Tag Archives: copyright

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, are generally not afforded copyright protection, and a plaintiff seeking recourse for misappropriation would need to look to trademark and … Continue Reading

AUSTRALIA: THE END OF THE PIRATE BAY AND VPNS IN AUSTRALIA? NEW CENSORSHIP LAWS PASSED TO BLOCK PIRACY WEBSITES

By Matthew Evans The Australian Government has introduced new laws to block websites at an internet service provider (ISP) level if they have the primary purposes of infringing or facilitating the infringement of copyright. On June 22 the Copyright Amendment (Online Infringement) Bill 2015 was passed in parliament, amending the Copyright Act to introduce the new provisions.  … Continue Reading

Eleventh Circuit Rules District Court Did Not See The Forest For The Trees When It Came To Copyright Protectability Of Laminate Maple Flooring

By Tamar Duvdevani This past Wednesday, April 29, the Eleventh Circuit reversed and remanded an underlying grant of summary judgment by the Northern District of Georgia that invalidated a copyright in a laminate wood flooring design.  In Home Legend, LLC v. Mannington Mills, Inc., defendant and counterclaimant Mannington Mills, Inc. asserted claims of copyright infringement … Continue Reading

A WORD FROM THE INDUSTRY’S MOUTH: INTERVIEW WITH PROFESSOR BARBARA POZZO

By Stefania Baldazzi and Elena Varese Coordinator of the Fashion Law Specialization Course at the University of Milan 1. Barbara, you are the coordinator of the postgraduate fashion law course at the Insubria University of Como and at the Statale University of Milan.  No similar course has ever been offered by an Italian academic institution … Continue Reading

Japan – Amendments to the METI Guidelines on Electronic Commerce and Information Property Trading

Reposted from Sports, Media and Entertainment Online By Keitaro Uzawa and Ann Cheung The Ministry of Economy, Trade and Industry of Japan (“METI“) recently revised the Interpretative Guidelines on Electronic Commerce and Information Property Trading (“Guidelines“), which apply to all online business operations in Japan and clarify how the Civil Code, which governs Japanese commercial contracts, and other … Continue Reading

Supreme Court Corner – Q3 2014

Reposted from Intellectual Property and Technology News By Brian Biggs, Stan Panikowski, and Andrew N. Stein RECENT DECISIONS NAUTILUS, INC. V. BIOSIG INSTRUMENTS, INC. Patent: Decided: June 3, 2014 Holding: In a unanimous (9-0) opinion authored by Justice Ruth Bader Ginsburg, the Court held that the Federal Circuit’s indefiniteness standard bred “lower court confusion” because … Continue Reading

AMENDMENTS TO THE PRC COPYRIGHT LAW ….the practical implications for rights owners

By Edward Chatterton and Horace Lam WHEN WILL THINGS CHANGE On June 6, 2014, the fourth draft version of the new PRC Copyright Law (New Law) was published for public comment, having first been published in 2010. The period for public comment ended on July 5, 2014 meaning the implementation of the New Law is … Continue Reading

FOLLOWING LOSS BEFORE THE SUPREME COURT, AEREO “ASTONISHES” BROADCASTERS WITH NEW LEGAL STRATEGY

Reposted from Intellectual Property and Technology Alert By Andrew L. Deutsch, Marc E. Miller and Melissa A. Reinckens Shortly after its highly publicized loss before the US Supreme Court, which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo shifted to a new legal strategy which it hopes will save its business from extinction.  … Continue Reading

Aereo Loses the Supreme Court Battle

By David M. Kramer and Rachelle M. Llontop Guest blog post by Rachelle M. Llontop. Rachelle is a summer associate in the Washington, DC office of DLA Piper. She attends the American University Washington College of Law and will graduate in 2015. Earlier today the United States Supreme Court reversed the Second Circuit’s decision in WNET, … Continue Reading

Copyright period for performers and musicians extended by 20 years

Repost from SPORTS, MEDIA AND ENTERTAINMENT ONLINE By Mary Mullen 1 November 2013 sees the Copyright and Duration of Rights in Performance Regulation 2013 come into force. The UK Law implements EU Directive 2011/77/EU which extends the term of copyright for artists who perform in recordings from 50 to 70 years. See our previous Sport Media and … Continue Reading

Ministry Claim Spotted Raising Original Copyright Issues

By John Wilks and Ruth Hoy A UK High Court claim filed this week by the Ministry of Sound record label against music streaming site Spotify raises some interesting issues around the originality threshold for copyright works. The claim, which was reported in the Guardian, alleges that the Ministry’s track listings (each a compilation of … 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
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