Searching Content indexed under Media & Entertainment Law by McDermott Will & Emery ordered by Published Date Descending.
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Government Issues New Tool To Help Mobile App Developers Identify Applicable Federal Laws
This week, the Federal Trade Commission (FTC or Commission) released an interactive tool (entitled the "Mobile Health Apps Interactive Tool") that is intended to help developers identify the federal law(s)...
United States
25 Apr 2016
The 'Super Powered' Rule Of Stare Decisis Defeats Spider Man
The Supreme Court of the United States, in a 6-3 decision, left undisturbed the rule from its 51-year-old decision in Brulotte v. Thys Co. (1964), invoking stare decisis and rejecting arguments seeking to overturn the rule barring patent royalty agreements that obligate payment of post-patent expiration royalties. Kimble v. Marvel Entertainment, LLC, Case No. 13-720 (Supr. Ct., June 22, 2015) (Kagan, Justice) (Alito, Justice dissenting).
United States
24 Jun 2015
Cheap Internet TV Thwarted?
A win by Aereo at the top court could have radically reshaped the broadcast and cable television industry.
United States
1 Jul 2014
A "Reconstruction" Does Not Fulfill Copyright Application Deposit Requirement
In a case of first impression, the U.S. Court of Appeals for the First Circuit joined the Sixth and Ninth Circuits in finding that a reconstruction is not a "copy" for purposes of a copyright application deposit.
United States
17 Dec 2007
Sampling Without A License Results In Damages – But How Punitive Should They Be?
The plaintiffs brought suit for copyright infringement against the music publishers behind the Notorious B.I.G. album Ready to Die, the title song of which contained an unlicensed sample of "Singing in the Morning."
United States
14 Dec 2007
Go Celebrate Mr. Jackson; Here’s 50 Cent For Your Birthday
Addressing an unusual but high-profile copyright dispute involving famous rappers, the U.S. Court of Appeals for the Eleventh Circuit granted summary judgment for rapper Curtis Jackson (a.k.a. 50 Cent) on claims that he infringed the copyright for the song “Its Your Birthday” by rapper Luther Campbell of 2 Live Crew.
United States
2 Oct 2007
Ninth Circuit Finds for Studios and Lopez in "Flashdance" Controversy
In affirming the district court’s grant of defendants’ motions to dismiss under Rule 12(b)(6), the U.S. Court of Appeals for the Ninth Circuit upheld the validity of a General Release signed by a dancer allowing Paramount to use her life story as the basis for the film Flashdance.
United States
1 Aug 2006
State Voice Protection Statute Pre-Empted by Copyright Laws
The U.S. Court of Appeals for the Ninth Circuit ruled that a vocalist’s state law claims, based on protection of a performer’s voice, were pre-empted by the Copyright Act in Debra Laws v. Sony Music Entertainment, Case No. 03-57102 (9th Cir. May 24, 2006) (Bybee, J.).
United States
12 Jul 2006
Permanent Injunction Looms Over EchoStar
The U.S. Court of Appeals for the Eleventh Circuit recently handed television network broadcasters an important victory in their long-running battle against satellite TV provider EchoStar Communications Corp. The court ruled EchoStar violated federal copyright law and remanded the case to district court for entry of a nationwide permanent injunction.
United States
11 Jul 2006
English Judge Denies Protection to Historical Faction
In a case where two authors sued the publisher of Dan Brown’s bestseller, "The Da Vinci Code" (DVC), and delayed the release of the Hollywood film starring Tom Hanks, the Judge, following established case law, held that the ideas that were copied were too general to be capable of protection. Baigent and Leigh v. Random House Group Limited, Case No. HC04C 03092 (High Court of Justice, Chancery Division Apr. 7, 2006) (P. Smith, J.).
United States
13 Jun 2006
The End of Peer-To-Peer File Sharing?
In 1999 the Napster file transfer service first released software allowing internet users to engage in the mass digital distribution of copyrighted music online.
United States
31 May 2006
U.S. Supreme Court Discards the "General Rule" in Patent Cases
A unanimous U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit’s long-standing "general rule" that "a permanent injunction will issue once [patent] infringement and validity have been adjudged."
United States
22 May 2006
D.C. Circuit Condemns Collaboration in Support of Three Tenors Joint Venture
Recently, the U.S. Court of Appeals for the D.C. Circuit affirmed a Federal Trade Commission (FTC) ruling that two major record companies violated antitrust laws in connection with their lawful joint venture to market and distribute the 1998 "Three Tenors" album in Polygram Holdings, Inc. v. Federal Trade Commission, Slip. Op. No. 03-1203 (July 22, 2005). While the conduct of the joint venture itself was not the subject of scrutiny by the FTC, a subsequent agreement to limit advertising and disc
United States
17 Aug 2005
President Signs Family Entertainment and Copyright Act of 2005
On April 27, 2005 President Bush signed the Family Entertainment and Copyright Act of 2005 (Pub.L. 109-9). The Act includes provisions for a federal ban on videotaping in movie theaters, an exemption for technology that allows viewers to edit objectionable material from movies viewed at home, a reauthorization of the National Film Preservation Board and Foundation and an extension of the rights of libraries to copy orphan works.
United States
7 Jun 2005
"Good Faith Belief" in DMCA Notice and Takedown Provisions Requires Subjective Standard
Addressing the notice and takedown provisions of the Digital Millennium Copyright Act (DMCA), the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court’s granting of summary judgment, adopting a "subjective standard" for the good faith belief requirement.
United States
8 Feb 2005
"Continuing Wrong" Theory Does Not Avoid Statute of Limitations
The U.S. Court of Appeals for the Sixth Circuit upheld the district court ruling barring claims of contributory infringement for activity that occurred more than three years prior to the filing of the complaint.
United States
19 Aug 2004
The European IP Bulletin July 2004
Latest report from McDermott Will & Emery relating to European IP matters.
United States
9 Aug 2004
The European IP Bulletin July 2004
Latest report from McDermott Will & Emery relating to European IP matters.
4 Aug 2004
Intellectual Property: Breach of Confidence—Misuse of Private Information
On 6 May 2004, the House of Lords handed down its judgment in the case of Campbell v MGN Limited [2004] UKHL 22 on appeal from [2002] EWCA Civ 1373.
15 Jul 2004
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