over
the agency's recent changes to antitrust consent decrees governing the licensing of American
music, saying the suit was asking a Washington, D.C., court to interpret a New York court order.
SUMMARY: 33RD SESSION OF WIPO'S COPYRIGHT COMMITTEE (SCCR)

URL: https://www.youtube.com/watch?v=2ksK42l-Yxk
Michele Woods, Director of WIPO's Copyright Law Division and the Secretary of WIPO's
Standing Committee on Copyright and Related Rights (SCCR), gives a brief summary of
Committee's 33rd session, held November 14-18, 2016, at WIPO Headquarters in Geneva.
'WE SHALL OVERCOME' COPYRIGHT CASE PROCEEDS

URL: http://www.worldipreview.com/news/we-shall-overcome-copyright-case-proceeds-12630
A US-based non-profit organisation's copyright case centring on the civil rights movement's
unofficial anthem "We Shall Overcome" looks to be set for ...
RESALE ROYALTY RIGHT: A WAY TO REDRESS IMBALANCE IN COPYRIGHT

REVENUE, WIPO TOLD
URL: http://www.ip-watch.org/2016/11/22/resale-royalty-right-way-redress-imbalance-
copyright-revenue-wipo-told/
When visual artists sell their work, they usually perceive a price for that work. If it is resold at a
much higher price, some countries provide for a resale right, providing artists with resale
royalties. In other countries, such a right does not exist, putting visual artists in a
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disadvantageous situation, particularly indigenous artists, whose work can become very valuable
on the international art markets.
FAIR-USE DEFENSE MISSING IN MUSIC-SAMPLING CASES

via Intellectual Property Law360 by Jose Sariego on 11/22/2016
In 1989, a notoriously potty-mouthed rap group from Miami known as 2 Live Crew took a
perfectly sweet '60s ode to a wholesome pretty girl and transformed it into a nasty rap version.
The song, "Pretty Woman," unabashedly copied the title, the characteristic opening bass riff, and
the first line of the lyrics of the original. 2 Live Crew attempted to obtain a license for the song
from the music publisher, Acuff-Rose, but the publisher refused, no doubt horrified at the
perverted version of the song...
CONCERT PROMOTER SUED FOR COPYRIGHT INFRINGEMENT

via Law.com - Newswire by Robert Storace on 11/22/2016
URL: http://www.law.com/sites/articles/2016/11/17/concert-promoter-sued-for-copyright-
infringement/
Photographer Kristen Pierson says photos of the bands "Lotus Land" and "Soft Parade" were
used without authorization.
WENDY CARLOS CLAIMS TRUMP PARODY VIDEO INFRINGES ON HER MUSIC

URL: http://www.entlawdigest.com/2016/11/22/4388.htm
Carlos, who is suing through Serendip LLC, the company she set up as the owner of her
copyrights and master recordings says Atkin's "gratuitous and ...
'JERSEY BOYS' COPYRIGHT DISPUTE NOW IN JURY'S HANDS

URL: http://www2.courthousenews.com/jersey-boys-copyright-dispute-now-in-jurys-hands/
RENO, Nev. (CN) - Tasked with sorting through the intricacies of copyright law, 12 days of
testimony and about four hours of closing arguments, jurors ...
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9TH CIRC. SPIKES CODER'S $3.6M 'MADDEN' COPYRIGHT VERDICT

The Ninth Circuit rejected a programmer's bid on Tuesday to reinstate a $3.6 million jury award
against Electronic Arts Inc. for allegedly using his source code to develop versions of the popular
"Madden NFL" video games without paying him royalties, finding that the source code was
never introduced as evidence, so the claims fail as a matter of law.
DELOITTE BRINGS COUNTERCLAIMS IN ILL. CONTRACT SUIT

via Intellectual Property Law360 by Diana Novak Jones on 11/22/2016
Deloitte Consulting LLP has slapped counterclaims onto a breach of contract suit brought by the
Illinois Municipal Retirement Fund over a $25.8 million computing project, accusing the fund of
copying and modifying copyrighted software Deloitte provided as part of the now-defunct deal.
HAPPY THANKSGIVING FROM CREATIVEFUTURE!

URL: http://www.creativefuture.org/happy-thanksgiving-from-creativefuture/
Ah, Thanksgiving. There's a number of things that define this holiday.
FRANKIE VALLI DISMISSED FROM 'JERSEY BOYS' SUIT

URL: http://www.entlawdigest.com/2016/11/22/4376.htm
The evidence during the trial "was unrebutted that neither of them ever even saw the copyrighted
work until their depositions in this case," the judge ...
LOVE & HIP HOP' RIPOFF IP SUIT AGAINST VIACOM CANCELED

A production company's copyright infringement suit accusing Viacom of stealing the idea for its
successful reality TV show "Love & Hip Hop" ran out of time on Tuesday, as a California
federal judge ruled the production company's allegedly ripped-off treatment didn't contain any
original copyrightable work.
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MICROSOFT PARTNERS GHANA COPYRIGHT OFFICE

via Business Ghana on 11/23/2016
URL: http://www.businessghana.com/site/news/business/138183/Microsoft-partners-Ghana-
Copyright-Office-
American multinational technology company, Microsoft Corporation has announced a

partnership with the Ghana Copyright Office to prevent the use ...
DR. SEUSS SUES TREKKIES OVER 'OH, THE PLACES YOU'LL BOLDLY GO!'
URL: http://blogs.findlaw.com/technologist/2016/11/dr-seuss-sues-trekkies-over-oh-the-places-
youll-boldly-go.html
Two great things are better together, right? Captain Kirk and Dr. Spock. Green eggs and ham.
Green eggs and ham and Dr. Spock. Well, that last one may be going a bit far, at least according
to Dr. Seuss Enterprises. The company is currently suing the creators of "Oh,......
EPISODE 10 MUSIC STREAMING AND DMCA REQUESTS; TRADEMARKS IN CRAFT

BEER INDUSTRY
URL: http://www.fordhamiplj.org/2016/11/23/episode-10-music-streaming-dmca-requests-
trademarks-craft-beer-industry/
The Fordham IPLJ Podcast tackles two different topics this week.
DONALD TRUMP'S NEW YORK TIMES VISIT THROUGH THE PRISM OF THE WORLD
CHESS CHAMPIONSHIP
URL: http://www.hollywoodreporter.com/thr-esq/donald-trumps-new-york-times-visit-prism-
world-chess-championship-950145
And what a court decision Tuesday says about media's future moves.
AUCTION HOUSES WANT ATTY FEES AFTER BEATING ART RESALE SUIT
Christie's, Sotheby's and eBay are now demanding to have their legal bills repaid after twice
beating class action litigation aimed at forcing them to pay royalties to artists under California's
art resale law.
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PEPSI SAYS SUPER BOWL AD DIDN'T COME FROM CONN. AGENCY

In response to allegations by a Connecticut advertising agency that Pepsi stole copyrighted

material for its "Joy of Dance" Super Bowl halftime ad, the soft drink giant on Tuesday asked a
New York federal judge to dismiss the claim, noting substantial differences between the agency's
idea and its showcase spot.
NO COPYRIGHT OVER OUR JUDGMENTS: SC

via The Times of India by Dhananjay Mahapatral on 11/23/2016
URL: http://timesofindia.indiatimes.com/india/No-copyright-over-our-judgments-
SC/articleshow/55591798.cms
For long, a couple of firms had a virtual monopoly over printing judgments of the Supreme
Court in book format and selling it to ...
9TH CIRCUIT REJECTS MADDEN NFL PROGRAMMER'S COPYRIGHT CLAIM

URL: http://www.reuters.com/article/maddennfl-game-copyright-idUSL1N1DP01M
Computer game company Electronic Arts does not owe royalties to the programmer who
originally developed the hit game Madden NFL in the 1980s ...
MADDEN CODER HIT WITH COURT OF APPEALS BLOCK

URL:
http://ipprotheinternet.com/ipprotheinternetnews/copyrightarticle.php?article_id=5192#.WDuTrs
mbCoE
He claimed that EA's Sega Madden games infringed the copyright to the source code for the
Apple II Madden game, but the district court said that the ...
COPYRIGHT ROW OVER CHILDREN'S BOOK ABOUT A BALA STEAM ENGINE

CALLED ALICE
via Daily Post by Owen Hughes on 11/24/2016
URL: http://www.dailypost.co.uk/business/business-news/copyright-row-over-childrens-book-
12224071
"Utilising my copyrighted work enabled Pauline Hazelwood and Julian Birley to produce a book
which I do not believe they would otherwise have ...
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MONTREAL ARTIST WINS LEGAL BATTLE AGAINST LABEL OF HIP HOP GIANT
KENDRICK LAMAR
via CBC News by Kamila Hinkson on 11/24/2016
URL: http://www.cbc.ca/news/canada/montreal/jonathan-emile-kendrick-lamar-copyright-
1.3865317
The labels claimed Emile's song Heaven Help Dem infringed their copyright because it included
verses from hip hop giant Kendrick Lamar. While the ...
TUTORIAL CENTERS RAIDED FOR COPYRIGHT VIOLATIONS, 14 ARRESTED

via The Standard on 11/24/2016
URL: http://www.thestandard.com.hk/breaking-news.php?id=82635
Customs officers have arrested 14 people - and confiscated more than 50,000 pages of tutorial
notes - in copyright-infringement raids. In what the ...
HOW WE FLOUTED COPYRIGHT LAW AND BROUGHT THE GENIUS OF COMPANY

TO OUR JUNIOR HIGH SCHOOL
via Slate by Jordana Williams on 11/24/2016
URL:
http://www.slate.com/articles/arts/culturebox/2016/11/personal_essay_about_a_misguided_junio
r_high_production_of_company.html
Why didn't they stop us, or at least advise us that our violations of copyright ranged from
artistically disastrous to legally actionable? Now that I have ...
NEW ZEALAND COPYRIGHT TRIBUNAL CONFIRMS REAPPOINTMENTS

URL:
http://www.slate.com/articles/arts/culturebox/2016/11/personal_essay_about_a_misguided_junio
r_high_production_of_company.html
The New Zealand Copyright Tribunal has reappointed Jane Glover, Sarah Bacon and Sarah-Jane
Weir. The tribunal hears disputed between rights ...
NEW US COPYRIGHT RULE SETS TRAP FOR ONLINE FIRMS

URL: http://www.ip-watch.org/2016/11/25/new-us-copyright-rule-sets-trap-online-firms/
The US Copyright Office is supposed to balance the interests of copyright owners with the
interests of everyone else. However, the Office's latest regulation, which takes effect 1
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December, may be anything but fair and balanced. It could, according to critics, strip Facebook,
YouTube, and other online companies of a vital statutory safe harbor, thus making these
companies liable when their users post infringing material online. Online companies could face
billions in infringement damages, driving them out of business.
COPYRIGHT A WIN-WIN SITUATION: MUSIC BODY

via Fiji Sun by Ashna Kumar Suva on 11/26/2016
URL: http://fijisun.com.fj/2016/11/27/copyright-a-win-win-situation-music-body/
Copyright is a win-win situation for our local composers, says the chairman of Fiji Performing
Rights Association (FPRA) Limited, Eremasi Tamanisau ...
MUSICIANS RECEIVE $266K IN ROYALTIES

via The Fiji Times by Manasa Kalouniviti on 11/27/2016
URL: http://www.fijitimes.com/story.aspx?id=380092
"Your royalty payments for the use of your copyrighted music has been growing right from
1994; the only decrease is this year (2016) where we have ...
KYLIE JENNER COMES UNDER FIRE AGAIN FOR ALLEGEDLY COPYING

COSMETICS IMAGERY
URL: http://www.thefashionlaw.com/home/kylie-jenner-comes-under-fire-again-for-allegedly-
copying-cosmetics-imagery
Jenner legal battle, TMZ - which has taken to providing legal commentary it seems - noted that
while ideas are not protected by copyright law, the ...
IBM TARGETED IN COPYRIGHT COMPLAINT

URL: http://www.worldipreview.com/news/ibm-targeted-in-copyright-complaint-12650
The suit alleged that IBM had shared MPI's copyrighted material and trade secrets with
Crawford, in 2010 and 2011, for the purpose of developing the ...
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8TH CIR. DECISION UPHOLDS INJUNCTION AGAINST MERCHANDISER USING

FAMOUS WARNER BROS. IMAGES
URL: http://www.ipwatchdog.com/2016/11/28/8th-cir-upholds-injunction-against-merchandiser-
using-famous-warner-bros-images/id=74919/
On November 1st, the U.S. Court of Appeals for the Eighth Circuit (8th Cir.) issued a decision in
a case brought by motion picture entertainment company Warner Bros. and appealed by a group
of defendants who licensed images culled from publicity material for some of Warner's most
famous entertainment properties. A panel from the 8th Cir. found in favor of Warner Bros. and
affirmed an earlier verdict, which has helped to define whether publicity material for films and
animated shows are...
THE DEMISE OF THE TPP AND ITS IMPACT ON COPYRIGHT

URL: http://hughstephensblog.net/2016/11/28/the-demise-of-the-tpp-and-its-impact-on-
copyright
For all intents and purposes the Trans-Pacific Partnership (TPP) is dead-or at the very least it will
be in a state of suspended animation for a considerable period to come- given that President-elect
Trump has announced that he will initiate the process to have the US withdraw from the
Agreement on Day 1 of his Presidency.
KENYA: COLLECTIVE MANAGEMENT ORGANISATIONS IN DANGER AFTER COURT

QUESTIONS THEIR ROLE
via Intellectual Property Watch by Maina Waruru on 11/28/2016
URL: http://www.ip-watch.org/2016/11/28/kenya-collective-management-organisations-danger-
court-questions-role/
NAIROBI, Kenya -- A ruling this month by a Kenyan court that artists, performers and
musicians cannot be compelled or forced to join a collective management organisation (CMO) to
collect royalties on their behalf could spell doom for CMOs in the country, experts fear.
LEGAL STREAMING TOPS CONSUMPTION IN AUSTRALIA

The 2016 survey of online copyright infringement, conducted by TNS Australia on behalf
Australia's Department of Communications and the Arts and ...
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YOUTUBE PROTECTS COPYRIGHT WITH ARTIFICIAL INTELLIGENCE

via The Australian by Chris Griffith on 11/28/2016
URL: http://www.theaustralian.com.au/business/technology/youtube-protects-copyright-with-
artificial-intelligence/news-story/3ec6616cf5325bdda820659c7fc491df
The Google-owned service already has a slew of algorithms at its disposal for detecting
copyrighted content on the platform, but over time users have ...
MGM SUES 'BUCKAROO BANZAI' WRITER AND DIRECTOR OVER RIGHT TO MAKE
NEW TV SERIES
URL: http://www.hollywoodreporter.com/thr-esq/mgm-sues-buckaroo-banzai-writer-director-
right-make-new-tv-series-950671
Earl Mac Rauch and Walter Richter proclaim they own rights - and have been telling others
including Amazon Studios and Kevin Smith's agents at WME.
WHY DOJ IS RIGHT TO APPEAL BMI CONSENT DECREE RULING

via Intellectual Property Law360 by David Balto on 11/28/2016
Jimi Hendrix's famous lyrics "and so castles made of sand fall in the sea eventually" perfectly
describe the U.S. Department of Justice Antitrust Division's problems in the wake of rate court
Judge Louis Stanton's September decision to reject the DOJ's interpretation of its consent decree
with performance rights organization (PRO) Broadcast Music Inc. The Hendrix song, "Castles
Made of Sand," describes the impermanence of fragile things, and Judge Stanton's decision has
shown that the DOJ's consent decree enforcement might be more fragile than we hope, and...
IS A LAMP DESIGN COPYRIGHTABLE? SHEDDING LIGHT ON U.S. AND ITALIAN

COPYRIGHT PROTECTION OF USEFUL ARTICLES
via IPLJ by Vera Collavo on 11/28/2016
URL: http://www.fordhamiplj.org/2016/11/28/lamp-design-copyrightable/
Previously, we analyzed the industrial design protections available under the E.U. Regulation on
design and the U.S. law on design patents.
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PROGRESS AGAINST PIRACY: MPA FINDS ASIA-PACIFIC ALLIES IN COPYRIGHT-

INFRINGEMENT FIGHT
via Film Journal International by Mike Ellis on 11/28/2016
URL: http://www.filmjournal.com/features/progress-against-piracy-mpa-finds-asia-pacific-
allies-copyright-infringement-fight
2016 marks the tenth year that the Motion Picture Association has partnered with CineAsia, the
only international convention dedicated to Asian ...
WILDFOX COUTURE, WILDFOX RETAIL ALLEGE T-SHIRT DID NOT INFRINGE

COPYRIGHTED DESIGN
URL: http://norcalrecord.com/stories/511047339-wildfox-couture-wildfox-retail-allege-t-shirt-
did-not-infringe-copyrighted-design
The plaintiffs allege that the defendant does not have registered copyright in the design that it is
accusing plaintiffs to have infringed upon and that the ...
ANTIGUA & BARBUDA TO LIFT US IP PROTECTION IN 2017 IF US FAILS TO

COMPLY WITH WTO RULING
URL: http://www.ip-watch.org/2016/11/28/antigua-barbuda-lift-us-ip-protection-2017-us-fails-
comply-wto-ruling/
Caribbean nation Antigua & Barbuda has declared that it will exercise an option granted it by a
World Trade Organization dispute settlement panel to lift protection on US intellectual property
rights starting in 2017 if the US does not finally change a law blocking the island nation's online
gambling services or compensate it.
PORSCHE COPIED HIT SONG FOR CAYMAN AD, PUBLISHER SAYS

A music publishing company accused Porsche of copying the X Ambassadors' hit song "Jungle"
in a commercial for the 718 Cayman, creating a fake version of the song to avoid paying
royalties for using it, according to a suit filed in Tennessee federal court Friday.
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FILIPINO FILMMAKERS SHED LIGHT ON THE FORGOTTEN. THEY HOPE IT CAN

LAST.
via NYT > Media & Advertising by Amy Qin on 11/28/2016
URL: http://www.nytimes.com/2016/11/28/movies/filipino-filmmakers-shed-light-on-the-
forgotten-they-hope-it-can-last.html
The Philippine movie industry has made a huge comeback, but will films like "Ma' Rosa" and
"The Woman Who Left" be possible under the new president?
CISCO SAYS ARISTA 'SLAVISHLY' COPIED IP AS TRIAL OPENS

Cisco Systems Inc. told a California federal jury during opening arguments in its copyright and
patent infringement suit Monday that rival technology company Arista Networks Inc. "slavishly"
copied its patented command-line interface to create its popular computer networking switch
products, then marketed those products using Cisco's name.
APPEAL COURT OVERTURNS $4.1M AWARD IN ASPARAGUS GRADER COPYRIGHT

CASE
via NZFarmer by Gerard Hutching on 11/28/2016
URL: http://www.stuff.co.nz/business/farming/87002189/appeal-court-overturns-41m-award-in-
asparagus-grader-copyright-case
The Court of Appeal has overturned a High Court judgment which awarded Waikato company
Oraka Technologies $4.1 million in damages in a ...
SIRIUSXM COULD PAY UP TO $99M AS PART OF FLO & EDDIE SETTLEMENT

URL: http://www.hollywoodreporter.com/thr-esq/siriusxm-could-pay-up-99m-as-part-flo-eddie-
settlement-950914
The total amount includes future royalties for a 10-year license.
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Joshua L. Simmons
JURY FINDS 'JERSEY BOYS' CREATORS LIABLE FOR COPYRIGHT INFRINGMENT

URL: http://www.hollywoodreporter.com/thr-esq/jury-finds-jersey-boys-creators-liable-
copyright-infringment-951024
The amount of damages, if any, to be awarded has not yet been determined.
SIRIUSXM AGREES TO PAY UP TO $99 MILLION TO SETTLE TURTLES-BACKED

COPYRIGHT SUIT
URL: http://www.nytimes.com/2016/11/29/arts/music/turtles-siriusxm-1972-copyright-
settlement.html
The 1960s band filed three lawsuits against the satellite radio company for playing its songs
recorded before 1972 without permission.
SIRIUS TO PAY UP TO $99M IN PRE-1972 SONGS SETTLEMENT

SiriusXM will pay as much as $99 million to musical artists to settle a long-running California
class action over so-called pre-1972 recordings, according to a proposal filed Monday.
SIRIUS GAINS SUPPORT IN SUIT OVER PRE-1972 RECORDS RIGHTS

Fellow broadcasters, online music services and law professors are backing Sirius XM Radio Inc.
in its long-running feud with the rock band The Turtles over the obligation to pay royalties for
playing their pre-1972 recordings, which is now pending before the Florida Supreme Court.
BEATLES CO. SAYS CONCERT ROW IS CASH GRAB, SEEKS SANCTIONS

The Beatles' Apple Corps Ltd. on Monday fired its latest salvo at a copyright lawsuit over
footage of the band's iconic 1965 concert at Shea Stadium, telling a New York federal judge the
suit is an opportunistic bid at "cashing in" on a recently released Beatles documentary that
warrants sanctions.
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JURY FINDS 'JERSEY BOYS' CREATORS INFRINGED BOOK COPYRIGHT

A Nevada federal jury decided Monday that the creators of the hit Broadway musical "Jersey
Boys," which tells the story of 1960s pop group the Four Seasons, infringed the copyright on an
unpublished autobiography of one of the band members.
EFFECTIVE ONLINE COPYRIGHT LAW A THORNY ISSUE

via China Daily by Zhang Huibin on 11/29/2016
URL: http://www.chinadaily.com.cn/opinion/2016-11/30/content_27522282.htm
Princess Weiyang, a television drama adapted from an online novel, The Poisonous Daughter,
has been caught in the vortex of copyright controversy ...
PARAMOUNT, 'STAR TREK' FAN FILM TRADE BLOWS OVER FAIR USE
Paramount Pictures Corp. said an unauthorized "Star Trek" film isn't even a close case of fair
use, urging a California federal judge Monday to reject the fan film's producers' bid to throw out
an infringement case that was once near settlement.
MEDICARE LOGO CASE SHOWS THE URGENT NEED TO UPDATE AUSTRALIA'S IP

LAWS
via The Conversation on 11/29/2016
URL: http://theconversation.com/medicare-logo-case-shows-the-urgent-need-to-update-
australias-ip-laws-69458
Unlike the US, Australia has only an implied constitutional right to free speech, and copyright
works of the Australian government are protected by ...
JUSTICE DEPARTMENT IGNORES THE BENEFITS OF CONTRACTING FREEDOM

via Heritage by Alden Abbott on 11/29/2016
URL: http://www.heritage.org/research/commentary/2016/11/justice-department-ignores-the-
benefits-of-contracting-freedom
ASCAP and BMI contract with music copyright holders to act as ... Because both ASCAP and
BMI pool copyrighted songs that could otherwise ...
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Joshua L. Simmons
ENTERTAINMENT WEEKLY NAMED IN 'SPIDER-MAN' COPYRIGHT COMPLAINT

URL: http://www.worldipreview.com/news/entertainment-weekly-named-in-spider-man-
copyright-complaint-12662
US magazine Entertainment Weekly (EW) has been targeted in a copyright infringement

complaint by a professional photographer. Steven Ferdman ...
YOUTUBE RIPPING, A COPYRIGHT WILDFIRE

via National Law Review by Annie Dike on 11/30/2016
URL: http://www.natlawreview.com/article/youtube-ripping-copyright-wildfire
Is everything on the internet free? Should it be? Once digitized and uploaded, art can go viral,
which as a content creator, you might think is a good ...
WHERE'S THE FAIR USE? YOUTUBE'S COPYRIGHT PROTECTION SYSTEMS AND

THE REACTION OF CONTENT CREATORS
via The Entertainment, Arts and Sports Law Blog by Robert Marotta on 11/30/2016
URL: http://nysbar.com/blogs/EASL/2016/11/wheres_the_fair_use_youtubes_c.html
With 2016 coming to a close, it is important to take a look back at a movement that was lost to
the noise of the presidential election.
COPYRIGHT OWNERSHIP: JOINT AUTHORS AND OTHER TOPICS

via New York Law Journal by Howard Winter on 11/30/2016
URL: http://www.newyorklawjournal.com/id=1202773489403/Copyright-Ownership-Joint-
Authors-and-Other-Topics
The Copyright Act defines a work as "fixed" in a tangible medium of expression when its ... 2
WILLIAM F. PATRY, PATRY ON COPYRIGHTS §3:22.
DMCA SAFE HARBOR PROTECTION REQUIRES ACTION UNDER NEW COPYRIGHT...

via National Law Review by David O. Johanson & Jane W. Wise on 11/30/2016
URL: http://www.natlawreview.com/article/dmca-safe-harbor-protection-requires-action-under-
new-copyright-regulations
The US Copyright Office has promulgated new regulations that will take effect on December 1,
2016 regarding the "safe harbor" provision of the Digital ...
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JERSEY BOYS' MUSICAL FOUND LIABLE FOR COPYRIGHT INFRINGEMENT

via Wall Street Journal by Pia Catton on 11/30/2016
URL: http://www.wsj.com/articles/jersey-boys-musical-found-liable-for-copyright-infringement-
1480551104
Initially, Ms. Corbello sued Mr. DeVito when she discovered he had registered the copyright for
the manuscript without reflecting his deal with her ...
FANTASY AUTHOR CAN'T ESCAPE INFRINGEMENT-HUNTING IP CASE

Author Sherrilyn Kenyon may keep pursuing almost all of her trademark and copyright
infringement claims against another best-selling fantasy writer, a Tennessee federal judge said
Tuesday, keeping alive all but a claim for unfair competition.
CISCO PRESSES ARISTA EXECS ON INTERFACE CHOICE AT IP TRIAL

Cisco Systems Inc. grilled Arista Networks Inc. executives Wednesday during the third day of
their intellectual property trial on why Arista chose to use Cisco's command-line interface to
create its popular computer networking switch products, raising questions about a practice Cisco
says infringed its copyrights and two patents.
PORSCHE NAMED IN COPYRIGHT SUIT FOR CREATING "FAKE VERSION" OF SONG

TO AVOID PAYING ROYALTIES
URL: http://www.thefashionlaw.com/home/porsche-named-in-copyright-case-for-creating-fake-
version-of-song-to-avoid-paying-royalties
Porsche has been named in a copyright infringement suit for allegedly creating a copied version
of American indie rock band X Ambassadors' hit song ...
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Joshua L. Simmons
December 2016
'JERSEY BOYS' MUSICAL INFRINGES AUTHOR'S COPYRIGHT, SAYS JURY

URL: http://www.worldipreview.com/news/jersey-boys-musical-infringes-author-s-copyright-
says-jury-12669
A jury has ruled that the musical "Jersey Boys" infringed the copyright of a late author who
wrote an autobiography of a band member featured in the ...
RECENT STUDY ON LOST COPYRIGHT ROYALTIES MAY REOPEN WTO CASE ON

SECTION 110 EXEMPTIONS IN U.S.
URL: http://www.ipwatchdog.com/2016/12/01/lost-copyright-royalties-wto-case-section-110-
exemptions/id=75024/
A recent report from French consulting firm PMP Conseil made waves in the media for
indicating that public performance exemptions in U.S. copyright law, such as Section 110
exemptions, cost copyright owners $150 million each year in lost royalties, $44 million of which
is attributable to U.S. copyright owners in Europe. On November 11th, this study was presented
by the International Council of Creators of Music (CIAM) at it's annual conference in London.
CIAM maintains that the U.S. is one of...
EPISODE 11: FAN FILMS

URL: http://www.fordhamiplj.org/2016/12/01/episode-11/
Fan Films! The modern "fan" has consistently created a significant amount of fan works in the
United States. U.S. law is often centrally relevant when determining the legality of fan films and
fiction. Online Editor Anthony Zangrillo and Associate Editor Vincent Barbuto discuss the
current laws governing the use and distribution of these fan works. The podcast touches on
copyrightability of the underlying source work, the derivative work right, and fair use. Popular
examples of fan works discussed include Star Trek, Star Wars, Power Rangers, Venom, and
Punisher.
IMPORTANT CHANGE TO COPYRIGHT SAFE HARBOR

via Law.com by Matthew Hintz & Matthew Savare on 12/1/2016
URL: http://www.law.com/sites/articles/2016/12/01/important-change-to-copyright-safe-harbor/
On Thursday, the Copyright Office mandates a new procedure for online service providers.
Websites, hosting companies, mobile app publishers and ...
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SENATE REPORT ON COPYRIGHT BOARD: A RATIONALE FOR URGENT REVIEW

via Barry Sookman on 12/1/2016
URL: http://www.barrysookman.com/2016/12/01/senate-report-on-copyright-board-a-rationale-
for-urgent-review/
The Report of the Standing Senate Committee on Banking, Trade and Commerce which
examined the operations of the Copyright Board is now available.
THE FUTURE OF IP: THREE LEGAL DILEMMAS FACING VIRTUAL AND

AUGMENTED REALITY PLATFORMS
via Law.com Newswire by Ricci Dipshan on 12/2/2016
URL: http://www.law.com/sites/articles/2016/11/28/the-future-of-ip-three-legal-dilemmas-
facing-virtual-and-augmented-reality-platforms/
From copyright licensing to fair use considerations and patent trolls, intellectual property
technology may run into future legal challenges.
SIX THINGS TO WATCH AS CISCO, ARISTA HEAD TO TRIAL OVER IP

via Law.com Newswire by Scott Graham on 12/2/2016
URL: http://www.law.com/sites/articles/2016/11/23/six-things-to-watch-as-cisco-arista-head-to-
trial-over-ip/
The trial bears similarities to litigation in San Francisco involving Oracle and Google.
CISCO, ARISTA LAWYERS CLASH IN SAN JOSE IP TRIAL

via Law.com Newswire by Ross Todd on 12/2/2016
URL: http://www.law.com/sites/articles/2016/11/28/cisco-arista-lawyers-clash-in-san-jose-ip-
trial/
Cisco accuses its junior rival of deliberate copying. But Arista's lawyer told jurors Monday the
company's success is rooted in better technology.
COPYRIGHT OWNERSHIP: JOINT AUTHORS AND OTHER TOPICS

via Law.com Newswire by Howard Wintner on 12/2/2016
URL: http://www.law.com/sites/articles/2016/11/30/copyright-ownership-joint-authors-and-
other-topics/
Howard Wintner, director of litigation at the Abramson Law Group, discusses copyright
ownership, with an emphasis on joint ownership. A joint work is one "prepared by two or more
authors with the intention that their contributions be merged into inseparable or interdependent
parts of a unitary whole."
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Joshua L. Simmons
SIRIUSXM AGREES TO PAY UP TO $99M IN COPYRIGHT CLASS ACTION BROUGHT

BY TURTLES MEMBERS
URL:
http://www.abajournal.com/news/article/siriusxm_agrees_to_pay_up_to_99m_in_copyright_clas
s_action_brought_by_turtl
Flo and Eddie, members of the '60s rock group the Turtles, have been making the rounds on the
concert circuit as well as in the courts. Photo by Brian ...
PORSCHE NAMED IN COPYRIGHT COMPLAINT OVER SPORTS CAR ADVERT

URL: http://www.worldipreview.com/news/porsche-named-in-copyright-complaint-over-sports-
car-advert-12677
Porsche has been named in a copyright infringement complaint by a US music publisher, in a

case centring on a song called "Jungle". Songs Music ...
PUBLISHER WANTS JUDGMENT ON 'WHOOMP!' RIGHTS OWNERSHIP

via Intellectual Property Law360 by Martin O'Sullivan on 12/2/2016
The Chapter 7 trustee for the music publisher that hit bankruptcy after a $2.2 million judgment
over the song "Whoomp! (There It Is)" has urged a Florida federal judge to declare that it, and
not hip-hop group Tag Team, holds certain copyrights for the song.
DURAN DURAN LOSES CASE, BROUGHT IN BRITAIN, OVER AMERICAN

COPYRIGHTS
via Hollywood Reporter - THR, Esq. by Andrew Flanagan on 12/2/2016
URL: http://www.hollywoodreporter.com/thr-esq/duran-duran-loses-case-brought-britain-
american-copyrights-952271
Judge Richard Arnold found, "not without hesitation," that "any termination notices filed by the
band were voided by these provisions in their contract."
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COPYRIGHT OFFICE RULE CHANGES REQUIRE WEBSITE OWNERS TO TAKE

ACTION...
via National Law Review by Joshua A. Druckerman et al. on 12/2/2016
URL: http://www.natlawreview.com/article/copyright-office-rule-changes-require-website-
owners-to-take-action-to-benefit-dmca
On December 1, the US Copyright Office replaced its directory of designated agents for receipt
of Digital Millennium Copyright Act (DMCA) notices of ...
CALIFORNIA PHOTOGRAPHY STUDIO ACCUSES FLORIDA COMPETITOR OF

via Florida Record by Wadi Reformado on 12/2/2016
URL: http://flarecord.com/stories/511049888-california-photography-studio-accuses-florida-
competitor-of-copyright-infringement
Michael Grecco Productions Inc. of Santa Monica, California, filed a lawsuit Nov. 30 in U.S.
District Court for the Southern District of Florida against ...
CBS SUES YOUTUBER FOR POSTING EPISODES OF 'THE ANDY GRIFFITH SHOW'
URL: http://www.hollywoodreporter.com/thr-esq/cbs-sues-youtuber-posting-episodes-andy-
griffith-show-952257
Sixteen episodes of the series were posted online without permission, according to the suit.
THE "FOCUS ON CREATORS" CAMPAIGN IN CANADA

URL: http://hughstephensblog.net/2016/12/02/the-focus-on-creators-campaign-in-canada
What do Alanis Morissette, Margaret Atwood, Bryan Adams, Marie Claire Blais, Michael Bublé,
Sharon Pollock, Gordon Lightfoot and William Deverell have in common? Yes, they are all
Canadian (eh?)
JAY Z, TIMBALAND ATTORNEYS CALL OUT RACIAL INSENSITIVITY IN "BIG

PIMPIN'" COPYRIGHT APPEAL
URL: http://www.hollywoodreporter.com/thr-esq/jay-z-timbaland-attorneys-call-racial-
insensitivity-big-pimpin-copyright-appeal-952422
The duo won a decade-long copyright battle last fall, but the war isn't over - and it's getting ugly.
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Joshua L. Simmons
CREATORS, DON'T GET FOOLED AGAIN

URL: http://illusionofmore.com/creators-dont-get-fooled-again/
In the current political climate, I imagine many artists, authors, and journalists will continue to
speak up about a wide range of civil rights. While they're at it, they should not forget their own
rights. For five years now, I've ...
AUTHOR ACCUSES AMBLIN PARTNERS OF ALLEGED COPYRIGHT INFRINGEMENT

URL: http://norcalrecord.com/stories/511051270-author-accuses-amblin-partners-of-alleged-
An author is suing Amblin Partners LLC and Amblin Reliance Productions LLC, a California
corporation, citing alleged copyright ...
BURLINGTON STORES NAMED IN LAWSUIT OVER COPYRIGHT INFRINGEMENT OF

TEXTILE DESIGN
URL: http://norcalrecord.com/stories/511048357-burlington-stores-named-in-lawsuit-over-
copyright-infringement-of-textile-design
A textile converter is suing Ambrosia Fashion Group LLC d/b/a Mix Nouveau, Burlington Stores
Inc. and Does 1-10, individuals, ...
EMBEDDING ISN'T COPYRIGHT INFRINGEMENT, SAYS ITALIAN COURT

via Ars TEchnica by Glyn Moody on 12/5/2016
URL: http://arstechnica.co.uk/tech-policy/2016/12/italy-copyright-infringement-website-block/
In the BestWater case, the CJEU held that embedding or framing a video or image from another
website is not copyright infringement if the latter is ...
SOFTWARE PATENT ELIGIBILITY MAY BE INFORMED BY COPYRIGHT LAW

via Law.com Newswire by Gary D. Colby on 12/5/2016
URL: http://www.law.com/sites/articles/2016/12/04/software-patent-eligibility-may-be-
informed-by-copyright-law/
Dissents in two recently decided cases suggest that patent eligibility of "intangible" inventions
finds analogies in copyright eligibility.
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ENFORCING COPYRIGHT WITHOUT HAVING A REGISTRATION CERTIFICATE

via Law.com Newswire by Nancy A. Del Pizzo on 12/5/2016
URL: http://www.law.com/sites/articles/2016/12/04/enforcing-copyright-without-having-a-
registration-certificate/
Failing to register a work and receive a registration certificate has long blocked one whose
copyright has been infringed from filing a lawsuit in addition to the potential loss of other rights.
TWO US COPYRIGHTS OFFICE HEADS DEFEND MARIA PALLANTE

via Digital Music News by Daniel Adrian Sanchez on 12/5/2016
URL: http://www.digitalmusicnews.com/2016/12/05/us-copyrights-office-defend-maria-pallante/
Why exactly did Maria Pallante quit the U.S. Copyrights Office? Artist Rights Watch believes
Google asked Librarian of Congress Carla Hayden to ...
CANADIAN COPYRIGHT REFORM REQUIRES A FIX TO THE FAIR DEALING GAP

via Hill Times by Michael Geist on 12/5/2016
URL: https://www.hilltimes.com/2016/12/05/canadian-copyright-reform-requires-fix-fair-
dealing-gap/90056
If Canada is to re-examine the decision to ratify treaties on the basis that it was all just a wrong
guess, the starting point would be to fix the imbalance ...
DESPITE COPYRIGHT INFRINGEMENT, 'JERSEY BOYS' GROSSES OVER $1 MILLION

via Forbes by Lee Seymour on 12/5/2016
URL: http://www.forbes.com/sites/leeseymour/2016/12/05/despite-copyright-infringement-
jersey-boys-grosses-over-1-million/
Nicolas Dromard, Mark Ballas, Matt Bogart and Drew Seeley of Broadway''s JERSEY BOYS,
with the real Frankie Valli. (Photo by Michael ...
EX-CISCO CEO TELLS JURY ARISTA IP INFRINGEMENT HURT BIG

via Law360: Technology by Dorothy Atkins on 12/5/2016
URL: https://www.law360.com/technology/articles/869418
Cisco Systems Inc.'s former CEO John T. Chambers told a California federal jury Monday that
Arista Network Inc. executives knew its Ethernet switch technology infringed Cisco's copyrights
and a patent when Arista launched the product line, saying the technology hurt Cisco's image and
revenues "in big ways."
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Joshua L. Simmons
US TO HOLD PUBLIC MEETING ON COPYRIGHT MARKETPLACE

The US Department of Commerce's internet policy taskforce is holding a public meeting to

discuss ways to promote a collaborative online marketplace ...
ONLINE SERVICE PROVIDERS - IMPORTANT UPDATE - COPYRIGHT SAFE HARBOR

via National Law Review by Sudip K. Mitra & Michael J. Turgeon on 12/6/2016
URL: http://www.natlawreview.com/article/online-service-providers-important-update-
copyright-safe-harbor
In order to qualify for safe harbor protection (which is no liability for copyright infringement
resulting from its users or user-sourced content), service ...
CISCO EXEC SAYS HE WAS RELUCTANT TO SUE ARISTA

via Law.com Newswire by Ross Todd on 12/6/2016
URL: http://www.law.com/sites/articles/2016/12/05/cisco-exec-says-he-was-reluctant-to-sue-
arista/
Attorney John Desmarais stepped in Monday to handle testimony from Cisco's longtime CEO
John Chambers in the company's IP trial against Arista Networks.
COPYRIGHT STILL ESSENTIAL TO ECONOMIC FUTURE

URL: http://illusionofmore.com/copyright-still-essential-to-economic-future/
There is a lot of anxiety about jobs these days and with good reason. The subject of trade has a
lot of people on edge, and we're only just beginning to talk seriously about the very real prospect
of automation ...
YOUTUBE TELLS RECORD LABELS IT IS ALREADY PAYING THEM ENOUGH

via Fortune by Mathew Ingram on 12/6/2016
URL: http://fortune.com/2016/12/06/youtube-record-industry/
... as Apple Music license music directly, whereas YouTube provides a share of the revenue from
ads that are posted alongside copyrighted content.
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A LOOK AT THE POST-'VOGUE' DE MINIMIS WORLD

via Inside Counsel by Stan Soocher on 12/6/2016
URL: http://www.insidecounsel.com/2016/12/06/a-look-at-the-post-vogue-de-minimis-
world?slreturn=1481487801
VMG Salsoul alleged infringement of both its "Love Break" song and sound recording
copyrights. But the district court granted summary judgment for ...
CHARMING CHARLIE ACCUSED OF USING COPYRIGHTED MOON PENDANT

DESIGN
URL: http://norcalrecord.com/stories/511049245-charming-charlie-accused-of-using-
copyrighted-moon-pendant-design
Charming Charlie accused of using copyrighted Moon Pendant design ... According to the
complaint, the plaintiff alleges it has a copyright for the ...
UNICOLORS INC. FILES SUIT AGAINST GARMENT VENDORS OVER ALLEGED

URL: http://norcalrecord.com/stories/511049253-unicolors-inc-files-suit-against-garment-
vendors-over-alleged-copyright-infringement
A Vernon company claims its copyrighted fabrics were ...
JAY-Z RESPONDS TO 'BIG PIMPIN' COPYRIGHT APPEAL

URL: http://www.worldipreview.com/news/jay-z-responds-to-big-pimpin-copyright-appeal-
12702
Attorneys for rappers Jay-Z and Timbaland have replied to an appeal filed against a copyright
infringement decision last year. The reply was filed at ...
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Joshua L. Simmons
PROPOSED EU COMMISSION COPYRIGHT REFORM DETRIMENTAL TO AUTHORS,

CEIPI SAYS
URL: http://www.ip-watch.org/2016/12/07/proposed-eu-commission-copyright-reform-
detrimental-authors-ceipi-says/
According to the Centre for International Intellectual Property Studies, the proposed European
Commission copyright reform is detrimental to authors' interests, and contrary to the objective of
creating a single digital market.
MAN WHO SUED OVER DYLAN THOMAS COPYRIGHT MUST PAY COSTS OF FAILED
ACTION
via Irish Times by Ray Managh on 12/7/2016
URL: http://www.irishtimes.com/news/crime-and-law/courts/circuit-court/man-who-sued-over-
dylan-thomas-copyright-must-pay-costs-of-failed-action-1.2896794
Welshman Haydn Price, who holds the copyright of a number of Dylan Thomas photographs,
was ordered by a judge on Wednesday to pay the legal ...
9TH CIRC. FREEZES ORACLE COPYRIGHT INJUNCTION AGAINST RIMINI

Shooting down objections from Oracle USA Inc., the Ninth Circuit has granted Rimini Street
Inc. an emergency request to stay a permanent injunction while the software maintenance firm
appeals an $88 million copyright trial loss.
US CONGRESS SEEKS SMALL CLAIMS TRACK FOR COPYRIGHT CLAIMS

URL:
http://www.theregister.co.uk/2016/12/08/congress_wants_small_claims_track_for_copyright_cla
ims/
The House of Congress has published plans backed by both main US parties to reform the
Copyright Office - and it wants your views. Amongst the ...
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FIRST PROPOSAL FOR COPYRIGHT REFORM ARRIVES, EMPHASIZES

CONGRESSIONAL ROLE
URL: http://www.billboard.com/articles/business/7616384/first-proposal-copyright-reform-
emphasizes-congressional-role
have released a proposal that would give the U.S. Copyright Office more autonomy, although it
would stay in the Legislative Branch of government.
EPISODE 12: ARE SPOILERS PROTECTED BY COPYRIGHT?

URL: http://www.fordhamiplj.org/2016/12/08/episode-12/
SPOILER ALERT! Online Editor Anthony Zangrillo and Staff Member Sophia Murashkovsky
discuss whether spoilers are protected by copyright.
YOUTUBE REACHES SETTLEMENT OVER SONGWRITING ROYALTIES

URL: http://www.nytimes.com/2016/12/08/business/media/youtube-reaches-settlement-over-
songwriting-royalties.html
The settlement with the National Music Publishers' Association, a trade group, is said to be
worth more than $40 million.
COMING IN 2017: REFORMS TO COPYRIGHT LAW AND THE COPYRIGHT OFFICE

URL: http://patentlyo.com/patent/2016/12/reforms-copyright-office.html
First proposal: While keeping the Copyright Office within the Legislative Branch, separate it
from the Library of Congress. I have previously suggested the more dramatic action of joining
the Copyright Office with the Patent & Trademark Office to allow for better coordination of
rights.
LAWMAKERS UNVEIL 1ST POLICY PROPOSAL OF COPYRIGHT REVIEW

House Judiciary Committee Chairman Bob Goodlatte, R-Va., and Ranking Member John
Conyers Jr., D-Mich., unveiled the first policy proposal to emerge from the committee's
yearslong review of U.S. copyright law Thursday, which they said will modernize the U.S.
Copyright Office and equip it to deal with the challenges of the 21st century.
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Joshua L. Simmons
MASNICK MAKES A HASH OF FAIR USE & CENSORSHIP

URL: http://illusionofmore.com/masnick-makes-a-hash-of-fair-use-censorship/
In an effort to conflate president-elect Trump's rhetoric on censoring the press with copyright
protection, Mike Masnick at Techdirt accuses the Newspaper Association of America of seeking
to "whittle down" fair use. He further says this will only leave journalists vulnerable to ...
U.S. CHAMBER APPLAUDS COPYRIGHT MODERNIZATION EFFORTS

via Global Intellectual Property Center by Laura Crist on 12/8/2016
URL: http://www.theglobalipcenter.com/u-s-chamber-applauds-copyright-modernization-efforts/
U.S. Chamber of Commerce Global Intellectual Property Center Executive Vice President Mark
Elliot released the following statement praising a copyright review proposal announced today by
House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member John
Conyers, Jr. (D-Mich.):
3RD CIRC. WON'T REVIVE USHER 'BAD GIRL' COPYRIGHT ROW

The Third Circuit refused to revive a songwriter's battle over pop artist Usher's track "Bad Girl,"
on Thursday affirming the trial court's finding that the bard couldn't sue for infringement because
he shared the copyright with the defendants.
PHOTOGRAPHER DROPS SUIT AGAINST TRUMP OVER SKITTLES IMAGE

The photographer who accused President-elect Donald J. Trump's campaign of copyright

infringement after his son's infamous use of an image of a bowl of Skittles is dropping the suit
after the matter was "amicably resolved," his attorney told Law360 on Thursday.
CFP: COPYRIGHT USER RIGHTS AND ACCESS TO JUSTICE CONFERENCE -

ONTARIO, CA
via Legal Scholarship Blog by Samuel Williams on 12/8/2016
URL: http://www.legalscholarshipblog.com/2016/12/08/cfp-copyright-user-rights-and-access-to-
justice-conference-ontario-ca/
The University of Windsor Faculty of Law is hosting the Copyright User Rights and Access to
Justice Conference on May 18-19, 2017 in Ontario, Canada. Those wishing to submit a paper to
- 686 -
the conference must submit an abstract by Jan. 31, 2017. For more information, please contact
pascale.chapdelaine[@]uwindsor.ca.
LAWMAKERS UNVEIL FIRST OF COPYRIGHT REFORMS

via zzzGoogle Alert - Copyright by [AUTHOR] on 12/8/2016
URL: https://www.google.com/url?rct=j&sa=t&url=http://variety.com/2016/biz/news/copyright-
bob-goodlatte-john-conyers-
1201937610/&ct=ga&cd=CAIyGmRiMzg0NjE4MWQxMGU1MGI6Y29tOmVuOlVT&usg=A
FQjCNE7hFPUUjrHIXL0ZVr8-aCCR4kKnQ
The proposal also would subject the Register of Copyrights to a nomination and consent process,
with a 10-year term limit subject to renomination.
CONGRESS PROPOSES REFORMS TO MODERNISE US COPYRIGHT OFFICE

URL: http://variety.com/2016/biz/news/copyright-bob-goodlatte-john-conyers-1201937610/
A Congress committee has revealed a set of proposed reforms aimed at modernising the US
Copyright Office to "meet the challenges of the 21st ...
COPYRIGHT INDUSTRIES BRING $1.2 TRILLION TO THE US

Copyright industries contribute $1.2 trillion to the US economy and employ 5.5 million workers,
according to a new report from the International ...
OPEN SOURCE SOFTWARE A CORE COMPETENCY FOR EFFECTIVE TECH M&A

via Intellectual Property Watch by Mark Kesslen & John Wintermute on 12/9/2016
URL: http://www.ip-watch.org/2016/12/09/open-source-software-core-competency-effective-
tech-ma/
Imagine your company just acquired its competitor for $100 million. Now imagine the
company's most important asset - its proprietary software - is subject to third-party license
conditions that require the proprietary software to be distributed free of charge or in source code
form.
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Joshua L. Simmons
THE TRUE VALUE OF COPYRIGHT

URL: http://www.theglobalipcenter.com/the-true-value-of-copyright/
There's plenty of intangible value inherent in one of our nation's constitutionally protected
property right's - copyright. Copyright fosters creativity: the creativity at the heart of our favorite
songs, movies, books, and artwork.
CONGRESSIONAL PANEL CALLS FOR INDEPENDENT COPYRIGHT OFFICE

via Washington Post by Peggy McGlone on 12/9/2016
URL: https://www.washingtonpost.com/news/arts-and-
entertainment/wp/2016/12/09/congressional-panel-calls-for-independent-copyright-office/
Federal lawmakers are calling for an independent Copyright Office that would be led by a
Register nominated by the president and confirmed by the ...
COPYING TEXTS FOR STUDY DOESN'T VIOLATE COPYRIGHT'

via The Times of India by Abhinav Gargi on 12/9/2016
URL: http://timesofindia.indiatimes.com/city/delhi/Copying-texts-for-study-doesnt-violate-
copyright/articleshow/55901900.cms
"The next exercise done by the teacher or the teachers would require eclectic selection of reading
material and this would be the copyrighted works.
3RD CIRCUIT UPHOLDS USHER COPYRIGHT RULING, SANCTIONS ON LAWYER

via Retuers by Barbara Grzincic on 12/9/2016
URL: http://www.reuters.com/article/copyright-usher-idUSL1N1E41GR
The 3rd U.S. Circuit Court of Appeals said songwriter Daniel Marino had no claim for copyright
infringement even though "Bad Girl" was derived from ...
JUDICIARY COMMITTEE LEADERS FLOAT COPYRIGHT OFFICE AUTONOMY

URL: https://www.bna.com/judiciary-committee-leaders-n73014448379/
Bloomberg BNA's Patent Trademark & Copyright Law Daily(tm)is the IP ... Goodlatte and
Conyers also proposed making the register of copyrights ...
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CLINICAL RESEARCH COMPANY ACCSUES CANADIAN COMPETITOR OF

via Florida Record by Jenie Mallari-Torres on 12/9/2016
URL: http://flarecord.com/stories/511055669-clinical-research-company-accsues-canadian-
competitor-of-copyright-infringement
A Canadian clinical research company that does business in Orange County, Florida, is suing a
Canadian competitor that also has ...
REPS. JUDY CHU AND LAMAR SMITH INTRODUCE SMALL CLAIMS REFORM FOR
CREATORS
via Texas Insider on 12/9/2016
URL: http://www.texasinsider.org/reps-judy-chu-and-lamar-smith-introduce-small-claims-
reform-for-creators/
The small claims system is intended to help individual artists and creators more easily pursue
copyright infringement claims, many of which of are for ...
FAIR USE SHIELDS ARISTA FROM CISCO IP CLAIMS, JURY HEARS

A computer engineering professor hired as an expert by Arista Network Inc. testified before a
California federal jury on Friday that its Ethernet switch technology is shielded from Cisco
System Inc.'s copyright and patent infringement claims by fair use, saying Arista automated
Cisco's technology and only used "a fraction" of Cisco's interface commands.
TIME TO TAKE COPYRIGHTS SERIOUSLY

via New Times by Mwene Kalinda & Kigali Girl on 12/9/2016
URL: http://www.newtimes.co.rw/section/article/2016-12-10/206126/
If not, we shall soon be feeling the heat from major trade partners whose companies' copyrights
and brand names, Rwanda-based counterfeiters or ...
APPLICATION OF PROBLEMATIC CJEU RULING ON COPYRIGHT INFRINGEMENT

BY HYPERLINKS IS GETTING OUT OF HAND
URL: http://www.fosspatents.com/2016/12/application-of-problematic-cjeu-ruling.html
The European Union, which is already dysfunctional in some even more important regards,
threatens to become the world's craziest, most innovation-hostile copyright jurisdiction.
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Joshua L. Simmons
PHOTOGRAPHER SUES LAW FIRM FOR ALLEGED COPYRIGHT INFRINGEMENT

via Florida Record by Wadi Reformado on 12/10/2016
URL: http://flarecord.com/stories/511047174-photographer-sues-law-firm-for-alleged-copyright-
infringement
According to the complaint, the plaintiff alleges that he suffered damages from having his
copyrighted images used without permission. The plaintiff ...
BMI HAS BEEF WITH STEAK RESTAURANT IN COPYRIGHT CLAIM

URL: http://www.worldipreview.com/news/bmi-has-beef-with-steak-restaurant-in-copyright-
claim-12718
US-based performing rights organisation Broadcast Music Inc (BMI) has sued a California steak
restaurant for copyright infringement. BMI filed its ...
YOUTUBE AND NMPA REACH ROYALTY DEAL

YouTube and the National Music Publishers' Association (NMPA) have negotiated an agreement
to distribute royalties for music used in videos where ...
MICROSOFT FILES IP INFRINGEMENT SUIT DESPITE EARLIER INJUNCTION

URL: http://www.worldipreview.com/news/microsoft-files-ip-infringement-suit-despite-earlier-
injunction-12720
It argued that MCS infringed its copyright and trademarks, falsely designated the origin of
MCS's products, falsely advertised its products and violated ...
JUDGE ALLOWS COPYRIGHT CASE ON 'WE SHALL OVERCOME' TO MOVE

FORWARD, SONG MAY BE IN PUBLIC DOMAIN
URL: http://www.ipwatchdog.com/2016/12/12/judge-we-shall-overcome-copyright/id=75426/
On Monday, November 21st, a judge in the U.S. District Court for the Southern District of New
York (S.D.N.Y.) issued a decision allowing a copyright case involving the well-known spiritual
song and 20th century civil rights anthem "We Shall Overcome" to go forward. At the center of
this case is the question of whether or not "We Shall Overcome" is part of the public domain in
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the United States, and the recent decision by S.D.N.Y. Judge Denise Cote indicates that the song
could in fact be public...
WILL ONE JUDGE ALLOW PRICE GOUGING OF MUSIC COPYRIGHTS?

via The Hill by Edward Woodson on 12/12/2016
URL: http://thehill.com/blogs/congress-blog/judicial/309904-will-one-judge-allow-price-
gouging-of-music-copyrights
Music is of great importance to American culture. Plato once said that it "gives soul to the
universe, wings to the mind, flight to the imagination, and ...
REBOOTING THE COPYRIGHT OFFICE'S REGISTERED AGENT DATABASE

via Intellectual Property Law360 by Kevin P. Dermody on 12/12/2016
One of the major benefits of the Digital Millennium Copyright Act is that website owners can
gain the protection of the DMCA's safe harbor provisions by registering a DMCA agent with the
United States Copyright Office. The safe harbor allows a copyright holder to notify a website
operator that the copyright holder's protected material was uploaded to the website and is being
infringed. That website owner can avoid liability by removing the copyright-infringing material
from its website after being notified. In the past, once a website...
AUCTION HOUSES FACE OFF IN WEBSITE DATA SCRAPING LAWSUIT

via The Republic by Ula Ilnytzky on 12/12/2016
URL: http://www.therepublic.com/2016/12/12/us-auction-database-copyright-lawsuit/
Dallas-based Heritage Auctions announced the lawsuit on Monday. It accuses London-based

Christie's of copyright infringement, computer fraud and ...
U.S. CHAMBER PRAISES NEW WHITE HOUSE REPORT HIGHLIGHTING NEED FOR IP
ENFORCEMENT AND AWARENESS
URL: http://www.theglobalipcenter.com/u-s-chamber-praises-new-white-house-report-
highlighting-need-for-ip-enforcement-and-awareness/
David Hirschmann, president & CEO of the U.S. Chamber of Commerce's Global Intellectual
Property Center, today released the following statement on the Obama administration's 2016
Joint Strategic Plan (JSP) on Intellectual Property Enforcement . . . .
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Joshua L. Simmons
WHITE HOUSE REPORT URGES BETTER ENFORCEMENT OF IP LAW

The White House issued a report Monday calling for better enforcement of copyrights online,
more thorough searches for counterfeit goods at the border and more interagency cooperation in
the enforcement of intellectual property law.
HOLLYWOOD STUDIOS WIN INJUNCTION AGAINST STREAMER VIDANGEL

URL: http://www.hollywoodreporter.com/thr-esq/hollywood-studios-win-injunction-streamer-
vidangel-955565
VidAngel gives users the ability to filter language, nudity and violence from films and television
shows.
CISCO SAYS ARISTA'S 'BLATANT' COPYING MERITS $335M FROM JURY

via Law360: Technology by Dorothy Atkins on 12/12/2016
URL: https://www.law360.com/technology/articles/871587
Cisco Systems Inc. told a California federal jury during closing arguments Monday that rival
technology company Arista Networks Inc. owes it up to $335 million for "blatantly" copying its
user-interface commands to create its popular computer networking switch products, saying fair
use doesn't shield Arista from copyright and patent infringement claims.
JUDGE ORDERS VIDANGEL TO SHUT DOWN

via Variety by Gene Maddaus on 12/12/2016
URL: http://variety.com/2016/biz/news/vidangel-shut-down-copyright-violation-1201940368/
filed suit in June, accusing VidAngel of violating their copyrights. On Monday, Judge Andre
Birotte granted the studios' request for an injunction, ...
HOLLYWOOD STUDIOS SHUT DOWN STREAMING SITE VIDANGEL

The major Hollywood film studios won a preliminary injunction Monday shutting down a
website called VidAngel, which allows users to edit films to remove nudity and violence.
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VIDANGEL, 'CLEAN' VIDEO-STREAMING SERVICE, SHUT DOWN BY COURT OVER

COPYRIGHT INFRINGEMENT: REPORT
via Washington Times by Ken Shepherd on 12/13/2016
URL: http://www.washingtontimes.com/news/2016/dec/13/vidangel-christian-video-streaming-
service-shut-do/
Image from a promotional video for VidAngel, a streaming video service that filters out
objectionable material. On Dec. 12, a federal judge ordered the ...
A FREE PRESS NEEDS TO BE EXPENSIVE

URL: http://illusionofmore.com/a-free-press-needs-to-be-expensive/
As a follow-up to my last post, I see that the Electronic Frontier Foundation has (not
surprisingly) also accused the News Media Alliance (NMA) of petitioning the incoming
administration to "weaken fair use doctrine" and, by extension, threaten press freedom ...
OBAMA ADMINISTRATION RELEASES 3-YEAR IP ENFORCEMENT PLAN

The Obama administration released on Monday a three-year strategic plan for coordinating
multi-agency regulatory and enforcement agendas for the protection of intellectual property,
emphasizing the need for cross-border coordination by industry members and all levels of
government.
HOLLYWOOD SHUTS DOWN 'FILTERING SERVICE' IN COPYRIGHT BATTLE

via The Recorder by Amanda Bronstad on 12/13/2016
URL: http://www.therecorder.com/home/id=1202774604782/Hollywood-Shuts-Down-Filtering-
Service-in-Copyright-Battle
A startup that provides a technology that filters movies for profanity, violence and other
objectionable content has vowed to take a copyright battle ...
VIDEO FILTERING SERVICE VIDANGEL PLAYS 'CREATIVE' WITH THE LAW, LOSES
INJU...
URL: http://www.reuters.com/article/us-otc-vidangel-idUSKBN1422WC
On Monday, he granted a preliminary injunction to stop VidAngel from copying or streaming

copyrighted materials. The judge said the service does not ...
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Joshua L. Simmons
2ND CIRC. WON'T RECONSIDER DMCA REPEAT-INFRINGER DECISION

The Second Circuit declined to reconsider a decision reviving a $48 million jury verdict against
defunct music website MP3Tunes LLC on Tuesday in favor of Capitol Records Inc. and other
music companies, despite arguments the ruling could "eviscerate" the Digital Millennium
Copyright Act's safe harbor.
MICROSOFT HITS 'PROLIFIC' FAKE SOFTWARE SELLER WITH IP SUIT

Microsoft Corp. hit the owners of the Software King website with a lawsuit in Washington
federal court on Tuesday accusing them of copyright and trademark infringement and false
advertising, calling the company among the "most prolific sellers of counterfeit Microsoft
software on the internet."
CISCO V. ARISTA AWAITS A JURY VERDICT UNDER THE ORACLE V. GOOGLE

SHADOW
URL: http://arstechnica.com/tech-policy/2016/12/cisco-v-arista-awaits-a-jury-verdict-under-the-
oracle-v-google-shadow/
For the second time this year, two technology giants have clashed in a no-holds-barred legal
contest, and the outcome is now in the hands of a Bay Area jury.
JURY CLEARS ARISTA IN CISCO'S $335M IP INFRINGEMENT SUIT

A California federal jury handed Arista Networks Inc. victory Wednesday in a $335 million
copyright and patent infringement suit brought by Cisco Systems Inc., finding Arista's popular
Ethernet switches are shielded from infringement claims by the scenes a faire doctrine.
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ARISTA BEATS CISCO'S $335M COPYRIGHT CLAIM WITH AN UNUSUAL DEFENSE

URL: http://arstechnica.com/tech-policy/2016/12/jury-clears-arista-of-ciscos-335m-copyright-
claim/
After a two-week trial, a San Jose jury has cleared Arista Networks of allegations that it
infringed copyrights and patents belonging to Cisco Systems.
JURY RULES FOR ARISTA IN CISCO COPYRIGHT CASE

via WSJ.com: Technology by Don Clark on 12/14/2016
URL: http://www.wsj.com/articles/jury-rules-for-arista-in-cisco-copyright-case-1481750072
A federal jury sided with Arista Networks Inc. in a closely watched copyright case brought by
Cisco Systems Inc. against its upstart rival in the networking equipment market.
RIAA, NEWSPAPERS ASK TRUMP TO LIMIT FAIR USE, TOUGHEN COPYRIGHT

URL: http://arstechnica.com/tech-policy/2016/12/riaa-newspapers-ask-trump-to-limit-fair-use-
toughen-copyright/
President-elect Donald Trump is meeting today with some of Silicon Valley's top business
leaders. Ahead of that meeting, content companies sent letters letting Trump know that they're
hoping to see some changes to copyright laws in the near future-changes that technology
companies, large and small, are likely to object to.
JURY REJECTS CISCO'S DAMAGES CLAIM AGAINST ARISTA

URL: http://www.itworld.com/article/3150787/networking/jury-rejects-ciscos-damages-claim-
against-arista.html
Cisco Systems suffered a major defeat in its long legal fight against rival Arista Networks on
Wednesday when a federal court jury rejected its demand for damages.
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Joshua L. Simmons
AUSTRALIAN ISPS TO BLOCK PIRACY SITES FROM THE POCKET OF CONTENT

OWNERS
via ZDNet by Asha McLean on 12/14/2016
URL: http://www.zdnet.com/article/australian-isps-to-block-piracy-sites-from-the-pocket-of-
content-owners/
Under these changes to the Copyright Act, ISPs are required to block known piracy sites within
15 days, displaying a message to customers it has ...
JURY RULES IN FAVOUR OF ARISTA IN PATENT DISPUTE WITH CISCO

URL: http://www.worldipreview.com/news/jury-rules-in-favour-of-arista-in-patent-dispute-with-
cisco-12736
A jury has found in favour of Arista Networks in a long-running patent and copyright dispute
with technology company Cisco. Cisco originally sued ...
AAP CONGRATULATES TRUMP, PUSHES IP ENFORCEMENT

URL: http://www.publishersweekly.com/pw/by-topic/digital/copyright/article/72302-aap-
congratulates-trump-pushes-ip-enforcement.html
"Whether operating on a commercial or non-profit basis, publishers' reliance on their ability to

secure adequate copyright protection and effective ...
CAPITOL RECORDS TAKES PRE-1972 DMCA BATTLE TO HIGH COURT

Capitol Records kicked off a closely watched U.S. Supreme Court appeal Wednesday over a
ruling that said federal law shields sites like YouTube from liability even for pre-1972 recordings
that are governed by state law, saying it stripped song owners of rights.
JUSTIN BIEBER, SONGWRITERS END $10M 'SOMEBODY' IP ROW

Justin Bieber, Universal Music Corp. and Def Jam Recordings have resolved copyright
infringement allegations brought by a pair of songwriters who accused the pop star of ripping off
the hit song "Somebody to Love," according to a dismissal motion in Virginia federal court on
Thursday.
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SUPREME COURT ASKED IF DMCA SAFE HARBORS APPLY TO PRE-1972 SOUND

RECORDINGS
URL: http://www.hollywoodreporter.com/thr-esq/supreme-court-asked-dmca-safe-harbors-
apply-pre-1972-sound-recordings-956725
Capitol Records is taking its dispute with Vimeo to the high court.
US FINDS EXISTING COPYRIGHT LAW SUITED FOR SOFTWARE EMBEDDED IN

EVERYDAY PRODUCTS
URL: http://www.ip-watch.org/2016/12/16/us-finds-existing-copyright-law-suited-software-
embedded-everyday-products/
The United States Copyright Office has released a study that finds that existing copyright laws
are sufficient to cover issues arising over software embedded in everyday consumer products.
But it does call for some flexibility for consumers to tinker with their devices.
LIBRARIAN CRITICS PROVE NEED FOR INDEPENDENT COPYRIGHT OFFICE

URL: http://illusionofmore.com/librarian-critics-prove-need-for-independent-copyright-office/
On December 8th, the House Judiciary Committee announced its first policy proposal since
beginning its review of the copyright law in the Summer of 2013. Among these early
recommendations is that the Copyright Office should operate independent of the Library ...
PRENDA LAW "COPYRIGHT TROLLS" STEELE AND HANSMEIER ARRESTED

URL: http://arstechnica.com/tech-policy/2016/12/breaking-prenda-law-copyright-trolls-steele-
and-hansmeier-arrested/
The two lawyers said to be the masterminds behind Prenda Law, Paul Hansmeier and John
Steele, have been arrested and charged with a multimillion-dollar extortion scheme.
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Joshua L. Simmons
INTERPRETATION OF DIGITAL MILLENNIUM COPYRIGHT ACT ALARMS SERVICE

PROVIDERS
via New York Law Journal by Neil J. Rosini & Michael I. Rudell on 12/16/2016
URL: http://www.newyorklawjournal.com/home/id=1202774945629/Interpretation-of-Digital-
Millennium-Copyright-Act-Alarms-Service-Providers
It not only endorses the plaintiffs' key copyright infringement claims against ... to infringing
activity involving entire categories of copyrighted works.
RECORD LABEL URGES SUPREME COURT TO HEAR APPEAL OVER 'GOLDEN

OLDIES'
URL: http://www.mediapost.com/publications/article/291328/record-label-urges-supreme-court-
to-hear-appeal-ov.html
Capitol Records is seeking to take its seven-year copyright battle with Vimeo over user-uploaded
clips to the U.S. Supreme Court. The dispute centers ...
FED INDICT LAWYERS BEHIND PRENDA LAW 'PORNO-TROLLING' SCHEME

via National Law Journal by Scott Graham on 12/16/2016
URL: http://www.nationallawjournal.com/id=1202774995742/Fed-Indict-Lawyers-Behind-
Prenda-Law-PornoTrolling-Scheme
Two lawyers who participated in an infamous scheme of copyright trolling have been indicted on
federal fraud, perjury and money laundering charges.
OWNERS OF PRINCE'S COPYRIGHTS SUE ROC NATION, OWNED BY JAY Z

URL: http://www.ipwatchdog.com/2016/12/17/prince-copyrights-sue-roc-nation-jay-z/id=75879/
Entities owning the copyrights to music created by the late pop star Prince had filed suit against
Roc Nation, the entertainment company owned by rapper Jay Z, which is affiliated with the
streaming music service Tidal. Plaintiffs NPG Records and NPG Music Publishing allege that
Tidal and Roc Nation have engaged in copyright infringement by adding a series of 15
unauthorized Prince albums to the Tidal catalog this June. The case is filed in the U.S. District
Court for the District of...
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HIGH HOPES FOR BLOCKCHAIN FOR DIGITAL COPYRIGHT PROTECTION

via Intellectual Property Watch by Bruce Gain on 12/19/2016
URL: http://www.ip-watch.org/2016/12/19/high-hopes-blockchain-digital-copyright-protection/
Blockchain platforms could help solve some copyright ownership issues for content sharing. But
whether the technology lives up to its promise remains to be seen.
VIDANGEL APPEALS AGAINST INJUNCTION WON BY HOLLYWOOD STUDIOS

URL: http://www.worldipreview.com/news/vidangel-appeals-against-injunction-won-by-
hollywood-studios-12747
He also ordered the studios to put up a $250,000 bond, while stopping VidAngel from
circumventing the protection on the copyrighted works, copying ...
LIBRARIAN WANTS TO CROWDSOURCE SEARCH FOR REGISTER?

URL: http://illusionofmore.com/librarian-crowdsources-register/
I know I just wrote about the Copyright Office. But right after publishing Friday's post, I saw
that Librarian Hayden did a rather inscrutable thing. She had the LOC publish a three-question
survey, using Survey Monkey, seeking public comment on ...
KANYE WEST MUST FIGHT $2.5M IP SUIT IN NY, COURT TOLD

A Hungarian musician who lodged a copyright infringement suit against Kanye West over a
sample in his 2013 hit "New Slaves" told a federal court on Friday that the artist can't argue that
New York is an inconvenient forum since he obviously lives, records and performs there.
PHOTOGRAPHER ACCUSES EBAY OF COPYRIGHT INFRINGEMENT FOR USING HIS

PHOTOGRAPHS WITHOUT PERMISSION
URL: http://norcalrecord.com/stories/511060070-photographer-accuses-ebay-of-copyright-
infringement-for-using-his-photographs-without-permission
Photographer accuses eBay of copyright infringement for using his ... and Does 1 through 10,
business entities, citing alleged copyright infringement.
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Joshua L. Simmons
THE PIRATES WHO STOLE CHRISTMAS

URL: http://hughstephensblog.net/2016/12/19/the-pirates-who-stole-christmas
At this time of year it is appropriate to blog on a seasonal theme.
FILM STUDIOS SAY VIDANGEL'S ANTITRUST CLAIM A 'DISTRACTION'

The major Hollywood film studios on Monday slammed claims by VidAngel that the web
service - which allows users to edit films to remove nudity and violence - has been victimized by
a film-industrywide conspiracy, telling a California federal judge that VidAngel's antitrust
counterclaim is a poorly researched "distraction" from the studios' copyright suit.
NY HIGH COURT SHOOTS DOWN PRE-1972 SONG CASE AGAINST SIRIUS

New York's highest appeals court ruled Tuesday that radio companies like SiriusXM need not
pay to play so-called pre-1972s recordings over the air, a huge reversal in a years-long effort by
record labels and artists to win new royalties from the old tracks.
NEW YORK APPEALS COURT RULES NO PUBLIC PERFORMANCE RIGHTS IN PRE-

1972 SOUND RECORDINGS
URL: http://www.hollywoodreporter.com/thr-esq/new-york-appeals-court-reverses-big-decision-
pre-1972-sound-recordings-957856
In a big victory for SiriusXM and a major setback for owners of older sound recordings, a lower
court's decision is reversed.
BEYONCE SUED OVER 'DRUNK IN LOVE' MUSIC VIDEO

URL: http://www.billboard.com/articles/columns/pop/7632273/beyonce-sued-drunk-in-love-
music-video
This past September, a federal judge in New York dismissed the lawsuit, saying Walker had
waited too long to bring his copyright claim and that the ...
- 700 -
LIBRARIANS' CONTRADICTORY LETTER REVEALS AN ALARMING IGNORANCE OF

THE COPYRIGHT SYSTEM
URL: http://mistercopyright.org/librarians-contradictory-letter-reveals-an-alarming-ignorance-
of-the-copyright-system
On December 14th, a group of librarians sent a letter to Congress explaining why they believe
the Copyright Office should remain under the control of the Library of Congress.
AUSTRALIAN PUBLISHING IS LOSING THE COPYRIGHT FIGHT

via Publishers Weely by Ed Nawotka on 12/20/2016
URL: http://www.publishersweekly.com/pw/by-topic/industry-news/financial-
reporting/article/72365-australian-publishing-is-losing-the-copyright-fight.html
Australia's long fight over opening the book market to parallel imports may be finally coming to
an end, but not one for which publishers and authors ...
TMZ ENTANGLED IN BOXING COPYRIGHT BRAWL

URL: http://www.worldipreview.com/news/tmz-entangled-in-boxing-copyright-brawl-12758
Celebrity gossip website TMZ has found itself entangled in a copyright claim centring on video
footage of an interview with US boxer Elliot Seymour.
PRE-1972 RECORDINGS DENIED PROTECTION IN NEW YORK

URL: http://www.worldipreview.com/news/tmz-entangled-in-boxing-copyright-brawl-12758
... has all but killed off hopes for a court resolution to the issue of a right to control public
performances of pre-1972 copyrighted sound recordings.
NEW YORK STOPS THE LITIGIOUS SPRAWL OF PRE-1972 SOUND COPYRIGHTS

URL: http://arstechnica.com/tech-policy/2016/12/new-york-stops-the-litigious-sprawl-of-pre-
1972-sound-copyrights/
There are no federal copyrights in sound recordings from before 1972, but some states have
granted copyrights in those works.
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Joshua L. Simmons
STUDIOS SAY VIDANGEL IS IGNORING COPYRIGHT INJUNCTION

Disney and the other major Hollywood studios told a California federal judge Tuesday internet
streaming service VidAngel, which allows users to edit films to remove nudity and violence, is
"defying" an injunction and continuing to violate copyright law.
TOP 10 COPYRIGHT RULINGS OF 2016

When it came to copyright rulings, 2016 saw a U.S. Supreme Court decision, big-time jury
verdicts involving Google and Led Zeppelin, several major decisions on music law, and more.
To get you up to speed for the start of the new year, here are the top 10 copyright decisions from
the year that was.
LAWSUIT THREATENS ANASTASIA'S BROADWAY DEBUT

via Forbes by Marc Hershberg on 12/21/2016
URL: http://www.forbes.com/sites/marchershberg/2016/12/21/lawsuit-threatens-anastasias-
broadway-debut/
Copyright law does not cover historical facts or ideas. Anyone can create a musical about the
Russian princess Anastasia, or the idea of a girl who ...
U.S. CHAMBER STATEMENT ON USTR NOTORIOUS MARKETS LIST

URL: http://www.theglobalipcenter.com/u-s-chamber-statement-on-ustr-notorious-markets-
report/
David Hirschmann, president & CEO of the U.S. Chamber of Commerce's Global Intellectual
Property Center, today released the following statement in response to the release of the 2016
Notorious Markets List from United States Trade Representative (USTR) Michael Froman:
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2016 USTR LIST OF 'NOTORIOUS' MARKETS: STREAM RIPPING, TAOBAO AND

SWITZERLAND
URL: http://www.ip-watch.org/2016/12/21/switzerland-rises-ustr-list-notorious-markets-ipr-
infringing-goods/
The United States Trade Representative's office today released its annual "notorious markets" for
intellectual property-infringing goods, with a list of 21 online and 12 physical markets
worldwide. Many of the online sites are based across Europe, including several in Switzerland,
but also in Russia and China as in the past. A big feature is China's Taobao, and new methods
like stream ripping.
TECH GROUPS WARN AGAINST EU COPYRIGHT RULE

via The Hill by Ali Breland on 12/21/2016
URL: http://thehill.com/policy/technology/311419-tech-groups-warn-against-eu-copyright-rule
Many feel "safe harbor" protections of internet companies that house copyrighted material are
unfairly blocking their revenue streams. Tags Penny ...
USTR REPORT NAMES NEW INTERNATIONAL PIRACY DANGERS

Stream-ripping sites and piracy apps are two growing dangers to international enforcement of
intercultural property law, United States trade officials said in a report released Wednesday.
VIDANGEL KEEPS STREAMING, DEFYING JUDGE'S ORDER AND ENRAGING

STUDIOS
via Variety by Gene Maddaus on 12/21/2016
URL: http://variety.com/2016/digital/news/vidangel-lives-defies-judge-order-studios-enraged-
1201946873/
It's been more than a week since a judge ordered VidAngel, the family-friendly streaming
service, to shut down pending a trial for copyright ...
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Joshua L. Simmons
VIDANGEL STRUGGLING TO STAY IN BUSINESS AMID ACCUSATION OF DEFYING

INJUNCTION
URL: http://www.hollywoodreporter.com/thr-esq/vidangel-struggling-stay-business-accusations-
defying-injunction-958580
The chief executive at the streaming upstart points fingers at Apple and Roku and describes a
potential "customer-relations nightmare."
SYNOPSYS GETS INJUNCTION IN COPYRIGHT SUIT AGAINST ATOPTECH

Software company Synopsys won its request for a permanent injunction against ATopTech over
command set elements when a California federal judge issued a ruling Monday that ordered
ATopTech to stop selling and producing certain products.
STAIRWAY' ATTY SAYS 'KANGAROO COURT' CONSPIRED AGAINST HIM

The Pennsylvania attorney who unsuccessfully sued Led Zeppelin over the song "Stairway to
Heaven" earlier this year is claiming at the state Supreme Court that his recent suspension from
practice for ethics violations in another copyright case was the result of a "kangaroo court" that
had reached a "preordained" conclusion.
U.S. AGAIN LABELS ALIBABA 'NOTORIOUS MARKET' FOR KNOCK-OFFS

via Bloomberg by Selina Wang & Lulu Yilun Chen on 12/21/2016
URL: https://www.bloomberg.com/news/articles/2016-12-21/u-s-again-labels-alibaba-a-
notorious-market-for-knock-offs
In October, the company said it had tightened policies against copyright infringement and made
it easier for brands to request fakes be removed.
RESELLER DENIED FEES FROM WILEY AFTER HIGH COURT REMAND

Textbook publisher John Wiley & Sons will not have to pay attorneys' fees to textbook reseller
Supap Kirtsaeng, a New York federal judge said Wednesday, six months after the U.S. Supreme
Court clarified the circumstances for fee awards under the Copyright Act and remanded the case.
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WHY THE DMCA NEEDS TO BE MODERNIZED

via Inside Counsel by Viroopax Mirii & Sunil Gregory on 12/21/2016
URL: http://www.insidecounsel.com/2016/12/21/why-the-dmca-needs-to-be-
modernized?slreturn=1482728048
It has been 18 years since the Digital Millennium Copyright Act (DMCA), .... notices are then
created to prevent the illegal use of copyrighted content.
VIDANGEL CEO OUTLINES CONCERNS OVER COPYRIGHT INJUNCTION

URL: http://www.worldipreview.com/news/vidangel-ceo-outlines-concerns-over-copyright-
injunction-12765
The CEO of online streaming website VidAngel has outlined his company's compliance
problems with an injunction won by Hollywood studios.
IP WORLD ENTERS NEW YEAR WITH MAJOR SHIFT OF PEOPLE IN PHARMA,

COPYRIGHT
URL: http://www.ip-watch.org/2016/12/22/ip-world-enters-new-year-major-shift-people-
pharma-copyright/
As a new year dawns, a lot of movement has been observed in the pharmaceutical industry with
new key players taking the lead. Meanwhile, new delegates are covering IP issues in Geneva,
and coordination of regional groups at the World Intellectual Property Organization makes its
usual yearly shift for 2017. The copyright industry also saw major changes, and law offices have
been busy hiring new partners.
DEFEAT FOR TURTLES IN SIRIUS XM COPYRIGHT CASE

URL: http://courthousenews.com/defeat-for-turtles-in-sirius-xm-copyright-case/
Dealing a blow to musicians scrambling for royalties in the digital-music era, New York's
highest court sketched out defeat for an ...
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Joshua L. Simmons
DESIGNER SAYS CHER COPIED TYPEFACE FOR ALBUM COVER

A graphic designer on Wednesday hit pop icon Cher with a $5 million suit in New York federal
court over the logo design for her 2013 album "Closer to the Truth," claiming the script lettering
that spells out her name is obviously a rip-off from one of his own designs.
JUDGE RULES PARODY LOUIS VUITTON BAGS DON'T INFRINGE COPYRIGHT

via Daily News by Barbara Ross on 12/22/2016
URL: http://www.nydailynews.com/new-york/nyc-crime/judge-rules-parody-louis-vuitton-bags-
don-infringe-copyright-article-1.2920498
The tote bags are sold by a company called My Other Bag, which Louis Vuitton claimed was
diluting its trademark and violating its copyright protection.
JUDGE AGAIN DENIES ATTORNEYS' FEES IN TEXTBOOK COPYRIGHT CASE

URL: http://www.reuters.com/article/ip-kirtsaeng-fees-idUSL1N1EH1VB
A federal judge in Manhattan has denied used-textbook importer Supap Kirtsaeng's motion for
attorneys' fees for defeating a copyright infringement ...
WE SHALL OVERCOME'-IS IT FREE AT LAST?

via New York Law Journal on 12/22/2016
URL: http://www.newyorklawjournal.com/id=1202775414009/We-Shall-Overcome8212Is-It-
Free-at-Last
Under this standard, the court found that plaintiffs had "plausibly alleged that the first verse of
the copyrighted work 'We Shall Overcome' lacks ...
MARVIN GAYE FAMILY DEFENDS 'BLURRED LINES' TRIAL OUTCOME TO APPEALS

COURT
URL: http://www.hollywoodreporter.com/thr-esq/marvin-gaye-family-defends-blurred-lines-
trial-outcome-appeals-court-958705
The family of Marvin Gaye doesn't believe that Robin Thicke and Pharrell Williams should get a
do-over of the "Blurred Lines" trial.
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AUSTRALIA SHOULD ADOPT FAIR USE EXCEPTION, SAYS PRODUCTIVITY

COMMISSION
URL: http://www.worldipreview.com/news/australia-should-adopt-fair-use-exception-says-
productivity-commission-12767
One recommended improvement is the introduction of a system of user rights for copyright,
including the fair use exception, similar to the system ...
PRESIDENT OBAMA'S IP ADVISOR TALKS REFORM EFFORTS AND A NEW

ADMINISTRATION
URL: http://www.hollywoodreporter.com/thr-esq/president-obamas-ip-advisor-talks-reform-
efforts-a-new-administration-936404
It's easier than ever to distribute creative works and ensure art is seen - but it's also easier than
ever for those works to be shared illegally - and the Copyright Act that protects authorship was
written in a time when the technology that people now use to access content didn't exist.
NO PERFORMANCE RIGHT FOR OLDIES UNDER NEW YORK STATE LAW

URL: https://www.bna.com/no-performance-right-n73014449047/
Bloomberg BNA's Patent Trademark & Copyright Law Daily(tm)is the IP industry's premier
news service, offering objective, timely,and reliable daily ...
REAL 'GLEE' SHOW CHOIR DIRECTOR BEATS SONG STEALING SUIT

URL: http://www.hollywoodreporter.com/thr-esq/real-glee-show-choir-director-beats-song-
stealing-suit-959070
The real-life New Directions' leader is singing a happy tune following a Thursday decision.
COPYRIGHT DOWN UNDER: THE YEAR THAT WAS, IN THE LAND OF "OZ"
URL: http://hughstephensblog.net/2016/12/24/copyright-down-under-the-year-that-was-in-the-
land-of-oz
It has been an "interesting" year for copyright "down under" in Australia; "interesting" in the
sense of challenging and troublesome, but also with some glimmers of light and hope.
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Joshua L. Simmons
JOHN WILEY & SONS V KIRTSAENG

URL: http://nysbar.com/blogs/EASL/2016/12/john_wiley_sons_v_kirtsaeng.html
On December 21st, Judge Cote (SDNY) denied Kirtsaeng's motion for attorneys' fees following
the Supreme Court's reversal of the Second Circuit's prior decision, which had affirmed the
District Court's initial rejection of Kirtsaeng's motion.
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VII. JOURNAL OF THE COPYRIGHT SOCIETY OF THE USA
Vol. 63, No. 2 (Spring 2016)
ART RESALE ROYALTY OPTIONS

by Herbert I. Lazerow
A federal resale royalty law that would require payments from the reseller of art to an artist when
her work is resold is under consideration. This article analyzes provisions that might be
contained in such a law with comparisons to Australia, England, France and California.
THE IMPACT OF SPECIFIC EXCEPTIONS ON FAIR USE: AN UPDATE

by Jonathan Band
In 2012, I published a law review article where I argued that when a defendant engages in the
type of activity permitted by a specific exception under the Copyright Act, but does not qualify
for a technical reason, the court should give weight to the defendant's substantial compliance
with the exception when considering the first fair use factor (the purpose and character of the
use). In adopting a specific exception, Congress recognized the strong public policy interest in
permitting the use in cases meeting the exception's requirements. Significantly, the same public
policy interest still exists in cases where many, but not all, of the exceptions' requirements are
met. While the existence of a specific exception should not be dispositive of the fair use analysis,
I argued that it should have a positive influence on the first fair use factor. Since then, both the
Second Circuit and the Register of Copyrights have given substantial weight to specific
exceptions in the context of consideration of the first fair use factor.
JUSTIFICATIONS, FOCI, AND IMPACT FACTORS OF ANTI-PIRACY ENFORCEMENT

IN CHINA
by Haiyan Liu
This article analyzes the various contextual and industry-level technological, economic, and
political factors contributing to rampant piracy in China and the unexpected consequences and
obstacles for implementing the copyright laws transplanted into China. The institutional and
bureaucratic obstacles to tackling piracy for copyright administrative agencies include a lack of
institutional capacity, multiple responsibilities without copyright enforcement as the priority,
conflicts among agency responsibilities, and duplicate enforcement accountability of various
agencies. Meanwhile, an increasing number of copyright holders have found it more useful to
seek civil remedies in court.
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Joshua L. Simmons
TECHNOLOGICAL NEUTRALITY AS A MAJOR FACTOR IN THE VALUATION OF

COLLECTIVE RIGHTS UNDER CANADIAN LAW
by Andrea Rush & Brian Lau
When multiple rights are simultaneously engaged by a user, the exercise of each right typically
requires a copyright license. In the public interest, valuation of rights which are administered on
a collective basis entails consideration of "technological neutrality." A precedential decision
rendered by the Supreme Court of Canada, Canadian Broadcasting Corp. v. SODRAC 2003,
Inc., (CBC V. SODRAC) clarifies that, absent parliamentary intent to the contrary, the Canadian
Copyright Act should not be interpreted or applied to favor or discriminate against any particular
form of technology. Markers are articulated for assessing technological neutrality, which include
the user's contribution to the technology. The majority decision of the Court explains how
jurisdiction is shared between the courts and the Copyright Board. The Copyright Board
proceedings allocate a value for the rights to be administered on a collective basis. Ultimately,
each user may choose whether or not to secure a license, and the effect of the user's choice may
or may not lead to infringement proceedings.
FIRST SALE RIGHTS AT SCOTUS: REGARDING KIRTSAENG V. JOHN WILEY & SONS
by Michael Einhorn, Ph.D.
In the case of Kirtsaeng v. John Wiley & Sons, Inc., the U.S. Supreme Court in 2013 heard a
matter involving the conflict of importation rights now controlled by a book publisher (John
Wiley) and first sale rights of one of its purchasers, Sudip Kirtsaeng. Kirtsaeng was a graduate
student studying in the U.S. who opened up a small business importing low cost textbooks from
his native Thailand and reselling them at much higher prices in the U.S. Wiley contended that
Kirtsaeng's distributions of the book were subject to its exclusive importation rights and not
subject to the first sale doctrine that presumably applied only to domestic productions. In a hotly
contested decision, the Supreme Court reversed the Second Circuit to hold that the first sale
doctrine extended to distributions of copies of copyrighted works originally and lawfully
produced outside of U.S. borders. The Court here extended its earlier ruling in Quality King
Distributors Inc., v. L'anza Research International, Inc., and so eviscerated the publisher's
distribution right in relation to the resale of any imported book.
CHARLES DICKENS AND THE INTERNATIONAL COPYRIGHT LAW

by Thomas Hoeren
A new era of International Copyright Law started when the United States of America joined the
Revised Berne Convention (RBC) in 1988, which established that the protection of creative
achievements should no longer depend on legal formalities. Instead, every author in the U.S.
was able to enjoy a minimum protection of his, her or its rights, regardless of the author's
nationality or compliance with copyright formalities. At that time, nobody could foresee that
Charles Dickens, a preeminent English author, was finally granted his rights posthumously.
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VIII. COPYRIGHT LAW JOURNAL ARTICLES
January 2016
ART AND INDIAN COPYRIGHT LAW: A STATUTORY READING

by Nandita Saikia on 2/17/15
A look at how the Indian Copyright Act, 1957, as amended in 2012, interacts with art (other than
films and sound recordings), and, in particular, with Indian art. The first part of this text
comprises a feminist and post-colonial reading of the Indian copyright statute while later parts
focus on interpreting the provisions of the statute in relation to art.
ECONOMIC ANALYSIS OF COPYRIGHT NOTICE: TRACING AND SCOPE IN THE

DIGITAL AGE
in Boston University Law Review by Peter S. Menell on 1/4/16
Notice of preexisting rights plays a critical role in resource planning. This article focuses on the
history, role, institutions, costs, and efficacy of notice within the domain of expressive creativity.
It distinguishes between two sets of copyright notice challenges: tracing of copyright ownership
and assessing the scope of copyright protection. Tracing issues – linking copyrighted works to
subsistence information about the works and contact information about their owners – are largely
solvable through implementation of existing and developing technological means (such digital
content recognition), international standardization, and reform of obsolete legal rules, most
notably Berne Convention limits on formalities. The inherent uncertainty surrounding copyright
scope, however, stands in the way of copyright notice nirvana – a transparent database of fully
specified copyright resources and reliable tools for determining liability exposure ex ante. Unlike
tracing of subsistence and ownership information, current or foreseeable technology alone cannot
solve the problem of forewarning the public of the precise boundaries of copyright interests.
Nonetheless, other notice-failure based adjustments to the copyright system can ameliorate scope
clarity concerns. Such reforms would enhance copyright notice, ensure copyright protection, and
promote cumulative creativity.
THE LAW OF BANKSY: WHO OWNS STREET ART?

in University of Chicago Law Review by Peter N. Salib on 1/6/16
Street Art -- generally, art that is produced on private property not owned by the artist and
without permission--has entered the mainstream. Works by such artists as Banksy, Jean-Michel
Basquiat, and Shepard Fairey now sell at the world's most prestigious auction houses, fetching
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Joshua L. Simmons
prices in the millions. Strangely, however, the law governing street art ownership is entirely
undeveloped. The circumstances of street art's creation--often involving artists' clandestine
application of their work to the sides of buildings owned by others--render traditional legal
paradigms governing ownership intractable. If Banksy paints a valuable mural on the side of my
house, who owns it? Me? Banksy? Someone else? American law is currently ill-equipped to
answer the question.
This article rigorously investigates the problem of street art ownership. It accounts for the
unusual circumstances of street art creation and distribution. It then considers the possible legal
regimes for governing street art ownership and comes to a surprising recommendation.
THREE NOTICE FAILURES IN COPYRIGHT LAW

in Boston University Law Review by Annmarie Bridy on 1/3/16
In Notice Failure and Notice Externalities, Peter Menell and Michael Meurer explore how notice
failures resulting from the fuzzy boundaries of intellectual property entitlements produce
negative externalities for developers of new resources, particularly in the information technology
sector, where the problem of uncertain patent scope is widely recognized. This article takes a
different tack on notice failures and their costs. Shifting focus from resource development to
rights enforcement, specifically online anti-piracy enforcement, it considers the nature, effects,
and means of correcting three instances of notice failure in copyright law. The first two instances
— “red flag” knowledge under the Digital Millennium Copyright Act (DMCA) and ex parte
domain name seizures under the Prioritizing Resources and Organization for Intellectual
Property (PRO-IP) Act — involve a legislative failure to appreciate that notice is necessary for
the production of predictable and fair legal outcomes. The third instance of notice failure —
injunctions against nonparty online intermediaries in civil “pirate site” cases — involves a
judicial failure to appreciate that notice alone does not give courts jurisdiction over strangers to
the litigation before them. Each of these notice failures is associated with a different aspect of
copyright enforcement in the digital environment. All of them raise operating costs and increase
legal risk for a wide range of online intermediaries, including search engines, cloud storage
services, social media platforms, domain name registrars, payment processors, ad networks, and
content delivery networks (CDNs).
IP LITIGATION IN UNITED STATES DISTRICT COURTS - 2015 UPDATE

by Matthew Sag on 1/5/16
In a previous paper, "IP Litigation in United States District Courts: 1994 to 2014", I undertook a
broad-based empirical review of Intellectual Property litigation in U.S. federal district courts
from 1994 to 2014. This brief update extends that data to include the year 2015.
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This update contains new data on: (1) the overall state of copyright, patent and trademark
litigation, (2) copyright litigation and the John Doe phenomenon, (3) the continuation of the
patent litigation explosion and (4) the geographic distribution of copyright, patent and trademark
litigation. This Update is not intended as a stand-alone article, it should be read in conjunction
with the previous paper.
February 2016
REVISION: HOW COPYRIGHT DRIVES INNOVATION: A CASE STUDY OF

SCHOLARLY PUBLISHING IN THE DIGITAL WORLD
in Michigan State Law Review by Adam Mossoff on 2/4/2016
URL: http://www.ssrn.com/abstract=2243264
Today, copyright policy is framed solely in terms of a trade off between the benefits of
incentivizing authors to create new works and the losses from restricting access to those works.
This is a mistake that has distorted the policy and legal debates concerning the fundamental role
of copyright within scholarly publishing, as the incentive-to-create conventional wisdom asserts
that copyright is unnecessary for researchers who are motivated for non-pecuniary reasons. As a
result, commentators and legal decision-makers dismiss the substantial investments and
productive labors of scholarly publishers as irrelevant to copyright policy. Furthermore,
widespread misinformation about the allegedly "zero cost" of digital publication exacerbates this
policy distortion.
This paper fills a gap in the literature by providing the more complete policy, legal and economic
context for evaluating scholarly publishing. It details for the first time the $100s of millions in ex
ante investments in infrastructure, skilled labor, and other resources required to create, publish,
distribute and maintain scholarly articles on the Internet and in other digital platforms. Based on
interviews with representatives from scholarly publishers, it reveals publishers' extensive and
innovative development of digital distribution mechanisms since the advent of the World Wide
Web in 1993. Even more important, this paper explains how these investments in private-
ordering mechanisms reflect fundamental copyright policy, as copyright secures to both authors
and publishers the fruits of their productive labors. In sum, copyright spurs both authors to invest
in new works and publishers to invest in innovative, private-ordering mechanisms to distribute
these works. Both of these fundamental copyright policies are as important today in our fast-
changing digital world as they were in yesteryear's world in which publishers distributed
scholarly articles in dead-tree format.
THE BEGINNING OF A (HAPPY?) RELATIONSHIP: COPYRIGHT AND FREEDOM OF

EXPRESSION IN EUROPE
in E.I.P.R. by Bernd Justin Jütte on 9/15/15
The relationship between the right to freedom of expression and copyright at European level has
only recently been addressed in two cases, one before the European Court of Human Rights
(Ashby Donald v France) and one before the Court of Justice of the EU (Deckmyn v
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Joshua L. Simmons
Vandersteen). The relationship between both fundamental rights is analysed by comparing the
approaches of both European courts in striking the balance between both fundamental rights.
Both courts have, so far, not given either right priority over the other, and both continue to grant
Member States a wide margin of discretion to strike the balance at the national level.
UNAVOIDABLE AESTHETIC JUDGMENTS IN COPYRIGHT LAW: A COMMUNITY OF

PRACTICE STANDARD
in Nw. U. L. Rev. by Robert Kirk Walker & Ben Depoorter on 2/4/16
Aesthetic judgments are “dangerous undertakings” for courts, but they are unavoidable in
copyright law. In theory, copyright does not distinguish between works on the basis of aesthetic
values or merit (or lack thereof), and courts often go to great lengths to try to avoid artistic
judgments. In practice, however, implicit aesthetic criteria are deeply embedded throughout
copyright case law. The questions “What is art?” and “How should it be interpreted?” are
inextricably linked to the questions “What does copyright protect?,” “Who is an author?,” “What
is misappropriation?,” and many other issues essential to copyright. Although courts rarely (if
ever) explicitly adhere to aesthetic principles in their decisions, the judicial logic used in
copyright cases closely mirrors three major aesthetic theories: Formalism, Intentionalism, and
Reader-Response. Unfortunately for courts, these theories are largely incompatible. Furthermore,
none are sufficiently expansive to cover the variety of practices contained within a single artistic
tradition, let alone the panoply of expressive mediums protected by copyright law. As a result,
doctrinal inconsistencies abound (both inter- and intra-circuit), and the case law largely fails to
provide clear guidance as to the scope of protection — and risk of liability — associated with
different artistic practices. This Article examines how courts have applied aesthetic theories to
resolve doctrinal issues concerning copyright eligibility, derivative works, useful articles, and
statutory fair use. Based on this analysis, this Article argues that courts should adopt a uniform
approach to aesthetic judgments from the perspective of a hypothetical “Community of Practice”
capable of situating an expressive work in a specific artistic context.
REVISION: COPYRIGHT AND FREE EXPRESSION IN CHINA'S FILM INDUSTRY

in Fordham Intellectual Property, Media & Entertainment Law Journal by Eric Priest on
12/17/15
This Article analyzes whether copyright, which creates private rights in original expression and
is therefore a legal tool for restricting the dissemination of information, exacerbates or undercuts
state censorship in China’s film industry. Recent scholarship suggests that copyright law
reinforces China’s oppressive censorship regime because both copyright and state censorship
erect legal barriers around expressive works. The theory that copyright enhances censorship in
China, however, overlooks the immense tension between state attempts at information control
and market-supported information production made possible by copyright. This Article
demonstrates that the Chinese government does not wield unchecked, top-down control over
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China’s film industry because censorship policy and practice are profoundly influenced by
complex interlocking power relationships between the audience, producers, and censoring
authorities. These relationships result in a constant dialog between these groups that leads to
concessions on all sides. Market-backed private producers meaningfully influence censorship
policy because they are key players in this power dynamic with sufficient leverage to counter the
censors’ formidable heft. Drawing from political science literature on Chinese economic reform,
this Article provides a theoretical basis for arguing that selective enforcement of censorship
rules, combined with (or indeed driven by) market forces and economic realities, can lead to
meaningful (albeit not absolute) liberalization and reform of the formal rules. The transformative
power of copyright and commercialization is limited: it is not a panacea that will fully defang or
obliterate censorship policies or trigger democratic reform. Nevertheless, market demands and
filmmakers’ need to satisfy those demands provide a counterbalance to state censorship that can,
does, and will continue to erode censorship practices and increase expressive diversity in
Chinese media.
CAUSING COPYRIGHT
in Columbia Law Review by Shyamkrishna Balganesh on 2/23/2016
Copyright protection attaches to an original work of expression the moment it is created and
fixed in a tangible medium. Yet, modern copyright law contains no viable mechanism by which
to examine whether someone is causally responsible for the creation and fixation of the work.
Whenever the issue of causation arises, copyright law relies on its preexisting doctrinal devices
to resolve the issue, in the process cloaking its intuitions about causation in altogether extraneous
considerations. This Article argues that copyright law embodies an unstated, yet distinct theory
of authorial causation, which connects the element of human agency to a work of expression
using the myriad goals and objectives of the copyright system. This theory of causation is best
realized through an independent requirement — of copyrightable causation — that the creator of
a work will need to satisfy in order to qualify as its author for copyright protection. Much like
copyright’s theory of authorial causation, the requirement would embody both a factual
dimension (creation in fact) and a normative component (legal creation). The former would
examine the connection between the work and the putative author as a purely epistemic matter,
while the latter would do so through an evaluative understanding of copyright’s myriad goals and
policies. The Article unpacks the structural and substantive foundations of authorial causation in
copyright law, and argues that making it a new requirement for protection would introduce a
measure of coherence and rationality into the question of copyrightability, while simultaneously
allowing copyright law to overtly affirm and promote its various institutional ideals.
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Joshua L. Simmons
PROPERTY, INTELLECTUAL PROPERTY, AND SOCIAL JUSTICE: MAPPING THE

FRONTIER
in Brigham-Kanner Property Rights Conference Journal by Peter S. Menell on 2/26/2016
Professor Joseph Singer’s property scholarship explores the human, cultural, social, and
distributive dimensions of property law. Using his body of work as a springboard, this article
explores the cross-currents flowing between intellectual property and social justice. Part I
examines the limitations of tangible property theory as a frame for understanding intellectual
property policy. Part II distinguishes between internal, largely utilitarian, analysis of particular
modes of intellectual property protection and the external interplay of intellectual property
systems and broader social justice concerns. Part III explores the macro interplay of intellectual
property and inequality, gender and racial inclusion, and global justice challenges, highlighting
complexities, tensions, and paradoxes.
March 2016
UNDERSTANDING COPY RIGHT

by Cameron J. Hutchison on 2/19/16
At its core, copyright is about protecting the author’s right to copy. Traditionally, this meant that
an author had control over, and profited from the sale of, copies of the expressive content of her
work (consumptive copies). The digital revolution has created a demand for a new kind of
copying, specifically as a raw material input into technological processes. These copies facilitate
activities such as internet communication or the storage and retrieval of data but are not per se
consumed for the expressive content of the work involved (non-consumptive copies). Copyright
law has never encountered this kind of copying before. On the one hand, lower courts have
reflexively assumed that such non-consumptive copying triggers the reproduction right. On the
other hand, exceptions to this rule have been carved out for specific types of non-consumptive
copying. The response of the Supreme Court on both of these fronts has lacked rigor. First, it has
not applied a purposive analysis to determine whether non-consumptive copying was intended to
trigger the right to copy (or reproduction right). Second, exceptions carved out by the court,
culminating in the decision in CBC v. SODRAC (SODRAC), now appear piecemeal and
irreconcilable with other forms of non-consumptive copying that do trigger the reproduction
right.
This paper is a reaction to the decision in CBC v. SODRAC, in which the promise of the
principle of technological neutrality as a means of rationalizing copyright holder rights in the
digital realm failed to materialize. That decision, and how it relates to other digital copy case law
from the Supreme Court over the past dozen years, should prompt us to re-think the
fundamentals of the right to copy. In part I, after summarizing the majority and dissent
judgments in SODRAC, I identify four elements of confusion in the Supreme Court’s treatment
of digital copying: (1) vacillation between ordinary meaning and purposive approaches to
interpreting the Copyright Act (Act) (2) uncertainty about the principle of technological
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neutrality and when it should be applied (3) a failure to identify the relevant attributes that justify
differential treatment of the various kinds of digital copying and (4) the value now placed on
copying as an input to a technological process and not just for the work’s expressive use. In part
II, I propose a principled (though not perfect) framework for both distinguishing between
different forms of digital copying – consumptive or non-consumptive use – and connecting this
to a purposive interpretation of the right to copy. The thesis is that the right to copy only applies
when there is end user access to the expression of a work.
INTRODUCTION TO: FROM MAIMONIDES TO MICROSOFT: THE JEWISH LAW OF

COPYRIGHT SINCE THE BIRTH OF PRINT (OXFORD UNIVERSITY PRESS 2016)
in Maimonides to Microsoft by Neil Weinstock Netanel on 2/23/16
In this book, Neil Netanel traces the historical development of Jewish copyright law. In so doing,
he compares rabbinic reprinting bans with secular and papal book privileges and relays the
stories of dramatic disputes among publishers of books of Jewish learning and liturgy, beginning
with the early sixteenth century and continuing until today. He describes each dispute in its
historical context and examines the rabbinic rulings that sought to resolve it. Remarkably, the
rabbinic reprinting bans and copyright rulings address some of the same issues that animate
copyright jurisprudence today: Is copyright a property right or just a right to receive fair
compensation? How long should copyrights last? What purposes does copyright serve? While
Jewish copyright law has borrowed from its secular counterpart at key junctures, it fashions
strikingly different answers to those key questions.
MOVING MUSIC LICENSING INTO THE DIGITAL ERA: MORE COMPETITION AND
LESS REGULATION
by Thomas M. Lenard & Lawrence J. Whiste on 12/4/15
The system for licensing music in the United States for public performances through radio,
television, digital services and other distribution media is complicated, arcane and heavily
regulated. Its basic structure is oriented toward transmitting music through analog channels.
Although much of the pricing of music rights is supposed to be based on competitive prices, the
current interdependent system of collective licensing of performing rights and widespread
regulation of music prices (royalties) is inconsistent with the development of a competitive
market and the associated efficiencies.
Collective licensing by a handful of performing rights organizations (PROs) provides the major
rationale for price regulation. However, the existence of price regulation has entrenched
collective licensing and the position of those PROs. A more competitive system entails moving
away from collective licensing.
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Joshua L. Simmons
In this paper we review the current structure of the music licensing system and suggest ways of
making it more competitive and less reliant on regulation. Central to our proposals are: a) a
comprehensive, standardized database of musical compositions (including the specific sound
recording version, where relevant) and their owners so that distributors and users can readily
identify from whom they need to license rights, along with a “safe harbor” provision that would
provide the appropriate incentives for rights owners to contribute their information to the
database; b) a greater ability of intermediaries to aggregate the various categories of music
ownership rights; and c) the consequent development of more competitive negotiations and
transactions between music rights holders and music distributors.
COPYRIGHT ACCIDENTS
in Boston University Law Review by Oren Bracha & Patrick Russell Goold on 3/16/16
It is a deeply entrenched principle that copyright infringement does not require fault. The Article
reexamines this principle in the context of “copyright accidents.” Copyright accidents occur
when ex ante it is not certain whether a proposed use will result in copyright infringement. In
cases where the copyright status of a work is unclear, where the preferences of the copyright
owner are reasonably in doubt, or where the copyist is unaware she is copying, there is merely a
risk that a proposed use will infringe the right. And troublingly, the measures that any party
could take to reduce that risk – for example searching for the copyright information – impose
costs. Such copyright accidents are ubiquitous, but they are invisible to copyright law. The law
has no doctrinal or conceptual mechanism for dealing with them. In such circumstances the
question becomes, should liability require fault?
To answer this question we apply the well-developed theoretical framework of tort law to
copyright accidents. Typically, tort law deals with the problem of accidental harm through the
application of negligence rules. Such rules incentivize both potential injurers and victims to
invest optimally in prevention. This Article argues that copyright accidents should likewise be
governed by a negligence rule. Employing a negligence rule in copyright is justified by both
efficiency and other consequence-oriented normative theories of copyright. Doing so would
incentivize both the copyright owner and user to take optimal measures to avoid copyright
accidents. We demonstrate how simple changes to the fair use doctrine could implement a
negligence rule in copyright and thus solve the copyright accident problem. This in turn would
positively affect numerous real world controversies, such as the problems of mass digitization,
orphan works, and copyright triangles.
THE COPY PROCESS

in New York University Law Review by Joseph Fishman on 3/15/16
There’s more than one way to copy. The process of copying can be laborious or easy, expensive
or cheap, educative or unenriching. But the two intellectual property regimes that make copying
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an element of liability, copyright and trade secrecy, approach these distinctions differently.
Copyright conflates them. Infringement doctrine considers all copying processes equally suspect,
asking only whether the resulting product is substantially similar to the protected work. By
contrast, trade secrecy asks not only whether but also how the defendant copied. It limits liability
to those who appropriate information through means that the law deems improper.
This Article argues that copyright doctrine should borrow a page from trade secrecy by factoring
the defendant’s copying process into the infringement analysis. To a wide range of actors within
the copyright ecosystem, differences in process matter. Innovators face less risk from
competitors if imitation is costly than if it is cheap. Consumers may value a work remade from
scratch more than they do a digital reproduction. Beginners can learn more technical skills from
deliberately tracing an expert’s creative steps than from simply clicking cut and paste. The
consequences of copying, in short, often depend on how the copies are made.
Fortunately, getting courts to consider process in copyright cases may not be as far-fetched as the
doctrine suggests. Black-letter law notwithstanding, courts sometimes subtly invoke the
defendant’s process when ostensibly assessing the propriety of the defendant’s product. While
these decisions are on the right track, it’s time to bring process out into the open. Copyright
doctrine could be both more descriptively transparent and more normatively attractive by
expressly looking beyond the face of a copy and asking how it got there.
PLAGIARISM IS NOT A CRIME

in Duquesne University Law Review by Brian L. Frye on 3/20/16
Copyright infringement and plagiarism are related but distinct concepts. Copyright prohibits
certain uses of original works of authorship without permission. Plagiarism norms prohibit
copying certain expressions, facts, and ideas without attribution. The prevailing theory of
copyright is the economic theory, which holds that copyright is justified because it is
economically efficient. This article considers whether academic plagiarism norms are
economically efficient. It concludes that academic plagiarism norms prohibiting non-copyright
infringing plagiarism are not efficient and should be ignored.
THE LAWYER'S ROLE IN PROMOTING THE USE OF FAIR USE

by Jon M. Garon on 3/8/2016
A third party’s ability to exploit a literary work, photograph, film, song, or database will depend
on the nature of the copyright owner’s work and the third party’s usage. This article provides an
introductory standardization to help lawyers answer questions regarding the contours of
copyright, fair use, and select limitations on copyright in order to provide a simple guide to
reduce a bit of the uncertainty. The purpose is to provide a framework for how a lawyer can
respond to the common question of whether a particular use of copyrighted works is permitted
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Joshua L. Simmons
by a third party and to place the framework for the answer in the context of an opinion letter. In
this way, the third party user will have an answer that can be relied upon when seeking
publication or Errors & Omissions Insurance for distribution and exhibition.
TAKEDOWN AND TODAY'S ACADEMIC DIGITAL LIBRARY

by Brianna L. Schofield & Jennifer M. Urban on 11/15
Fueled by recent public and private efforts to improve access to scholarly works, academic
libraries and archives are increasingly digitizing their special collections and creating online
repositories for scholarly works. This enhanced online presence has increased libraries’ exposure
to takedown requests from rightsholders and other concerned parties. Using survey questions and
interviews, we examined academic libraries’ interaction with both Digital Millennium Copyright
Act (“DMCA”) and non-DMCA takedown notices. We found that academic libraries most
commonly receive non-DMCA takedown requests that are based on non-copyright issues (such
as privacy) or that target materials the library itself has placed online. In general, libraries have
well-developed norms and practices in place to manage these types of requests to remove
material. We also found, however, that formal DMCA notices directed to libraries have
historically been rare, but that this may be changing as open access repositories hosted by
libraries grow. In tracing the recent experience of academic libraries that have received DMCA
takedown notices targeting material in their open access repositories, we found that libraries have
not yet developed norms and practices for addressing these requests. We discuss why this might
be, and suggest steps libraries, publishers, and authors can take to best manage copyright
conflicts while supporting libraries’ missions to preserve and provide access to knowledge.
THE MONKEY SELFIE: COPYRIGHT LESSONS FOR ORIGINALITY IN PHOTOGRAPHS

AND INTERNET JURISDICTION
in Internet Policy Review by Andrés Guadamuz on 3/21/16
In 2011, a macaque monkey used a camera belonging to British photographer David Slater in
Indonesia to take a self-portrait. The selfie picture became famous worldwide after it was
published in the British media. In 2014 Slater sent a removal request to Wikimedia Commons,
which indicated that the picture was in the public domain because it had been taken by the
monkey and animals cannot own copyright works. While most of the legal analysis so far has
been centred around US law, this article takes a completely different approach. Re-assessing
jurisdictional issues, I examine the case from a UK and European perspective. The monkey selfie
is of importance to internet policy: it has a lot to teach us about online jurisdiction. Under current
originality rules, David Slater has a good copyright claim for ownership of the picture.
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THE COPY PROCESS

in New York University Law Review by Joseph Fishman on 3/15/16
There’s more than one way to copy. The process of copying can be laborious or easy, expensive
or cheap, educative or unenriching. But the two intellectual property regimes that make copying
an element of liability, copyright and trade secrecy, approach these distinctions differently.
Copyright conflates them. Infringement doctrine considers all copying processes equally suspect,
asking only whether the resulting product is substantially similar to the protected work. By
contrast, trade secrecy asks not only whether but also how the defendant copied. It limits liability
to those who appropriate information through means that the law deems improper.
This Article argues that copyright doctrine should borrow a page from trade secrecy by factoring
the defendant’s copying process into the infringement analysis. To a wide range of actors within
the copyright ecosystem, differences in process matter. Innovators face less risk from
competitors if imitation is costly than if it is cheap. Consumers may value a work remade from
scratch more than they do a digital reproduction. Beginners can learn more technical skills from
deliberately tracing an expert’s creative steps than from simply clicking cut and paste. The
consequences of copying, in short, often depend on how the copies are made.
Fortunately, getting courts to consider process in copyright cases may not be as far-fetched as the
doctrine suggests. Black-letter law notwithstanding, courts sometimes subtly invoke the
defendant’s process when ostensibly assessing the propriety of the defendant’s product. While
these decisions are on the right track, it’s time to bring process out into the open. Copyright
doctrine could be both more descriptively transparent and more normatively attractive by
expressly looking beyond the face of a copy and asking how it got there.
CREATIVE COMMONS LICENSES: EMPOWERING OPEN ACCESS

by Thomas Margoni & Diane M. Peters on 3/10/16
Open access (OA) is a concept that in recent years has acquired popularity and widespread
recognition. International statements and scholarly analysis converge on the following main
characteristics of open access: free availability on the public Internet, permission for any users to
read, download, copy, distribute, print, search, and link to the full texts of these articles, crawl
them for indexing, pass them as data to software, and use them for any other lawful purpose,
without financial, legal, or technical barriers other than those inseparable from gaining access to
the Internet itself. The only legal constraint on reproduction and distribution, and the only role
for copyright in this domain, should be to give authors control over the integrity of their work
and the right to be properly acknowledged and cited.
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Joshua L. Simmons
THE ELEMENTS OF MUSIC RELEVANT FOR COPYRIGHT PROTECTION

in Concepts of Music and Copyright: How Music Perceives Itself and How Copyright Perceives
Music by Andreas Rahmatian on 12/15/2015
One may argue that copyright law has no genuine understanding of the nature of music as an art
form; it attaches to certain aspects of music which it declares as normatively relevant and thus
ascertains building blocks of the legal protection system. In this way music is considered as an
object of legal transactions, especially as an object of transferable property. This is a result of the
translation process of music into legal categories. This chapter looks at the elements and stages
of this process, starting with sketching out a philosophical discussion of the phenomenon of
music as a basis for copyright protection.
April 2016
CONTENT-BASED COPYRIGHT DENIAL

in Indiana Law Journal by Ned Snow on 11/25/15
No principle of First Amendment law is more firmly established than the principle that
government may not restrict speech based on its content. It would seem to follow, then, that
Congress may not withhold copyright protection for disfavored categories of content, such as
violent video games or pornography. This Article argues otherwise. This Article is the first to
recognize a distinction in the scope of coverage between the First Amendment and the Copyright
Clause. It claims that speech protection from government censorship does not imply speech
protection from private copying. Crucially, I argue that this distinction in the scope of coverage
between copyright and free speech law does not suggest a tension between them. To the
contrary, the distinction enables copyright to further the purpose of free speech under the
marketplace-of-ideas speech theory. Through copyright, Congress may alleviate failures in that
marketplace which stem from individuals determining the value of speech for the collective.
Furthermore, the possibility of Congress abusing this discriminatory power poses relatively
minimal threat to speech because copyright denial does not altogether prevent speakers from
realizing profit from their speech. This fact, coupled with viewpoint-neutrality and rational-basis
restraints, alleviates the usual risks associated with government influencing content in the
marketplace. Additionally, free-speech doctrine leaves room for the sort of discrimination that
Congress would exercise in defining copyright eligibility according to content. Doctrines
governing limited-public forums and congressional funding allow for content discrimination akin
to content-based copyright denial.
RISKY IP
by Andres Sawicki on 2/16
Intellectual property scholars assume that artists and inventors are risk averse. These creators are
thought to prefer a known outcome to an unknown one of equivalent expected value. IP scholars
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therefore frequently argue that legal uncertainty will lead to suboptimal levels of artistic and
inventive work.
This Article challenges IP’s fundamental risk-aversion assumption. Theory and evidence from
the interdisciplinary field of creativity research indicates that a willingness to take risks is an
essential part of the creative personality. As a result, IP scholars should not generally assume that
creators are risk averse; instead, the most plausible starting point is that creators are risk seeking,
either in absolute terms or at least compared to the general population. The creativity literature
also suggests that risk might be an environmental factor facilitating creativity, whether or not
creators themselves prefer it. This possibility demands that IP scholars take a more nuanced
approach to the impact of IP risk than the simplified risk preference approach they have pursued
thus far.
The analysis here has significant implications for many persistent questions in IP law and policy.
It indicates, for example, that uncertain doctrines like the fair use defense in copyright law are
not nearly so problematic as ordinarily assumed. And efforts to make IP more predictable, like
the Supreme Court’s recent opinion in Nautilus v. Biosig, may have hidden costs. Most
fundamentally, the analysis suggests that patents and copyrights — rewards of uncertain value —
are better able to stimulate creativity than more predictable mechanisms like grants or subsidies.
RATIONAL FAITH: THE UTILITY OF FAIRNESS IN COPYRIGHT

in Boston University Law Review by Stephanie Plamondon Bair on 4/5/16
The biggest debate in copyright law is also the most fundamental: for what purpose does
copyright exist? There are two schools of thought about the appropriate answer to this key
question. The first, dominant school focuses on economic efficiency, while the second
emphasizes fairness and other moral concerns. As evidenced by scholarly response to the Blurred
Lines litigation and Mark Lemley’s recent piece, Faith-Based Intellectual Property, proponents
of each school are often at odds with each other. There is little middle ground.
This either/or view of efficiency and moral rights is detrimental to a productive scholarly debate
about the value of copyright. More importantly, it is wrong. Scholars like Jeanne Fromer,
Christopher Buccafusco, and David Fagundes have recently pointed out that moral concerns are
not necessarily inconsistent with, and could in some circumstances even promote utilitarian ends.
Here, I reframe the debate by suggesting that the dichotomy between moral rights and utility
should be abolished altogether. Drawing on insights from neuroscience, psychology, and
organizational behavior, I demonstrate that when it comes to creation, fairness — a moral rights
concern — often is utility in a very real sense. The evidence suggests that treating creators fairly
acts as a powerful motivator for creative work, results in objectively more creative output, and
aligns well with public and legal decision-makers’ moral intuitions. In other words, the most
efficient copyright system is a fair one.
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Joshua L. Simmons
This conclusion has implications for both copyright scholarship and policy. On the scholarship
side, it builds a tangible bridge between utilitarian and moral rights camps. Moral rights
advocates previously accused of a blind faith in the value of fairly administered rights can now
respond that their faith is rational. On the policy side, I explain how novel fairness-enhancing
mechanisms like individualized permissive use and an increased focus on distributive concerns
in applying the fair use doctrine can increase the overall efficiency of the copyright system — a
proposition that should appeal to scholars on both sides of the debate.
JUST COMPENSATION FOR INTELLECTUAL PROPERTY

in Arizona Law Review by Andrew Blair-Stanek on 4/15/16
Intellectual property creates two serious, seemingly unrelated problems that have vexed scholars
and generated significant political and media interest. First, IP creates deadweight losses,
because the exclusive rights granted to IP owners allow them to charge higher prices that keep
some customers out of the market entirely. Second, multinational corporations avoid taxes on a
massive scale by transferring their IP to tax havens.
This Article proposes solving both deadweight losses and tax avoidance simultaneously. The key
is eminent domain. Scholars have long recognized that government could eliminate deadweight
losses by "taking" IP and making it free for anyone to use. The formidable obstacle has long
been determining the "just compensation" required by the Fifth Amendment's Takings Clause.
This Article solves this conundrum by having government take IP, with the "just compensation"
equal to the price used to transfer the IP to a tax haven. This solution passes legal muster, since
tax law requires that IP owners attest (under penalties of perjury) that the prices chosen for such
transfers meet a standard that is identical to the Taking Clause standard for determining "just
compensation." Taking the IP eliminates the deadweight losses, while the threat of taking for
transfer prices deters tax avoidance.
In addition to providing a practical solution to two serious problems, this Article also makes two
significant theoretical contributions. First, it upends the widespread assumption that allowing
property owners to self-assess their potential "just compensation" works only for real property.
Second, it challenges the conventional wisdom that transferring IP to tax havens is always
socially detrimental. This Article's proposal harnesses these tax-avoidance strategies to eliminate
deadweight losses.
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MAKING COPYRIGHT CONTENT AVAILABLE IN THE CLOUD VS THE MAKING OF

COPIES: REVISITING OPTUS TV AND AEREO
in Monash University Law Review by Cheryl Foong on 2015
In the digital environment, the commercialisation of copyright content is increasingly led by

access to content, rather than the provision of copies. Copyright law nevertheless remains fixated
on copies, or more specifically, copyright owners' exclusive reproduction right. This unwavering
fixation on copying blinds us to the potential afforded by the right to make works available to the
public, a broad right introduced in 1996 by the WIPO Internet Treaties to address the interactive
communication channels afforded by the internet. The default approach in cases involving
"cloud"-based services is to overlook the "act" of making available, and stretch the reproduction
right to encompass the activities of a service provider. As a result, the scope of the making
available right remains uncertain and its potential unrealised. Using prominent Australian and
US cases - NRL v Singtel Optus and ABC v Aereo - this article illustrates the importance of
clearly conceptualising the "act" of making available, which allows courts to allocate
responsibility for primary infringement of the making available right in a principled manner,
without unduly restricting the development of innovative services in the cloud.
A COPYRIGHT RIGHT OF PUBLICITY

in Fordham Law Review by Reid K. Weisbord on 5/1/2016
This Article identifies a striking asymmetry in the law's disparate treatment of publicity-rights
holders and copyright holders. State-law publicity rights generally protect individuals from
unauthorized use of their name and likeness by others. Publicity-claim liability, however, is
limited by the First Amendment's protection for expressive speech embodying a "transformative
use" of the publicity-rights holder's identity. This Article examines for the first time a further
limitation imposed by copyright law: when a publicity-rights holder's identity is transformatively
depicted in a copyrighted work without consent, the author's copyright can produce the peculiar
result of enjoining the publicity-rights holder from using or engaging in speech about her own
depiction. This Article offers novel contributions to the literature on copyright overreach and: (1)
identifies a legal asymmetry produced in the interplay of publicity rights, copyright law, and the
First Amendment; (2) examines the burdens on constitutionally protected speech, autonomy, and
liberty interests of publicity-rights holders when copyright law prevents or constrains use of their
own depiction; and (3) outlines a framework for recognizing a "copyright right of publicity" to
exempt the publicity-rights holder's use from copyright infringement liability.
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Joshua L. Simmons
BERNE-FORBIDDEN FORMALITIES AND MASS DIGITIZATION

in Boston University Law Review by Jane C. Ginsburg on 4/30/2016
This Essay addresses the Berne Convention's prohibition on the imposition of "formalities" on
the "enjoyment and the exercise" of copyright, and the compatibility with that cornerstone norm
of international endeavors to facilitate mass digitization, notably by means of extended collective
licensing and "opt-out" authorizations. The Essay begins with a brief overview of the history of
formalities conditioning the existence and enforcement of copyright, and the policies underlying
their prohibition in Berne article 5(2). Next, it addresses declaratory measures that Berne
explicitly authorizes, as well as those of more questionable conformity with treaty norms. It then
takes up the relationship between formalities and copyright management, particularly in light of
laws or proposals to facilitate mass digitization through opt-outable presumptions of
authorization to digitize and disseminate.
The Essay concludes that requiring the author to opt-out of a restriction on the scope of her
exclusive rights violates the Berne Convention's prohibition on subjecting "the enjoyment and
the exercise" of her rights to compliance with formalities. The prohibition applies even when a
member state provides rights that exceed the conventional minimum scope of rights. The Essay
analyzes the practical and policy issues that underlie this conclusion. By contrast, Berne does not
bar opt-out measures that pertain to the administration of authors' rights by collective
management organizations, particularly in the context of extended collective licenses. In this
instance, the opt-out notice does not affect the existence and scope of the author's rights. Rather,
it goes to the licensing and management of authors' rights, whatever their content or extent.
Berne generally leaves unaddressed issues going to ownership, transfer and licensing of authors'
rights; member states may fill that gap, including by mandating or presuming the exclusive or
nonexclusive grant of the author's rights to a collective management organization. Two
considerations will determine the effectiveness of those organizations' grants of rights for
territories beyond the works' countries of origin. First, whether the author's actual or presumed
grant to the collective management organization included extraterritorial rights Second, whether
the copyright-contract and private international law rules of the foreign countries for which the
author granted rights will recognize the validity of the grant, particularly if the licensor's
authority to exercise the author's rights in foreign states (including by means of reciprocal
agreements with equivalent organizations in other states) derives from a presumption of transfer
from authors who are not members of the licensing organization.
INTELLECTUAL PROPERTY IN NEWS? WHY NOT?

by Sam Ricketson & Jane C. Ginsburg on 5/2/2016
This Chapter addresses arguments for and against property rights in news, from the outset of
national law efforts to safeguard the efforts of newsgathers, through the various unsuccessful
attempts during the early part of the last century to fashion some form of international protection
within the Berne Convention on literary and artistic works and the Paris Convention on industrial
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property. The Chapter next turns to contemporary endeavors to protect newsgatherers against
"news aggregation" by online platforms. It considers the extent to which the aggregated content
might be copyrightable, and whether, even if the content is protected, various exceptions set out
in the Berne Convention permit its unlicensed appropriation.
FRANK CASTORF'S 'BAAL' - DIRECTOR'S THEATER ON TRIAL: THEATER

DIRECTORS IN CONFLICT WITH COPYRIGHT LAW IN GERMANY
by Rupprecht Podszun on 4/28/16
In 2015, the Munich District Court dealt with the staging of the play "Baal" by Bertolt Brecht in
Munich Residenztheater. The heirs of the author claimed that the director of the play, Frank
Castorf, a giant of German "Regietheater" (Director's Theater) had taken too much liberty in
working with the text instead of staging a faithful interpretation. The case stirred uproar in
Germany and shed light on the relationship of copyright laws and postmodern theater
interpretations.
This lawsuit (settled after all) concerning a director's creative freedom serves as the starting point
in this paper to examine the relationship between copyright law and Regietheater in German
theater and legal practice.
Part I retraces the conflict between the Residenztheater and the Brecht-estate giving an account
of the litigation. In Part II, the topic is broadly positioned in the field of copyright law - a field
of law rewarding creativity and individuality of authors. In Part III, the treatment of director's
theater in the practice of German courts will be retraced. For this, the case law is reviewed. Part
IV provides a perspective on related techniques from other cultural branches (likes sampling,
mash-ups or hacking), and it explains two seminal judgments by German courts, "Metall auf
Metall" and "Germania 3". Finally, Part V concludes with thoughts on Director's Theater and
Castorf's role in postmodern theater.
VOLITION AND COPYRIGHT INFRINGEMENT

in Cardozo Law Review by Robert Denicola on 4/1/16
When should Internet service providers or other system owners be directly liable for copyright
infringements committed by the users of their systems? In a 2014 dissent in American
Broadcasting Cos. v. Aereo, Justice Scalia sought an answer to that question in "a simple but
profoundly important rule" of copyright law: "A defendant may be held directly liable only if it
has engaged in volitional conduct that violates the Act." Scalia's "profoundly important rule,"
however, is hardly an accepted bedrock of copyright law. As he himself admitted, the Supreme
Court had never previously used the word "volition" in the context of copyright, nor have a
majority of the federal courts of appeals. The leading treatise on copyright law calls the
"volition" element "revolutionary." It is a startling debate, coming as it does more than two
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Joshua L. Simmons
centuries after Congress first imposed liability for copyright infringement. "Volition" in
copyright law has come to mean much more than the traditional inquiry into the voluntariness of
a defendant's conduct. It is best understood as requiring a connection between the service
provider and the infringed work that is sufficiently robust to allow the provider to control the
infringement without the necessity of monitoring the conduct of third-party users. The doctrine
serves a basic channeling function. If the only way for a service provider to avoid infringement is
to monitor and police the conduct of third parties, the provider's potential liability for any
resulting violations should be determined not on the basis of principles governing direct liability
but instead under the rules that determine secondary liability for infringements committed by
others.
RECONCEPTUALIZING COPYRIGHT'S MERGER DOCTRINE

in Journal of the Copyright Society of the U.S.A. by Pamela Samuelson on 4/12/16
Under the merger doctrine of U.S. copyright law, courts sometimes find original expression in a
work of authorship to be "merged" with the idea expressed, when that idea is incapable of being
expressed, as a practical matter, in more than one or a small number of ways. To be true to the
principle that copyright law does not extend its protection to ideas, courts have held in numerous
cases that the merged expression is unprotectable by copyright law.
This Article, which memorializes the 2015 Brace Lecture, identifies and dispels eight myths
about the merger doctrine, including the myth that the doctrine was borne in the Supreme Court's
Baker v. Selden decision. It also discusses merger in relation to other copyright doctrines, such
as scenes a faire, originality, and the exclusion of processes embodied in copyrighted works.
Finally, it considers various functions of the merger doctrine, such as averting unwarranted
monopolies, policing the boundaries between copyright and patent law, and enabling the ongoing
progress of knowledge.
THE AUTHOR WAS NOT AN AUTHOR: THE COPYRIGHT INTERESTS OF

PHOTOGRAPHIC SUBJECTS FROM WILDE TO GARCIA
in Columbia Journal of Law & the Arts by Eva E. Subotnik on 5/1/16
Toward the end of his dissent in Garcia v. Google, Judge Alex Kozinski remarked that "[w]hen
modern works, such as films or plays, are produced, contributors will often create separate,
copyrightable works as part of the process." Judge Kozinski's characterization of plays (or even
films) as "modern works" opens the door to an examination of that claim with respect to another
genre of modern work: the photograph. This essay focuses on the treatment of claimed authorial
contributions by photographic subjects to the photographs in which they are portrayed. It traces
the analysis of this issue from the early photography cases (and provides the relevant litigated
images) to present times. What emerges is a forceful line of precedent that largely did not
consider, accept, or emphasize a photographic subject's authorial contributions to a finished
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photographic image. Coming full circle, I argue that longstanding judicial instincts on this front
may help explain the outcome in the Garcia case.
REPLICATING FOUR 'QUASI-EXPERIMENTS' AND THREE FACTS FROM

OBERHOLZERGEE/STRUMPF'S PIRACY ARTICLE
by Stan J. Liebowitz on 5/11/2016
The influential piracy paper by Professors Oberholzer-Gee and Strumpf, although mainly based
on proprietary data, contained an "important complement" to the main results, consisting of four
"quasi-experiments" using publicly available data. This replication examines all of these quasi-
experiments, narrowly using identical data and statistical methods, as well as in a broader sense
by extending or augmenting the data or methods. The results of these replications are that the
great majority of their claims are unsupported by the narrow replications and none of their
economic conclusions hold up under narrow or broad replication.
MUSIC FOR DEVELOPMENT IN THE DIGITAL AGE

by Patrick Kabanda on 3/16
The music world has had its share of Internet-led shake-ups. Digital piracy and the advertisement
rules of platforms like YouTube are major concerns. But there are also opportunities: online
marketing, arts education, cultural awareness, and nation branding are particularly notable. How
can development practice take advantage of these opportunities? This discussion stresses (1)
giving artists the capability to use the Internet effectively; (2) prioritizing open Internet access,
especially in rural areas; (3) considering strong antitrust provisions in media ownership; (4)
granting such provisions as solar tax credits to artists or creative businesses where needed; (5)
targeting cultural elements that may inhibit Internet access for female artists; (6) promoting
intellectual property training; and (7) creating a platform that carries traditional music for
development.
RECREATING COPYRIGHT: THE COGNITIVE PROCESS OF CREATION AND

COPYRIGHT LAW
in Fordham Intellectual Property, Media & Entertainment Law Journal by Omri Rachum-Twaig
on 5/5/16
Copyright law reflects the intuitive understating of creativity in the eyes of the law. This is
because copyright's primary goal is to promote creativity. But is the legal understanding of
creativity in line with cognitive psychology's understanding of the creative process? This article
examines whether there is a match between the law and cognitive psychology research as far as
creativity is concerned. Some scholars posit that theories of creativity fit well with current
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Joshua L. Simmons
copyright law. For example, it has recently been argued that, based upon some accounts of
creativity, copyright law's constraints on creativity actually push authors to create more original
and creative works. In contrast, this article provides a broad evaluation of creativity studies and
questions whether they indeed fit with copyright law's assumptions about creativity. While many
copyright doctrines fit the cognitive understanding of creativity, the idea/expression dichotomy,
which requires the same standard of review for both derivative works and reproductions, is not
justified under the cognitive psychology of the creative process.
COPYRIGHT TERM EXTENSION ECONOMIC EFFECT ON THE NEW ZEALAND

ECONOMY
by George Robert Barker & Stan J. Liebowitz on 4/27/2016
This paper reviews an estimate of the economic effect on the New Zealand economy of
copyright term extension which was recently released by the New Zealand Government but
which was tabled as part of the Trans Pacific Partnership (TPP) negotiations on the IP Chapter.
The estimate is that the average cost to New Zealand from the obligation under TPP to extend
New Zealand's copyright period from 50 to 70 years would average around $55 million per year.
Our review of this estimate suggests it is clearly incorrect, and indeed seriously over-estimates
costs. As we demonstrate, the expert report by Henry Ergas on which it was based made major
errors. First it focused only on the well-known social costs of copyright while completely
excluding the equally well-known social benefits from copyright, thus ensuring, given that New
Zealand is a net importer of copyrighted goods, that term extension would be found to have a
negative impact. Second it made serious errors in its calculations of the ...
May 2016
ENGLISH & CONTINENTAL TESTS OF ORIGINALITY: LABOUR, SKILL, AND

JUDGEMENT VERSUS CREATIONS OF THE MIND
by Colin Manning on 5/19/16
This paper traces the provenance of the predominant tests of originality in copyright to their
instrumental and author's rights justifications. It argues that the idea/expression dichotomy is
essential to any evaluation of their relative merits, but is being undermined. It illustrates the
hazards of absolutist applications of the tests and demonstrates, primarily with reference to
photography, how many established principles of copyright law are problematic. It argues that
despite increasing constitutionalisation of intellectual property, the public interest is best served
by acknowledging that copyright is primarily a policy choice.
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AGAINST CREATIVITY
by Brian L. Frye on 5/27/16
According to the Supreme Court, copyright requires both independent creation and creativity.
The independent creation requirement effectively provides that copyright cannot protect copies
or abstract ideas. But the creativity requirement should be abandoned because it is both
incoherent and inconsistent with the aesthetic nondiscrimination principle. The purpose of
copyright is to promote the production of economically valuable works of authorship, not
creativity.
June 2016
EXHAUSTION AND THE ALTERATION OF COPYRIGHT WORKS IN EU COPYRIGHT

LAW - (C-419/13) ART & ALLPOSTERS INTERNATIONAL BV V STICHTING
PICTORIGHT
in ERA Forum by Jonathan Griffiths on 5/26/16
The Judgment of the Court of Justice in (C-419/13) Art & Allposters International BV v
Stichting Pictoright concerned a claim that the transfer of an image from paper poster to artist's
canvas infringed copyright in that image. It is argued here that, while the case sheds little light on
the potential application of the Usedsoft principle to copyright works more generally, its
significance extends well beyond the relatively specialist practices with which the national
proceedings were concerned. Following an outline of the Judgment, the article goes on to
consider its implications for our understanding of the reproduction, distribution and adaptation
rights in EU copyright law.
HYPERLINKS & COPYRIGHT LAW

by Colin Manning on 5/18/16
Reconciling the desire for wide distribution with the desire for control has proven challenging for
the law. Deep linking is a good illustration of how applying print and broadcast era concepts to
the challenges of the digital era can result in uncertainty and unintended consequences. In the
Svennson decision, the court not only failed to acknowledge the distinction between linking and
embedding, but it explicitly permitted embedding of content from other sites. This could have
implications for how content is distributed, and may ultimately harm user privacy.
REFORMING COPYRIGHT INTERPRETATION

in Harvard J. L & Tech. by Zahr K. Said on 4/2015
URL: http://jolt.law.harvard.edu/articles/pdf/v28/28HarvJLTech469.pdf
Copyright law has an interpretation problem that is in need of reform. Judges routinely face
complex interpretive choices when they resolve disputes over potentially copyrightable works.
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Joshua L. Simmons
Judges choose whether to resolve an issue as a matter of law, whether to admit - or even require -
extrinsic evidence that may be relevant to their interpretation, and whether to rely on judicial
intuition or formal analysis in their decision-making. The interpretive choices that judges make
about works have played an important but unacknowledged role in outcomes of cases involving
screenplays, architecture, novels, pop songs, nonfiction works, and photography.
COPYRIGHT'S OTHER FUNCTIONS

in Chicago-Kent Journal of Intellectual Property by Margaret Chon on 6/3/16
This response to a keynote speech by Judge Margaret McKeown explores some dimensions of
copyright in addition to its dominant function as a set of market-facilitating exclusive rights. The
recent possible trend towards protecting privacy and other non-commercial concerns via
copyright law is not necessarily inconsistent with its historical usages, does not necessarily
threaten freedom of expression and may further important privacy policies. The balance of these
competing policies is shifting, especially in an environment of proliferating digital content where
cyber civil rights may need further development in response to cyberbullying. It examines the
specific case of non-consensual pornography as a means of exploring possible doctrinal and
policy directions. Ultimately it endorses a less formalistic and more flexible use of copyright to
address harms currently under-recognized by our existing legal frameworks.
FREE SPEECH INSTITUTIONS AND FAIR USE OF COPYRIGHTED WORK: A NEW

AGENDA FOR COPYRIGHT REFORM
in Cardozo Arts & Entertainment Law Journal by Hannibal Travis on 6/1/16
This article analyzes copyright law as a growing burden on free speech institutions such as
newspapers, television stations, Web sites, and software platforms. Free speech institutions help
us read, watch, access, write, perform, display, transform what has been written, and publish
what is newly or previously written or transformed. Yet copyright law potentially outlaws the
unauthorized reading, watching, performing, transforming, or publishing of existing work. Fair
use shields free speech institutions from some claims of infringement based on their mediating
role.
Emerging copyright norms could harm the freedom and diversity of the Internet, however.
Associations of media and Internet corporations have become prolific sources of proposed norms
governing Internet speech and communication. They asked the Obama administration to pressure
Web sites such as YouTube to agree to a series of Principles for User-Generated Content
Services, which would delete (or filter) quotations of media content in audio or audiovisual form,
often without regard to fair use. An Open Book Alliance filed briefs in federal court arguing that
Google should be restricted from contracting with publishers to create digital libraries of books.
The Associated Press and Media Bloggers Association proposed that fair use be restricted online
in ways that are contrary to established custom in print and on television, as well as online.
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Media corporations requested a National Broadband Plan that endorsed filtering out copyrighted
material.
This article explores how negotiations between copyright industry trade associations and online
services present a risk to free speech institutions. Specifically, the norms advanced by the
associations are often framed so as to preserve revenue streams at expense of Internet users'
freedom of expression. Industry groups frequently characterize as "piracy" or a "threat" what
courts or legislators would regard as First-Amendment protected, transformative fair use, outside
the scope of copyright or trademark rights, or free competition under antitrust law. Moreover,
such negotiations may increase the price of information works while reducing the quality of
Internet services, including their interactivity and accessibility to the poor and those on fixed
incomes. This article therefore describes the problem of non-price-related restraints on upstart
Internet and social media companies, such as a requirement to filter out quotations. Such
restraints do not burden incumbents, which typically do not confront prepublication filtering of
their content.
Antitrust cases and constitutional doctrine are slow to evolve, however. For this reason, the
article calls for reform of the fair use privilege of free speech institutions in three key areas:
burden of proof, due process, and liability standards. The reforms are intended to serve core
constitutional values: liberty of expression, communicative privacy, separation of powers, and
the rule of law. Other scholars have proposed reforms to the fair use doctrine that alter
procedures, focus on quantitative thresholds of use, or protect a subset of free speech institutions'
activity. This article proposes reforming the statute to shield fair users from liability if they do
not harm the copyright holder, and to fix evidentiary problems which they face in proving a lack
of harm. The proposed reforms will amend the fair use statute to prevent free speech institutions
from confronting an impossible standard, i.e. a burden of disproving potential harm in aggregate.
AGAINST CREATIVITY
by Brian L. Frye on 5/27/16
According to the Supreme Court, copyright requires both independent creation and creativity.
The independent creation requirement effectively provides that copyright cannot protect copies
or abstract ideas. But the creativity requirement should be abandoned because it is both
incoherent and inconsistent with the aesthetic nondiscrimination principle. The purpose of
copyright is to promote the production of economically valuable works of authorship, not
creativity.
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Joshua L. Simmons
'ENOUGH AND AS GOOD' IN THE INTELLECTUAL COMMONS: A LOCKEAN THEORY

OF COPYRIGHT AND THE MERGER DOCTRINE
in Emory Law Journal by Alexander D. Northover on 2016
Embedded in our national identity, the right to reap the fruit of one's labor defines the
quintessential American Dream. This ownership right seems so intuitively obvious that it needs
no logical explanation, and thus John Locke's foundational theory of property rights is often
misinterpreted from the start. Locke's labor theory of acquisition has perpetuated a kind of
philosophical circuit split among scholars, relegating his ideas to a realm of partisan politics.
These misinterpretations are unfortunate because, when properly applied, Locke's property
theory holds the promise of resolving complex issues in copyright law and theory.
In the tradition of Locke's contextualist interpreters, this Comment examines Locke's philosophy
and its context with the aim of describing a theory of Lockean copyright that is compatible with
the basic tenets of American copyright law. Because the Lockean copyright theory offered here
accounts for both procedural and consequential goods, it has stronger prescriptive power than the
current utilitarian model and can do more work. Also, because Lockean duties lend well to
bright-line rulemaking, applying Lockean thinking to legal analysis can streamline litigation. As
an example of Locke's cash value to copyright law, this Comment expounds upon his thoughts
on the natural law duties of property owners and the state's role in mitigating transaction costs of
private ownership to assign burdens of proof at trial. This framework is utilized to outline a
potential solution to the circuit split over whether the merger doctrine should apply during the
copyrightability stage or the infringement stage of a copyright infringement lawsuit.
THE ECONOMICS OF BOOK DIGITIZATION AND THE GOOGLE BOOKS LITIGATION

by Hannibal Travis on 6/1/16
This piece explores the digitization and uploading to the Internet of full-text books, book
previews in the form of chapters or snippets, and databases that index the contents of book
collections. Along the way, it will describe the economics of copyright, the "digital dilemma,"
and controversies surrounding fair use arguments in the digital environment. It illustrates the
deadweight losses from restricting digital libraries, book previews, copyright litigation
settlements, and dual-use technologies that enable infringement but also fair use. By taking into
account the lack of evidence that some forms of copying inflict serious harm, the emerging law
of digitization and search engines for books would return contemporary copyright doctrine to a
time when it only prohibits acts more likely to result in economic harm, such as competitive
piracy.
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CLAIMS TO EXPAND COPYRIGHT EXCEPTIONS DRIVEN BY 'BAD SCIENCE'

by George Robert Barker on 6/14/16
This report reviews a number of papers being used to try and justify major copyright policy
changes in Asia Pacific. Specifically, this reports reviews five papers cited by Google in
Australia in support of its submission (the Submission) to the Productivity Commission's (PC)
inquiry into Australia's intellectual property arrangements. In the Submission, Google expressed
the view that Australia's copyright system is not as effective, efficient or adaptive as it needs to
be, and that it is impeding Australia¹s capacity to innovate.
Our review of the empirical data Google cites, however, finds that in general, contrary to the
claims that they are being used to support, these studies conclusions are bad science and offer no
substantial empirical evidence of a causal link between broader copyright exceptions and
productivity and economic growth. The studies cited in the Submission have been discredited,
containing fundamental errors in empirical research, making them unfit for policy-making.
Moreover, the evidence in the studies appears to contradict the claims made in the Submission.
In particular:
- The 2012 Singapore fair use study cited by Google suggests that US-style fair use exceptions in
Singapore were associated with a fall in the rate of growth of copyright industries. Singaporean
copyright industry revenue growth slowed from 14.16 per cent to around 6.68 per cent per
annum after the introduction of fair use.
-The 2012 Australian Lateral Economics Study cited by Google shows that fair use exceptions in
the US are associated with a lower rate of growth of value-add in what it calls copyright
exceptions industries in the US, compared the same industries in Australia.
Thus, as a result of the empirical analysis contained herein, this report concludes that the
argument advanced by the Submission that broader copyright exceptions will promote
productivity and economic growth is not based on sound research.
INTELLECTUAL PROPERTY IN THE NEW TECHNOLOGICAL AGE: 2016 - CHAPTERS

1 AND 2
in Intellectual Property in the New Technological Age: 2016 by Peter S. Menell et al. on
6/23/2016
Rapid advances in digital and life sciences technology continue to spur the evolution of
intellectual property law. As professors and practitioners in this field know all too well, Congress
and the courts continue to develop intellectual property law and jurisprudence at a rapid pace.
For that reason, we have significantly augmented and revised "Intellectual Property in the New
Technological Age.
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Joshua L. Simmons
July 2016
THE MOST MORAL OF RIGHTS: THE RIGHT TO BE RECOGNIZED AS THE AUTHOR

OF ONE'S WORK
in Geo. Mason J. Int'l Commercial L. by Jane Ginsburg on 7/11/2016
The U.S. Constitution authorizes Congress to secure for limited times the exclusive right of
authors to their writings. Curiously, those rights, as enacted in our copyright laws, have not
included a general right to be recognized as the author of one's writings. Yet, the interest in being
identified with one's work is fundamental, whatever the conception of the philosophical or policy
basis for copyright. The basic fairness of giving credit where it is due advances both the author-
regarding and the public-regarding aspects of copyright.
Most national copyright laws guarantee the right of attribution (or "paternity"); the leading
international copyright treaty, the Berne Convention, requires that Member States protect other
Members' authors' right to claim authorship. But, apart from an infinitesimal (and badly drafted)
recognition of the right in the 1990 Visual Artist's Right Act, and an uncertain and indirect route
through protection of copyright management information, the U.S. has not implemented that
obligation. Perpetuating that omission not only allows a source of international embarrassment to
continue to fester; it also belittles our own creators. Copyright not only protects the economic
interests in a work of authorship, it also secures (or should secure) the dignitary interests that for
many authors precede monetary gain. Without established and enforceable attribution rights,
U.S. copyright neither meets international norms nor fulfills the aspirations of the constitutional
copyright clause.
This article will analyze the bases and enforceability of attribution rights within international
norms. It will review the sources of attribution rights in the current US copyright law,
particularly the Visual Artists Rights Act, and section 1202's coverage of copyright management
information. It will explore the extent to which removal of author-identifying information might
violate section 1202 and/or disqualify an online service provider from the section 512 safe
harbors. Finally, it will consider how our law might be interpreted or amended to provide for
authorship attribution. Non-legislative measures include making authorship attribution a
consideration under the first factor of the fair use defense.
UNBUNDLING THE 'TORT' OF COPYRIGHT INFRINGEMENT

in Virginia Law Review by Patrick Russell Goold on 7/14/16
Judges and jurists view copyright infringement as a singular legal wrong, a.k.a. the tort of
copyright infringement. In recent years, commentators have expressed mounting concern about
the judicial test for this tort. Courts have no unified method for determining whether two works
are substantially similar. The fair use doctrine is so unpredictable that some find it nothing more
than the "right to hire a lawyer." And while some judges treat infringement as a property tort,
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like trespass or conversion, others think of it as an economic tort, like unfair competition.
Scholars therefore find the test for infringement - copyright's "infringement analysis" - to be
inconsistent and incoherent.
This Article provides a revised positive theory of copyright that clarifies the infringement test.
The Article argues that copyright infringement is not one singular tort, but a group of torts. Using
an analytic jurisprudential method, the Article "unbundles" infringement into five "copy-torts"
called consumer copying, competitor copying, expressive privacy invasion, artistic reputation
injury, and breach of creative control. Because copyright infringement is not one tort there
cannot be one single infringement test. Instead, copyright's basic infringement analysis mutates
doctrinally and theoretically to provide a unique legal test for each of the copy-torts. The
variation in the infringement analysis is not necessarily inconsistent or incoherent, but enables
courts to test for the different copy-torts. Understanding the different copy-torts will therefore
make the infringement analysis more predictable. Not only will practitioners better foresee how
courts will apply the test to their cases, but also judges are provided with a guide to applying the
correct legal standards in infringement actions. To make the analysis even more predictable, the
Article proposes a method of adjudicating hard cases that will help courts conceptually separate
the copy-torts, thus ensuring they apply the correct legal tests in the future.
OVERVIEW OF COPYRIGHT LAW

in Oxford Handbook of Intellectual Property by Jane Ginsburg on 7/18/2016
This article offers an overview of copyright in general in common law and civil law countries,
with an emphasis on the U.S. and the European Union. It addresses the history and philosophies
of copyright (authors' right), subject matter of copyright (including the requirement of fixation
and the exclusion of "ideas"), formalities, initial ownership and transfers of title, duration,
exclusive moral and economic rights (including reproduction, adaptation, public performance
and communication and making available to the public, distribution and exhaustion of the
distribution right), exceptions and limitations (including fair use), and remedies. The article also
covers the liability of intermediaries, and new copyright obligations concerning technological
protections and copyright management information. It concludes with some observations
concerning the role of copyright in promoting creativity and free expression.
COPYRIGHT PATERNALISM
in Vanderbilt Journal of Entm't & Tech. Law by Kevin J. Hickey on 9/1/15
The dominant justification for copyright is based on the notion that authors respond rationally to
economic incentives. Despite the dominance of this incentive model, however, many aspects of
existing copyright law are best understood as motivated by paternalism. Termination rights
permit authors to rescind their own earlier assignments of copyright. The elimination of
formalities protects careless authors from forfeitures of copyright if they fail to register the
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Joshua L. Simmons
copyright or place appropriate notice on their works. The law limits how copyrights can be
transferred, when rights in emerging media can be assigned, and which works can be designated
as "made for hire" by contract. Thus, while the basic model of copyright presumes that authors
are rational actors, many of its actual provisions suppose that authors are not capable of
understanding or protecting their own economic interests. This Article highlights and seeks to
understand the tension between these two different conceptions of the author.
Building on recent critiques of copyright's incentive model and on the insights of behavioral law
and economics, this Article envisions what a more unabashedly paternalistic copyright regime
might look like. Such a view accepts that authors, like all of us, are not rational actors; they are
short-sighted, lack bargaining power, and respond weakly to distant and uncertain economic
incentives. If we take this account seriously, copyright's existing paternalistic provisions are
inadequate solutions to the behavioral failures that they purport to remedy. Instead, a truly
paternalistic copyright regime would provide meaningful protections for authors against one-
sided copyright transfers, and rely on more tailored and direct incentives for artistic creation.
IMAGES OF HARASSMENT: COPYRIGHT LAW AND REVENGE PORN

in Federal Bar Council Quarterly by Ari Ezra Waldman on 12/3/15
Nonconsensual pornography, commonly known as "revenge porn," usually occurs when an

individual (usually a man) publicly posts online sexually explicit images of his former partner
(usually a woman). Although normally the stuff of tort law, revenge porn offers copyright
attorneys opportunities to help victims, as well: the offending images are often selfies taken by
the victim and thus covered by the victim's copyright. There is, to date, no Second Circuit case
law on the subject, making this area uniquely suited to creative social impact litigation. Until
state legislatures or Congress pass well-drafted criminal revenge porn statutes, copyright law
remains a necessary though inadequate weapon to combat revenge porn in the Second Circuit
and elsewhere.
THE MISAPPLICATION OF 'MASTERMIND': A MUTANT SPECIES OF WORK FOR HIRE

AND THE MYSTERY OF DISAPPEARING COPYRIGHTS
in Columbia J. Law & Arts by F. Jay Dougherty on 7/21/16
Recent decisions in both the Ninth (Garcia v. Google) and Second (Casa Duse 16) Circuit have
applied concepts of "mastermind" authorship or "dominant author" to claims of copyright in
individual contributions of actors and directors to a motion picture. This article, which is a
transcript of a presentation at Columbia Law School, describes the roots of the "mastermind"
concept in copyright and argues for its mis-application in this context.
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August 2016
PARADISE LOST OR FANTASY ISLAND? THE PAYMENT OF BRITISH AUTHORS IN

19TH CENTURY AMERICA
The payments to British authors by American publishers during the mid-19th century, when the
works of British authors lacked American copyright protection, has been presented as evidence
that copyright might have little benefit to authors. This paper reexamines the evidence that has
been used to support this claim and then presents previously unexamined information on
payments to British authors by leading American publishers of the period. The main finding is
that payments to British authors were minimal or non-existent prior to the establishment of a no-
compete agreement among leading American publishers. Even after implementation of this
agreement, many British authors were not paid, and those who were paid received considerably
less than they would have received under copyright. Because antitrust disallows such
agreements, this 19th natural experiment indicates that the removal of copyright in modern
economies would likely eviscerate payments to authors.
PARADISE LOST OR FANTASY ISLAND? THE PAYMENT OF BRITISH AUTHORS IN

19TH CENTURY AMERICA
The payments to British authors by American publishers during the mid-19th century, when the
works of British authors lacked American copyright protection, has been presented as evidence
that copyright might have little benefit to authors. This paper reexamines the evidence that has
been used to support this claim and then presents previously unexamined information on
payments to British authors by leading American publishers of the period. The main finding is
that payments to British authors were minimal or non-existent prior to the establishment of a no-
compete agreement among leading American publishers. Even after implementation of this
agreement, many British authors were not paid, and those who were paid received considerably
less than they would have received under copyright. Because antitrust disallows such
agreements, this 19th natural experiment indicates that the removal of copyright in modern
economies would likely eviscerate payments to authors.
THE ELEMENTS OF MUSIC RELEVANT FOR COPYRIGHT PROTECTION

in Concepts of Music and Copyright by Andreas Rahmatian on 12/15/15
One may argue that copyright law has no genuine understanding of the nature of music as an art
form; it attaches to certain aspects of music which it declares as normatively relevant and thus
ascertains building blocks of the legal protection system. In this way music is considered as an
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Joshua L. Simmons
object of legal transactions, especially as an object of transferable property. This is a result of the
translation process of music into legal categories. This chapter looks at the elements and stages
of this process, starting with sketching out a philosophical discussion of the phenomenon of
music as a basis for copyright protection.
DISCRIMINATION IN THE COPYRIGHT CLAUSE

in Alabama Law Review by Ned Snow on 4/1/16
Does Congress have power to deny copyright protection for specific content? The Copyright
Clause grants Congress power to "promote the Progress of Science" by legislating copyright
laws. Certainly some content may reasonably be viewed as failing to promote the progress of
science. Violent video games or pornography, for instance, may reasonably be viewed as not
promoting progress in science, even though they receive protection as free speech under the First
Amendment. So even if the Free Speech Clause bars Congress from banning content, does the
Copyright Clause provide Congress a permissible means to discourage production of that
content?
This Article considers whether such content-based copyright denial is permissible under
Congress's copyright power. Neither courts nor scholars have considered this question, despite
the fact that lawmakers are presently seeking to control negative effects of specific content. This
Article posits that the copyright power provides Congress that means. The Copyright Clause's
mandate to promote the progress of science suggests a power to exercise content discrimination.
At the same time, denying copyright to content would not prevent content creators from
engaging in, and even profiting from, any speech protected by the First Amendment. The Article
concludes that the Copyright Clause provides a constitutional tool for fixing content-based
problems.
UNIVERSITY ACADEMICS AS EMPLOYEES AND CREATORS OF COPYRIGHT

WORKS: UNIVERSITY ACADEMICS AS OWNERS OF COPYRIGHT?
in European Intellectual Property Review by Andreas Rahmatian on 6/10/15
The creation and exploitation of copyright that protects the works of university academics has
become increasingly relevant to the managements of universities. Copyright covers all academic
output, whether in the arts, social sciences or the sciences. This article discusses the question of
ownership of copyright in works created by academics as employees of their universities. The
issue is not as straightforward as one may think. Furthermore, university IP policies often seem
to take a too undifferentiated and legally problematic view in this matter.
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FAIR USE AND THE FUTURE OF ART

in N.Y.U.L. Rev. by Amy Adler on 8/17/16
Twenty-five years ago, in a seminal article in the Harvard Law Review, Judge Leval changed the
course of copyright jurisprudence by introducing the concept of "transformativeness" into fair
use law. Soon thereafter, the Supreme Court embraced Judge Leval's new creation, calling the
transformative inquiry the "heart of the fair use" doctrine. As Judge Leval conceived it, the
purpose of the transformative inquiry was to protect the free speech and creativity interests that
fair use should promote by offering greater leeway for creators to build on preexisting works. In
short, the transformative standard would ensure that copyright law did not "stifle the very
creativity which that law [was] designed to foster."
This Article shows that the transformative test has not only failed to accomplish this goal; the
test itself has begun to "stifle the very creativity which that law was designed to foster." In the
realm of the arts, one of the very areas whose progress copyright law is designed to promote, the
transformative standard has become an obstacle to creativity. Artistic expression has emerged as
a central fair use battleground in the courts. At the same time that art depends on copying, the
transformative test has made the legality of copying in art more uncertain, leaving artists
vulnerable to lawsuits under a doctrine that is incoherent and that fundamentally misunderstands
the very creative work it governs. The transformative test has failed art. This Article shows why
and what to do about it, turning to the art market itself as a possible solution to the failure of the
transformative use test.
CLONES, THUGS, 'N (EVENTUAL?) HARMONY: USING THE FEDERAL RULES OF

CIVIL PROCEDURE TO SIMULATE A STATUTORY DEFAMATION DEFENSE AND
MAKE THE WORLD SAFE FROM COPYRIGHT BULLIES
in DePual L. Rev. by Robert T. Sherwin on Spring 2015
In the 1980s and '90s, companies like Apple and Microsoft introduced the world to products that,
by the early 2000's, enabled each of us to be artistic creators in ways that were unimaginable
mere decades ago. The internet revolution of the early aughts has allowed us to be instantaneous
global self-distributors of that work. Although copyright thugs-those who use litigation or the
threat of it to snuff out what is clearly fair use-are not a new problem, their ranks are ever-
increasing in today's world of music mashups, YouTube cover videos, and viral Facebook
memes that build upon and transform existing works. Creators must feel free to make fair use of
others' work. But the fair-use doctrine has arguably become little more than "the right to hire a
lawyer" to defend your actions in court. That defense can costs hundreds of thousands of dollars,
so standing up to copyright bullies is not cheap.
State legislatures have combated a similar type of bullying in defamation cases by enacting what
are known as "anti-SLAPP" statutes. Litigants and judges can utilize existing rules of civil
procedure, along with the attorney-fee-shifting provision in the Copyright Act, to simulate an
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Joshua L. Simmons
anti-SLAPP effect in federal copyright actions. If these procedures are followed by copyright
defendants and courts, we may begin to see a decrease in bullying, and creators will begin to feel
free to make fair use of existing media.
INTELLECTUAL PROPERTY, ANTITRUST, AND THE RULE OF LAW: BETWEEN

PRIVATE POWER AND STATE POWER
in Theoretical Inquiries in Law by Ariel Katz on 8/26/16
This Article explores the rule of law aspects of the intersection between intellectual property and
antitrust law. Contemporary discussions and debates on intellectual property (IP), antitrust, and
the intersection between them are typically framed in economically oriented terms. This Article,
however, shows that there is more law in law than just economics. It demonstrates how the rule
of law has influenced the development of several IP doctrines, and the interface between IP and
antitrust, in important, albeit not always acknowledged, ways. In particular, it addresses some
limitations on IP rights, such as exhaustion and limitations on tying arrangements, are grounded
in rule of law principles restricting the arbitrary exercise of legal power, rather than solely in
considerations of economic efficiency.
The historical development of IP law has reflected several tensions, both economic and political,
that lie at the heart of the constitutional order of the modern state: the tension between the
benefits of free competition and the recognition that some restraints on competition may be
beneficial and justified; the concern that power, even when conferred in the public interest, can
often be abused and arbitrarily applied to advance private interests; and the tension between
freedom of contract and property and freedom of trade. This Article explores how rule of law
considerations have allowed courts to mediate these tensions, both in their familiar public law
aspects but also in their less conspicuous private law dimensions, and how, in particular, they
have shaped the development of IP doctrine and its intersection with antitrust law and the
common law.
FROM ABUSE OF RIGHT TO EUROPEAN COPYRIGHT MISUSE: A NEW DOCTRINE

FOR EU COPYRIGHT LAW
by Caterina Sganga & Silvia Scalzini on 7/31/16
The great expansion of EU copyright law has paved the way to several rightholders' abusive or
dysfunctional conducts, without providing adequate solutions to prevent or remedy them. The
answer of EU sources is characterized by extreme fragmentation, with tools mostly borrowed
from external bodies of law. Paradoxically, the doctrine of abuse of right has long been neglected
as a potential solution, mainly due to its flaws - difficult evidence-taking and weak remedies -
and its incompatibility with the discretionary nature of continental author's rights. Yet, the notion
emerges between the lines of several ECJ's decisions, and finds its way from civil codes to
copyright in a number of national courts' precedents. Due to the paradigm shift towards a
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market-oriented and industry-based inspiration, EU copyright seems now open to admit the
possibility of misuses.
Starting from these premises, this article argues that a unitary doctrine of copyright misuse may
constitute an effective balancing tool for most of the dysfunctional conducts that copyright law
and other bodies of law are still unable to resolve. In addition, it may also act as regulatory
paradigm to ensure greater certainty and transparency in the judicial development of key
principles and rules of EU copyright law. To this end, the paper (a) proposes a four-prong-test of
abusiveness, embedding criteria of proportionality and reasonableness inspired to the normative
function(s) of exclusive rights; (b) offers new perspectives on potential remedies; and (c) shows
selected examples of the positive impact of the doctrine on the systematization of the current
copyright legislative framework.
COPYRIGHT'S RACE, GENDER AND AGE: A FIRST QUANTITATIVE LOOK AT

REGISTRATIONS
by Robert Brauneis & Dotan Oliar on 8/29/16
On a per capita basis, do African-American authors produce more copyright registrations than
non-Hispanic whites? Do men and women show a within-group bias in choosing co-authors?
And what decade in the average musician's life is the most productive? This article provides
answers to these questions - which happen to be yes, yes, and the 20s, respectively - and many
more by statistically analyzing the 15 million entries that comprise the Copyright Office's full
record of registered works from 1978 through 2012. It provides a variety of perspectives on
individuals' creativity in modern-day America and on the beneficiaries of our copyright system
along the axes of race, gender and age. Its findings suggest a need to promote greater diversity
and equality in the processes of cultural production and the making of social meaning.
September 2016
CHARTING THE CONTOURS OF A COPYRIGHT REGIME OPTIMIZED FOR

ENGINEERED GENETIC CODE
in Oklahoma Law Review by Christopher M. Holman on 9/2/16
There is a growing disconnect between the traditional patent-centric approach to protecting

biotechnological innovation and the emerging intellectual property imperatives of "synthetic
biology," a promising new manifestation of biotechnology that enables the design and
construction of artificial biological pathways, organisms or devices, as well as the redesign of
existing natural biological systems. As explained in previous articles, one way to deal with this
disconnect would be to expand the scope of copyrightable subject matter to encompass
engineered genetic sequences, much in the way that copyright was expanded in the 1970s and
1980s to include computer programs. The present article expands upon that work and explores
the possible contours of a copyright regime encompassing engineered genetic code (EGC),
explaining how a policy-optimized application of existing copyright doctrine, facilitated perhaps
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Joshua L. Simmons
by some relatively conservative amendments to the Copyright Statute, could provide synthetic
biologists with a beneficial supplement to patents, while at the same time addressing legitimate
concerns that have been raised in response to this proposal. The use of the term "EGC," as
opposed to "DNA," is intended to focus the attention where it rightly belongs, i.e., on the
information content encoded by a synthetic genetic sequence, and to make clear that I am in no
way proposing that naturally-occurring DNA sequences should be copyrighted. It also highlights
the close analogy between computer code and engineered DNA sequences. The article includes a
description of a recent attempt to register an engineered genetic sequence as a copyrighted work
with the U.S. Copyright Office.
COPYRIGHT AND RELATED RIGHTS: OUTLINING A CASE FOR A EUROPEAN

MORALITY/PUBLIC POLICY EXCLUSION
in Copyright Law: A Handbook of Contemporary Research by Justine Pila on 7/26/16
In contrast to the position under European patent and trade mark laws, European copyright and
related rights legislation does not currently provide for the exclusion from protection of subject
matter that is contrary to morality or public policy. Given the general antipathy that exists to
Court of Justice decision-making in the intellectual property field, the criticism generated by the
Court's 2011 decision that human dignity precludes the patenting of any product the preparation
of which involves the destruction of a post-fertilization human embryo, and the seeming
absurdity of recent suggestions by French public authorities that morality and public policy
(ordre public) require burkini-clad beachgoers to undress, the immediate reaction to this position
might be relief at being saved the spectacle of the EU exploiting any further opportunity to
define the requirements of morality and public policy for its 28 Member States, particularly in a
field as important to the creative industries as copyright and related rights. Nonetheless, and as
unpopular as existing European social norms and jurisprudence in this area might be, there is a
strong case to be made for the introduction of a European morality/public policy exclusion from
copyright and related rights. The purpose of this Chapter is to outline that case.
ARTISTIC CONTROL AFTER DEATH

in Wash. L. Rev. by Eva E. Subotnik on 4/1/16
To what extent should authors be able to control what happens to their literary, artistic, and
musical creations after they die? Looked at through the lens of a number of succession law
trends, the evidence might suggest that strong control is warranted. The decline of the Rule
Against Perpetuities and rise of incentive trusts portray a tightening grip of the dead hand. And
yet, an unconstrained ability of the dead to determine future uses of works of literature, art, and
music is a fundamentally troubling notion. This article evaluates instructions given with respect
to authorial works against the backdrop of the laws and policies that govern bequests more
generally. In particular, it considers the enforceability of attempted artistic control through the
imposition of a fiduciary duty. In balancing the competing interests, this article considers the
- 744 -
demands of both state trust laws and federal copyright policy. In the end, the article argues that
authorial instructions must yield to the needs of the living. Such a view requires that, to the
greatest extent possible, some living person(s) be authorized to decide how works of authorship
are used - even if that means overriding artistic control by the dead.
THE EVOLUTION OF AUTHORSHIP: WORK MADE BY CODE

in Columbia J.L. & Arts by Annemarie Bridy on 9/8/16
This short article - a transcript of remarks from the Kernochan Center's fall 2015 symposium,
"Copyright Outside the Box" - considers whether U.S. copyright law requires human authorship
as a precondition for protection of an artistic work. Tracing the surprisingly long history of
copyright law's grappling with the status of computer-generated works, I ask whether the
increasing sophistication and independence of generative code should cause us to rethink
embedded assumptions in the law about the meaning and origin of creativity and authorship.
Because copyright law already accommodates non-human authors (i.e., corporations) through the
work made for hire doctrine, I argue here (revisiting my 2012 article Coding Creativity) that
recognition of AI authorship may be a less profound doctrinal leap than it may seem. Other
countries already protect works generated autonomously by computers. In the United States, we
can decide for policy reasons that machine-authored works should not be protected by copyright,
but that choice is not inevitable given the current state of the law both here and abroad.
A THEORY OF COPYRIGHT AUTHORSHIP

in Virginia L. Rev. by Christopher Buccafusco on 9/23/15
The U.S. Constitution gives Congress the power to grant rights to "Authors" for their "Writings."
Despite the centrality of these terms to copyright jurisprudence, neither the courts nor scholars
have provided coherent theories about what makes a person an author or what makes a thing a
writing. This article articulates and defends a theory of copyrightable authorship. It argues that
authorship involves the intentional creation of mental effects in an audience. A writing, then, is
any fixed medium capable of producing mental effects. According to this theory, copyright may
attach to the original, fixed, and minimally creative form or manner in which an author creates
mental effects.
After setting out the theory, this article applies it to a series of current copyright disputes. My
authorship theory both expands and contracts the scope of potentially copyrightable works. Some
media that have previously been excluded from copyright law, such as gardens, cuisine, and
tactile works, now fall within the constitutional grant of rights. By contrast, aspects of
copyrightable works, including photographs, taxonomies, and computer programs, may not
constitute copyrightable authorship. This theory resolves a number of current and recent
copyright cases, and it offers a new approach to the emerging challenges associated with
- 745 -
Joshua L. Simmons
artificial intelligence, the Internet of things, and, ultimately, the impending revision of the
Copyright Act.
COPYRIGHT'S DIGITAL/ANALOG DIVIDE

by Matthew Sag on 8/25/16
This Article shows how the substantive balance of copyright law has been overshadowed online
by the system of intermediary safe harbors enacted as part of the Digital Millennium Copyright
Act ("DMCA") in 1998. The Internet safe harbors and the system of notice-and-takedown
fundamentally changed the incentives of platforms, users, and rightsholders in relation to claims
of copyright infringement. These different incentives interact to yield a functional balance of
copyright online that diverges markedly from the experience of copyright law in traditional
media environments. This article also explores a second divergence: the DMCA's safe harbor
system is being superseded by private agreements between rightsholders and large commercial
Internet platforms made in the shadow of those safe harbors. These agreements relate to
automatic copyright filtering systems, such as YouTube's Content ID, that not only return
platforms to their gatekeeping role, but encode that role in algorithms and software.
The normative implications of these developments are contestable. Fair use and other axioms of
copyright law still nominally apply online; but in practice, the safe harbors and private
agreements made in the shadow of those safe harbors are now far more important determinants
of online behavior than whether that conduct is, or is not, substantively in compliance with
copyright law. The diminished relevance of substantive copyright law to online expression has
benefits and costs that appear fundamentally incommensurable. Compared to the offline world,
online platforms are typically more permissive of infringement, and more open to new and
unexpected speech and new forms of cultural participation. However, speech on these platforms
is also more vulnerable to over-reaching claims by rightsholders. There is no easy metric for
comparing the value of non-infringing expression enabled by the safe harbors to that which has
been unjustifiably suppressed by misuse of the notice-and-takedown system. Likewise, the harm
that copyright infringement does to rightsholders is not easy to calculate, nor is it easy to weigh
against the many benefits of the safe harbors.
DMCA-plus agreements raise additional considerations. Automatic copyright enforcement

systems have obvious advantages for both platforms and rightsholders; they may also allow
platforms to be more hospitable to certain types of user content. However, automated
enforcement systems may also place an undue burden on fair use and other forms of non-
infringing speech. The design of copyright enforcement robots encodes a series of policy choices
made by platforms and rightsholders and, as a result, subjects online speech and cultural
participation to a new layer of private ordering and private control. In the future, private
interests, not public policy will determine the conditions under which users get to participate in
online platforms that adopt these systems. In a world where communication and expression is
policed by copyright robots, the substantive content of copyright law matters only to the extent
that those with power decide that it should matter.
- 746 -
EXPERIMENTS IN INTELLECTUAL PROPERTY

in Research Handbook on the Economics of Intellectual Property Law by Christopher
Buccafusco & Christopher Jon Sprigman on 9/13/16
Perhaps more than any other area, intellectual property (IP) law is grounded in assumptions
about how people behave. These assumptions involve how creators respond to incentives, how
rights are licensed in markets, and how people decide whether to innovate or borrow from the
culture and technologies that they see around them. Until recently, there had been little effort to
validate any of these assumptions. Fortunately, the last decade has witnessed significant interest
in empirically testing IP law's foundations.
This Chapter discusses the use of experimental and survey methods to understand how various
features of copyright and patent law affect behavior. These methods are a valuable addition to
the empirical toolkit, because they allow researchers to ask and answer questions that are not
generally possible to approach with other empirical strategies. We first discuss some of the
advantages of using experimental research. Then we highlight some of the findings that this
research has produced in the copyright and patent fields thus far. Finally, we explore a variety of
methodological issues that experimental researchers face.
THE COMPETENCE OF THE EU TO CREATE A NEIGHBOURING RIGHT FOR

PUBLISHERS
by Ana Ramalho on 9/15/16
URL: https://ssrn.com/abstract=2842313
This paper examines the competence of the EU to introduce a neighbouring right for publishers
(including a neighbouring right for press publishers, also called "ancillary copyright"). The
assessment of competence is carried out following a step-by-step approach, which involves an
analysis of the applicable Treaty norms and an assessment of subsidiarity and proportionality.
October 2016
DROIT DE SUITE, COPYRIGHT'S FIRST SALE DOCTRINE AND PREEMPTION OF

STATE LAW
in Hastings Communications & Entertainment Law Journal by David E. Shipley on 10/4/16
The primary focus of this article is whether California's forty-year old droit de suite statute; the
California Resale Royalty Act (CRRA), is subject to federal preemption under the Copyright
Act. This issue is now being litigated in the Ninth Circuit, and this article concludes that the
CRRA is preempted under section 301(a) of the Copyright Act and under the Supremacy Clause
because it at odds with copyright's well-established first sale doctrine.
- 747 -
Joshua L. Simmons
The basic idea of droit de suite is that each time an artist's work is resold by a dealer or auction
house, the artist is entitled to a royalty, typically five percent, on the resale price even though he
or she has not retained copyright to the art object let alone ownership. France has granted its
artists this right since the 1920s, the EU harmonized droit de suite in 2001, and about 70
countries now have resale royalty laws but not the United States even though resale royalty
legislation has been introduced in Congress sporadically since the late 1970s.
Resale royalty legislation was introduced in 11 states but California is the only state to have
passed such a law. This statute, enacted in 1976, withstood a preemption challenge under the
Copyright Act of 1909 in Morseburg v. Balyon, a 1980 ruling by the Ninth Circuit. Everything
then remained relatively quiet until 2011 when Sotheby's and other art dealers were sued by
artists seeking their royalties under the statute. The Ninth Circuit ruled in 2015 that the CRRA
violated the dormant Commerce Clause by attempting to regulate transactions outside of
California but it treated the CRRA's sections regulating in-state sales as severable. After the U.S.
Supreme Court denied certiorari the case was remanded to the U.S. District Court for the Central
District of California which held earlier this year in Estate of Robert Graham v. Sotheby's, Inc.
that the remaining sections of the CRRA were preempted under section 301 of the Copyright
Act. Notwithstanding the law of the circuit doctrine the court also concluded that recent
decisions by the United States Supreme Court and the Ninth Circuit had so eroded Morseburg
that it no longer represented a binding interpretation of copyright's first sale doctrine and the
California statute. Accordingly, the CRRA was preempted under the Supremacy Clause because
it conflicted with first sale.
The Estate of Robert Graham decision certainly will be reviewed by the Ninth Circuit and it
could eventually find its way to the U.S. Supreme Court. The high court has not addressed a
preemption issue in the general field of intellectual property since the Bonito Boats decision in
1989, and it has never addressed a preemption issue arising under section 301 of the Copyright
Act of 1976. The focus of this article is not about whether the United States should implement
droit de suite. Rather, it concentrates on two relatively narrow questions: (1) whether the CRRA
is preempted under the Constitution's Supremacy Clause (conflict preemption) because it
disrupts Congress's efforts to balance the interests of copyright right owners and consumers; and,
(2) whether it is preempted under section 301 of Copyright Act (express preemption). This
article concludes that although the federal district court might have overstated the impact of the
U.S. Supreme Court's first sale decisions and failed to consider several arguments supporting the
California statute, it still got things right: California's droit de suite statute is preempted under
section 301 of the Copyright Act and under conflict preemption analysis because it frustrates the
purposes of copyright's well-established first-sale doctrine.
- 748 -
TECHNOLOGICAL NEUTRALITY: RECALIBRATING COPYRIGHT IN THE

INFORMATION AGE
by Carys J. Craig on 10/14/16
This Article aims to draw the connection between how we conceptualize legal rights over
information resources and our capacity to develop technologically neutral legal norms in the
information age. More specifically, it identifies and critically examines three competing
approaches to the idea of technological neutrality apparent in copyright jurisprudence.
Ultimately, it is argued that true technological neutrality requires not simply the seamless
expansion of legal rights into new technological contexts, but the careful, contextual
recalibration of rights and interests in light of shifting values and changing circumstances. As a
normative principle, technological neutrality in copyright law thus demands a nuanced and
relational understanding of the rights at play, and the social values that they seek to foster as
technologies evolve.
3D PRINTING AND US COPYRIGHT LAW

by Peter S. Menell & Ryan G. Vacca on 10/26/16
This article explores how 3D printing fits within US copyright law. US copyright law provides a
well-developed general framework for the protection of creative designs, whether fixed in CAD
files or 3D objects. Enforcement of copyright protection in this industry faces some of the same
challenges encountered by other content industries whose works were disrupted by the digital
revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US
copyright law has a rich common law tradition that affords courts significant leeway in adapting
doctrines to new and unforeseen technological developments. This capacity is reinforced by the
range of business strategies available for confronting appropriability challenges. Thus, this
article surveys the 3D printing terrain on three levels: (I) copyrightability of CAD files and 3D
objects; (II) enforcement challenges; and (III) business strategies. The ultimate governance
regime will depend upon the business strategies that copyright owners and disruptive businesses
pursue, the extent to which courts adapt copyright doctrines to new and unforeseen challenges,
and the Copyright Office's exemptions under the DMCA's anti-circumvention provisions.
COPYRIGHT'S FRAMING PROBLEM

in UCLA L. Rev. by Margot E. Kaminski & Guy A. Rub on 10/28/16
Copyright law has a framing problem. The problem is pervasive, unresolved, and often
unnoticed, and it significantly impacts the nature and scope of copyright protection. Copyrighted
works are complex: books consist of chapters, newspapers consist of articles, and so on. Courts
often need to decide whether to frame the work as one comprehensive whole, an approach we
call "zooming out," or to frame it as a combination of many small parts, an approach we call
- 749 -
Joshua L. Simmons
"zooming in." This framing move occurs across many copyright doctrines: in fair use,
infringement analysis, statutory damages calculations, separability determination, and more.
This Article focuses on decisions heavily affected by a court's framing choice. The results are
troubling. The study of those decisions suggests that in the majority of cases, courts frame the
work without noticing their framing move. When courts do explicitly reason their framing
choices, they use factors that are normatively questionable and increasingly less effective in
today's digital world. Consequently, copyrighted works are framed in an inconsistent way both
across copyright law doctrines and within each doctrine. In fact, there is almost no area of
copyright law in which courts consistently frame copyrighted works.
These variations in framing choices have costs. While these costs need to be acknowledged and
addressed, we reject one intuitively appealing approach to addressing them. Copyright law, we
show, should not provide a unified framing test, or unified definition of the "work," across all its
doctrines. Different areas of copyright law face different policy considerations. Sometimes the
framing of the work itself may need to change, so that the policy balance behind copyright law
can remain constant.
IS IT COPYRIGHT'S ROLE TO FILL HOUSES WITH BOOKS?

in Intellectual Property and Regulation of the Internet by Rebecca Giblin on 10/18/16
Proposed copyright reforms are typically situated as being pro-user/anti-author (or vice versa).
When it comes to making normative judgments about how far copyright rights ought to extend
however, we need to ask more than whether a change might make one or another interest worse
off. Since copyright isn't zero sum, we need to ask who loses *how much* in exchange for who
gaining *what*. This is particularly important when considering normative questions relating to
copyright's role in human and economic development, which are regaining urgency as the
marginal cost of copying continues to drop for the world's least advantaged populations,
increasing the deadweight loss attributable to copyright.
This paper adapts a Rawlsian conception of the public interest to develop an objective
framework that can enable more nuanced evaluation of the merits and demerits of global
copyright policy proposals. By refocusing the debate from what is being won and lost by
individual stakeholders towards the broader possibilities enabled by digital abundance, it shines
fresh light on copyright's potential to help vulnerable people live a 'good life', lift populations out
of poverty and stimulate fresh creation.
- 750 -
THE FRUIT OF THE POISONOUS TREE IN IP LAW

by Mark A. Lemley
If a police officer searches my home illegally and finds evidence of a crime there, the criminal
law suppresses not only that evidence, but evidence derived from the search that was not itself
found illegally. This doctrine is known as the "fruit of the poisonous tree." The animating
principle of the fruit of the poisonous tree doctrine is but-for causation: if you had not violated
the law, you wouldn't have found the evidence, and so you wouldn't have followed whatever
investigative path was triggered by the finding of that evidence. The newly discovered evidence -
the fruit - is tainted by the poison of the illegal search.
Civil law also concerns itself with chains of causation, both in determining liability and in
ordering relief. But civil does not apply the logic of the fruit of the poisonous tree to chase down
every consequence of a wrong. Tort law, for example, requires proof not only of but-for
causation but also that the defendant was a sufficiently proximate cause of the injury. Plaintiffs
can recover for some (but not all) unforeseeable consequences. And while remedies law
generally tries to return plaintiffs to their rightful position, compensating them for injuries and
giving them what they could have expected to receive absent the wrong, it also limits both who
can obtain compensation and the sort of thing for which they can be compensated.
Intellectual property (IP) regimes in particular struggle with causation issues in one important set
of cases: defendants who infringe an in IP right in the course of making a product that does not
itself infringe that right. Suppose, for instance, that I copy your song onto my laptop in order to
make my own song that samples yours. Depending on how much I use, the final song I release
may not infringe your copyright, but intermediate versions of my song might, as might the
original copy. Or suppose I use a patented microscope without permission to make a scientific
discovery that turns into a new drug. The drug doesn't infringe the patent, which is, after all, on a
microscope, not a chemical. But the act of research might infringe. Or I might steal your product
to figure out how it works, not so that I can copy it but so I can make a one that works a different
way. My final product doesn't incorporate your secret, but I used my ill-gotten knowledge of
your product to get there.
IP law is all over the map in dealing with such cases. Some IP regimes, like trade secret law,
apply the fruit of the poisonous tree logic, allowing the plaintiff to recover not only for the
profits the defendant made from secrets she actually stole and used but also for the profits of any
product that resulted from the use of those secrets. It will also grant a "head-start" injunction
against even non-infringing products. Copyright law, by contrast, does not permit a plaintiff
either to obtain an injunction or to recover damages against non-infringing final products. Patent
law is somewhere in between, refusing to enjoin non-infringing products but leaving the door
open to reach-through royalty claims.
It is not clear that these differences reflect any considered judgment about when IP law should
prevent or punish the making and sale of non-infringing products tainted by infringement in the
process of creation. In this article, I offer a cohesive way to think about the fruit of the poisonous
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Joshua L. Simmons
tree in IP law. Whether IP remedies should extend to tainted but non-infringing products should
be a function of the mental state of the infringer, the likelihood that infringement will be
detected, and the contribution made by the final, non-infringing product. Balancing those three
factors won't necessarily lead all IP regimes to treat the fruit of the poisonous tree in the same
way. But it does both explain and suggest some needed reforms to the current legal rules.
HIDDEN HANDS THAT SHAPED THE MARKETPLACE OF IDEAS: TELEVISION'S

EARLY TRANSFORMATION FROM MEDIUM TO GENRE
in University of Denver Sports and Entertainment Law Journal by Jon Garon on Spring 2016
In a few decades from the beginning of national radio broadcasts to the Post-War cultural
explosion, artists, politicians, lawyers, and spies forged the Golden Age of Television.
Conflicting pressures of media censorship, modernist design, American hegemony, expressionist
art, anti-communist legislation, and TV ownership limitations clashed and reshaped the cultural
identity of the American viewer. These forces competed for dominance, shaping the content,
empowering new producers, and setting new standards for artist and viewer alike. Studies on the
broadcast industry marketplace assessed the efficiency of broadcast licensing but failed to
identify either the influences or goals of the emerging television market. This article develops the
origins of television from its beginning in radio and film innovations. It then chronicles the
surprising influences of modern art as part of the government's strategy to address Cold War
concerns. Cold War politics, nascent marketing ...
UNBUNDLING COPYRIGHT FROM PATENTS TO INFORM THE ANALYSIS OF NOTICE

COSTS AND MONOPOLY
in Boston University Law Review by Stan J. Liebowitz on 11/27/2016
This paper examines a crucial difference between copyright and patents that requires very
different analyses for each in the cases of notice effects and monopoly. In the first instance,
notice costs will be shown to be much more import in the case of patents then they are in the case
of copyright. In fact, notice costs will be zero for many if not most copyright works. In the
second instance, the claim that intellectual property creates a monopoly will be shown to be
incorrect for copyright although possibly correct for patents. The reason that these two
fundamental components of intellectual property differ from one another in these cases is that
copyright, while preventing copying, does not prevent independent creation, whereas patent law
prevents both copying and independent creation.
- 752 -
COPYRIGHT PROTECTION AND CUMULATIVE CREATION: EVIDENCE FROM EARLY

TWENTIETH CENTURY MUSIC
by Stephanie Holmes Didwania on 9/1/16
This paper uses data from an online database of music sampling to estimate the effect of
copyright protection on the cumulative use of music. Using a unique panel dataset that links
upstream and downstream music, I use regression analysis to examine the rates at which early
twentieth-century musical works were used before and after entering the public domain over the
years 1923-2013. The results suggest that copyright protection causes an upstream work to be
used roughly 25 to 50 percent as often as it would if it was in the public domain after
conditioning on upstream-song and downstream-year fixed effects. Placebo regressions in which
the copyright expiration date is artificially shifted by two, five, and ten years yield no significant
results, suggesting an immediate effect of copyright expiration on cumulative use.
December 2016
API COPYRIGHTABILITY BLEAK HOUSE: UNRAVELING THE ORACLE V. GOOGLE

JURISDICTIONAL MESS
in Berkeley Technology Law Journal by Peter S. Menell on 12/3/2016
Like Dickens' tale of Jarndyce and Jarndyce, the Oracle v. Google litigation has droned on for
what seems like generations in the software industry with no clear end in sight. The litigation is
on an especially wasteful and perilous course due to its peculiar jurisdictional posture. As a result
of patent infringement allegations lodged in the complaint, the Federal Circuit has exclusive
appellate jurisdiction notwithstanding that neither party appealed the rejection of the patent
causes of action. Hence, the only issues presented to the Federal Circuit were copyright issues
governed by Ninth Circuit, as opposed to Federal Circuit, jurisprudence. The Federal Circuit
misinterpreted Ninth Circuit (and general) copyright law, thereby steering the case into a
needless fair use retrial.
Congress did not provide a mechanism short of Supreme Court review for ensuring that the
Federal Circuit properly interpreted regional circuit law. After tracing the history of the Oracle v.
Google litigation and critiquing the Federal Circuit's analysis, this article evaluates a range of
potential reforms to the appellate jurisdictional mess presented by software intellectual property
litigation and proposes several solutions to this Dickensian predicament.
3D PRINTING AND US COPYRIGHT LAW

by Peter S. Menell & Ryan G. Vacca on 12/3/2016
This article explores how 3D printing fits within US copyright law. US copyright law provides a
well-developed general framework for the protection of creative designs, whether fixed in CAD
files or 3D objects. Enforcement of copyright protection in this industry faces some of the same
- 753 -
Joshua L. Simmons
challenges encountered by other content industries whose works were disrupted by the digital
revolution. Nonetheless, 3D printing brings distinctive issues. Although grounded in statute, US
copyright law has a rich common law tradition that affords courts significant leeway in adapting
doctrines to new and unforeseen technological developments. This capacity is reinforced by the
range of business strategies available for confronting appropriability challenges. Thus, this
article surveys the 3D printing terrain on three levels: (I) copyrightability of CAD files and 3D
objects; (II) enforcement challenges; and (III) business strategies. The ultimate governance
regime will depend upon the business strategies that copyright owners and disruptive businesses
pursue, the extent to which courts adapt copyright doctrines to new and unforeseen challenges,
and the Copyright Office's exemptions under the DMCA's anti-circumvention provisions.
THE QUESTIONABLE ORIGINS OF THE COPYRIGHT INFRINGEMENT ANALYSIS

in Stanford Law Review by Shyamkrishna Balganesh
URL: http://www.stanfordlawreview.org/wp-
content/uploads/sites/3/2016/04/68_Stan._L._Rev._791_-_Balganesh.pdf
Central to modern copyright law is the test for determining infringement, famously developed by
Judge Jerome Frank in the landmark case of Arnstein v. Porter. The "Arnstein test," which courts
continue to apply, demands that the analysis be divided into two components: actual copying-the
question whether the defendant did in fact copy-and improper appropriation-the question
whether such copying, if it did exist, was
unlawful. Somewhat counterintuitively, though, the test treats both components as pure questions
of fact, requiring that even the question of improper appropriation go to a jury. This jury-centric
approach continues to influence modern copyright law and is responsible for the subjective and
unpredictable nature of the infringement analysis in copyright infringement lawsuits. Examining
the memoranda, correspondence, and extrajudicial writings of the three judges who decided the
Arnstein case reveals that the court's decision to empower the jury was driven almost entirely by
Judge Frank's unique legal philosophy-his skeptical views about judicial factfinding and his
desire to control lower court decisionmaking. Characterizing the entire infringement analysis as a
purely factual one provided him with a perfect mechanism for giving effect to his skepticism.
The Arnstein test thus had very little to do with substantive copyright law and policy, a reality
that copyright jurisprudence has thus far ignored altogether in its continuing affirmation of the
opinion's framework. This Article disaggregates the complex issues that were at play in Arnstein
to show how the opinion was rooted in a dystopian vision of the adjudicative process that has
since come to be universally repudiated and argues that it may well be time for copyright
jurisprudence to reconsider its dogmatic reliance on Arnstein, thereby freeing copyright law from
one of its best-known malaises.
- 754 -
WHY THE OBERHOLZER-GEE/STRUMPF ARTICLE ON FILE SHARING IS NOT

CREDIBLE
via in Eco Journal Watch by Stan J. Liebowitz on 9/1/16
URL: http:// ssrn.com/abstract=2887151
This article examines the data, results, and methods underlying an influential 2007 article on
music piracy published in the Journal of Political Economy. The authors of that article had
access to music download data from actual pirate servers - data that has never been made public -
providing much of the article's novelty and lending it an aura of authenticity. They also relied
upon an esoteric instrument, the number of German kids on school vacations, which they
claimed had a strong positive effect on American piracy. My reexamination identifies several
important concerns and problems. First, the measured aggregate download data contain
extremely large weekly variations that are inconsistent with other comparable data. Then, the
first-stage instrumented regression results imply, counter-factually, that American piracy should
disappear on days when German children are in school. Further, the reported average value of
the German school variable erroneously indicates that German students spend more time on
holiday than at school, indicating a serious problem in the construction of that variable. In
addition, the aggregate relationship between measured American downloads and German school
vacations is the opposite of the hypothesized relationship underlying the use of the instrument.
Most importantly, a careful investigation of the German kids on school holiday reveals any
possible impact on the number of pirate files made available to Americans to be far too small to
have had a causal impact on American piracy. Finally, the number of German kids on school
holidays is revealed to not be independent of American record sales, invalidating their use as an
instrument.
- 755 -
Joshua L. Simmons
Prepared by
Joshua L. Simmons
Kirkland & Ellis LLP
http://www.joshualsimmons.com
- 756 -

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2016 COPYRIGHT DEVELOPMENTS

Prepared for the American Bar Association’s

I. COPYRIGHT DECISIONS ..............................................................................................1

Middle District of Tennessee .................................................................................54

II. COPYRIGHT-RELATED LEGISLATION ...............................................................125

III. COPYRIGHT OFFICE .................................................................................................133

Section 512 Study ...........................................................................................................145

IV. COPYRIGHT ROYALTY BOARD ............................................................................167

V. OTHER AGENCIES .....................................................................................................173

VI. COPYRIGHT IN THE NEWS .....................................................................................175

VII. JOURNAL OF THE COPYRIGHT SOCIETY OF THE USA ................................709

VIII. COPYRIGHT LAW JOURNAL ARTICLES.............................................................711

U.S. Supreme Court

KIRTSAENG V. JOHN WILEY & SONS, INC.

ALLIANCE OF ARTISTS AND RECORDING COMPANIES, INC. V. GENERAL MOTORS

SPANSKI ENTERPRISES, INC. V. TELEWIZJA POLSKA S.A.

SPANSKI ENTERPRISES, INC. V. TELEWIZJA POLSKA S.A.

JANE DOE NO. 1 V. BACKPAGE.COM, LLC

ICONICS, INC. V. MASSARO

SUSTAINABLE SOURCING, LLC V. BRANDSTORM, INC.

SOFT-AID, INC. V. SAM-ON-DEMAND, LLC

Court of Appeals for the Second Circuit

CBS BROADCASTING INC. V. FILMON.COM, INC.

FLO & EDDIE, INC. V. SIRIUS XM RADIO, INC.

CAPITOL RECORDS, LLC V. VIMEO, LLC

EMI BLACKWOOD MUSIC INC. V. KTS KARAOKE, INC. DBA KTSKARAOKE.COM

URBONT V. SONY MUSIC ENTERTAINMENT

SMITH V. BARNESANDNOBLE.COM, LLC

TCA TELEVISION CORP. V. MCCOLLUM

In this action for copyright infringement, plaintiffs, successors-in-interest to the estates of

EMI CHRISTIAN MUSIC GROUP, INC. V. MP3TUNES, LLC

EAST POINT SYSTEMS, INC. V. MAXIM

Eastern District of New York

Northern District of New York

STUBBY STRIP, LLC V. FOOD MARKET MERCHANDISING, INC.

Southern District of New York

LOUIS VUITTON MALLETIER, S.A. V. MY OTHER BAG, INC.

HAYUK V. STARBUCKS CORPORATION

YOUNG-WOLFF V. JOHN WILEY & SONS, INC.

PROTOONS INC. V. REACH MUSIC PUBLISHING, INC.

SENISI V. JOHN WILEY & SONS, INC.

ELASTIC WONDER, INC. V. POSEY

BAIUL V. NBC SPORTS

PALMER/KANE LLC V. ROSEN BOOK WORKS LLC

JOHN WILEY & SONS, INC. V. BOOK DOG BOOKS, LLC

II. Secondary Liability . . . A. Contributory Infringement. . . . Here, even assuming that

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