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Third Circuit Rejects EA’s First Amendment Defense to College Athletes’ Right of Publicity Claims

Reposted from DLA Piper’s Sports, Media and Entertainment Blog By Frank Ryan, Richard Flaggert, Matthew Ganas and Rebecca Smock On May 21, 2013, the US Court of Appeals for the Third Circuit held that the First Amendment does not shield Electronic Arts, Inc. (EA) from right of publicity violations alleged in connection with its depiction … Continue Reading

The Next Episode In Broadcasters’ Effort To Halt Aereo

Reposted from DLA Piper’s Sports, Media and Entertainment Blog By Melissa Reinckens and Marc Miller In April, we wrote about the ongoing dispute between Aereo, the upstart technology company that utilizes warehouses full of tiny antennas to capture over-the-air television and then retransmit it over the Internet to its subscribers’ digital devices. Broadcasters, who view … Continue Reading

SIGNIFICANT CHANGES INTRODUCED AND PLANNED TO UK IP LEGISLATION

By John Wilks and Charles Harvey UK IP legislation is changing. First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some would have liked). Secondly, the Government announced in the Queen’s Speech that it … Continue Reading

Broadcasters Request En Banc Rehearing After Court of Appeals Rejects Shutdown of Retransmission Service Aereo

UPDATE:  Earlier this month, the Second Circuit in a 2-1 decision affirmed a lower court ruling rejecting an injunction against broadcast television retransmitting service Aereo, based on the Copyright Act’s public/private performance provisions. Yesterday, in response to this decision, broadcasters filed a petition with the Second Circuit for an en banc review arguing that the … Continue Reading

SPORTS, MEDIA AND ENTERTAINMENT INTELLIGENCE, APRIL, 2013: INTERNET AND DIGITAL MEDIA

Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper INTERNET AND DIGITAL MEDIA UK: Proprietary rights from copyright infringement – Twentieth Century Fox Film Corporation v David Harris A copyright owner does not have a proprietary claim to the profits from an infringement of its copyright, … Continue Reading

DLA Piper secures second noteworthy copyright win, clearing way for release of Emma Thompson’s film, ‘Effie’

DLA Piper represented Effie Film, LLC, the producer of the motion picture Effie, in a successful infringement case against New York playwright Gregory Murphy. Murphy had accused Academy Award-winning actress and screenwriter Emma Thompson, the author of the Effie screenplay, of infringing his copyright. A March 20, 2013 decision of the Southern District of New … Continue Reading

IP Alert: TV CATCHUP CAUGHT OUT?

By John Wilks and Catherine Beloff The CJEU has handed down its decision on the copyright questions referred by the UK High Court in the long-running battle between ITV, Channel 4 and Channel 5 and TV Catchup (“TVC”). Copyright owners will be relieved that the CJEU has confirmed that streaming content via the internet constitutes … Continue Reading

SPORTS, MEDIA AND ENTERTAINMENT INTELLIGENCE, FEBRUARY, 2013: DIGITAL MEDIA AND INTERNET II

Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper DIGITAL MEDIA AND INTERNET UK: Relaxation on UK copyright law In the UK government’s response to consultation on copyright exceptions and clarifying copyright law published in December 2012, the UK government has announced that copyright law will … Continue Reading

DC Bar’s “For the Love of Fashion: Protect Yourself” Event

Last night, we attended a DC Bar fashion law panel discussion, “For the Love of Fashion: Protect Yourself,” at Baker Hostetler in Washington DC. It was a very informative and comprehensive discussion from in-house and outside counsel, including DLA Piper’s Lisa Norton, who is Of Counsel in the Patent Prosecution group, on trademark, copyright, and patent … Continue Reading

SPORTS, MEDIA AND ENTERTAINMENT INTELLIGENCE FEBRUARY, 2013 Edition: DIGITAL MEDIA AND INTERNET

Repost from the Sports, Media and Entertainment Intelligence bulletin from the Media & Sports Group at DLA Piper DIGITAL MEDIA AND INTERNET UK: Consultation on the implementation of Directive 2011/77/EU amending Directive 2006/116/EC on the Term of Protection of Copyright and Certain Related Rights The Intellectual Property Office (the IPO) has launched a consultation on … Continue Reading

DLA PIPER COPYRIGHT VICTORY FOR EMMA THOMPSON

By James Stewart Andy Deutsch, a partner in DLA Piper’s Trademark Copyright and Media practice group in the New York Office, recently won a judgment on the pleadings for Oscar-winning actress and writer Emma Thompson in the District Court for the Southern District of New York. Mr. Deutsch commented to Law360 on Tuesday that, “we … Continue Reading

DC Office Hosts Dinner & Diversity at The Source

On Thursday evening, the Washington, DC Office’s Diversity & Inclusion Committee Co-Chairs Radiance Harris and Thomas Zutic, who are also members of the Trademark, Copyright, and Media practice group, hosted a dinner for DLA Piper’s diverse lawyers and valued corporate counsel at The Source, the signature restaurant headlined by Chef Wolfgang Puck at the Newseum in Washington, … Continue Reading

Librarian of Congress Issues New Digital Millennium Copyright Act Exemptions

By Erin Wright Lothson The Digital Millennium Copyright Act (“DMCA”) was passed in 1998 and makes it illegal to circumvent digital rights management protections, including software. Given the rapid pace at which technology changes, Congress also granted the Librarian of Congress the power to issue exemptions to the DMCA every three years. The latest round … Continue Reading

The “Copy” Right in Australia

By Kathryn Purcell-Hennessy (Brisbane, Australia) Introduction Internet use in Australia is widespread, with the Australian Bureau of Statistics reporting that in 2010-11 (the latest figures available), more than 50% of Australians aged between 15 and 34 created online content and downloaded videos, movies or music. More than 68% of Australians in those age brackets listened … Continue Reading

DLA Piper Gathers in Schaumburg for IPT Retreat

This past weekend, over 200 DLA Piper attorneys traveled to Schaumburg, Illinois for the Intellectual Property & Technology (IPT) Practice Group Conference (“Conference”). The Conference’s theme was “Celebration and Commitment.” This three-day event focused on networking across offices, celebrating the achievements of the IPT practice, and committing to goals to expand and improve the IPT … Continue Reading

Sequins, Crystals, and Satin: 2nd Circuit Declines to Extend Copyright Protection to Prom Dresses

By James Stewart It is an exciting time for fashion law in the Second Circuit. On the heels of a landmark trademark decision holding that red soles could serve as a source identifier, the Second Circuit now approaches fashion law from a different perspective—copyright. As mentioned in previous posts, fashion designers today rely primarily on … Continue Reading

NEW TECHNOLOGY GIVES RISE TO MADONNA COPYRIGHT CLAIM

By James Stewart Madonna is the center of attention again regarding alleged misappropriation (remember the “Express Yourself” debate?).  The “Material Girl” is once again en vogue on the copyright docket in the Ninth Circuit.  According to IPLaw360, record label VMG Saloul LLC has sued Madonna, her record label, and a co-composer (collectively, “Madonna”) with whom … Continue Reading

You Can’t Take It With You (or Leave It To Your Heirs)

By Ryan Compton Bruce Willis may take a lot of chances in his movies, but recent newspaper stories reported he’s not interested in taking any chances with his real-life digital media. While the statements in these press reports, which indicated that Mr. Willis was considering challenging licensing terms prohibiting transfer of his digital media collection … Continue Reading

CONGRESSIONAL FALL FASHION MONTH

By James Stewart While New York has Fashion Week, September has proved to be Fashion Month in the Senate. On September 10, 2012, Senator Charles Schumer (D-NY) introduced S.3523 the “Innovative Design Protection Act of 2012” (“the Bill”).  The Bill, aimed at extending intellectual property protection to fashion designs, was approved by the Senate Judiciary … Continue Reading
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