By: Andrew L. Deutsch and Tamar Y. Duvdevani
On March 4, 2019, the United States Supreme Court decided an important issue of copyright law that had divided federal courts for years. In Fourth Estate Public
Continue Reading
Copyright
SUPREME COURT RULES COPYRIGHT REGISTRATION REQUIRED TO SUE
By Ann Ford & James Stewart on
On Monday, March 4, 2019, the U.S. Supreme Court issued a unanimous ruling holding that a copyright owner cannot file a lawsuit for copyright infringement until the U.S. Copyright Office has registered the work at…
Continue Reading
MUSIC MODERNIZATION ACT
By DLA Piper on
By: Ryan Compton and Thomas Holguin
After many years of litigation and lobbying expenses, the battle over pre-1972 music rights has finally been ended. On October 11, 2018, President Trump signed the Music Modernization Act…
Continue Reading
DEAL OR NO-DEAL? IMPLICATIONS OF A NO-DEAL BREXIT FOR UK IP LAWS – COPYRIGHT
By DLA Piper on
By: Sam Mitchell
BACKGROUND
This week, the UK Government released multiple technical notes detailing the intellectual property implications of a no-deal Brexit for exhaustion of rights, patents, trademarks and designs, and copyright…
Continue Reading
ATHLETES’ RIGHT OF PUBLICITY CLAIMS DIRECTED TO SPORTS VIDEO GAMES NOT PREEMPTED BY COPYRIGHT ACT
By DLA Piper on
Posted in Copyright, Trademark and Copyright
By: Frank Ryan and Matt Ganas (with contribution from Michael Varrige)
The California federal district court, in Davis v. Electronic Arts Inc., recently issued the latest in a series of decisions involving athletes’ right…
Continue Reading
UNITED STATES SUPREME COURT SIDES WITH COPYRIGHT OWNER IN STAR ATHLETICA CASE
By DLA Piper on
On March 22, 2017, in a 6-2 decision authored by Justice Thomas, the United States Supreme Court ruled that the designs on Varsity Brands’ cheerleading uniforms are eligible for copyright protection. The crux of this decision relates to the fact that the United States Copyright Act treats the copyrightability of “useful articles” differently than “pure” works of art. Specifically, the Act states that: “The design of a useful article, as defined in this section, shall be considered a pictorial, graphic or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article.” 17 U.S.C. § 101.…
Continue Reading
THINK BEFORE YOU LINK – CJEU CONFIRMS THAT LINKING TO FREELY AVAILABLE BUT UNAUTHORISED CONTENT CAN INFRINGE COPYRIGHT
By Rahool Sarjua and John Cloke
Following the string of cases on hyperlinking the CJEU has dealt with in recent years, the court has emphatically confirmed in its judgment in GS Media v Sanoma & Ors that hyperlinking to works that have been made available on the Internet without the authorisation of the copyright owner can infringe copyright.…
Continue Reading
Trump Has A Legal Problem. And We Don’t Mean The Donald.
By DLA Piper on
Last month, in our piece about the pending Supreme Court case Varsity Brands, Inc. v. Star Athletica, LLC, we took a close look at the copyright protection afforded to useful articles
Cheerleading Uniforms and Copyright Uniformity: When is a useful article’s artistic aspects amenable to copyright protection?
By Tamar Duvdevani
Federal courts have long addressed when and if aspects of functional items can be subject to copyright protection. In the United States, “useful articles” such as lighting fixtures, furniture, appliances, and apparel,
UK: “No rights, no cry!” – Court of Appeal rules on copyright in certain Bob Marley songs
By Eunice R. Chung on
Reposted from Media, Sports, and Entertainment Blog
By Holly Pearlman, Sam Churney, Katherine Mullally
The Court of Appeal recently ruled on the ownership of the copyright in the music and lyrics (the “Copyright“)