Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]
A new ruling from the U.S. District Court for the Southern District of New York addresses a hot topic of copyright infringement surrounding the posting of copyrighted material on social media. U.S. District Judge Mary Kay Vyskocil ruled in favor of plaintiff photographer Mark Iantosca on his motion for summary judgment against Elie Tahari, Ltd. […]
Earning a judgment against an individual allegedly infringing on one’s copyright is not as simple as obtaining information attaching an IP address to the supposed infringer and connecting the dots for the judge. The court denied a plaintiff’s motion for default judgment in a case pending before the U.S. District Court for the Northern District […]
Greg Young Publishing and Zazzle resumed the parties’ battle over willful copyright infringement this past Thursday, July 9 in California federal court. This copyright battle goes back to June 23, 2016, when Greg Young, a publisher of visual arts brought legal action against Zazzle, a website allowing its users to upload images of artwork to […]
Are states completely immune from federal copyright infringement actions brought by individuals? That question was just answered by the U.S. Supreme Court in the case of Allen, et al. v. Cooper, Governor of North Carolina, et al. Frederick Allen recorded videos and captured photographs of a shipwreck off the coast of North Carolina. He registered those works […]
On October 22, 2019, the Copyright Alternative in Small-Claims Enforcement Act (the CASE Act), was approved by a 410-6 vote in the House of Representatives. The intention of the Act is to establish a small claims court for content creators to more easily take legal action against alleged infringers.
A copyright infringement lawsuit has been filed against the popular music streaming service Pandora. The Complaint, filed by Wixen Music Publishing, alleges that Pandora has continued to exploit lyrics to musical compositions without authorization. It includes a schedule of musical compositions, but indicates that there are likely many more that have not been included in […]
Internet personality Logan Paul, who has millions of subscribers on his YouTube channel, has been sued for copyright infringement. The Complaint, filed in the U.S. District Court for the Central District of California, alleges that his composition “No Handlebars” willfully infringes on an original composition by Flobots titled, “Handlebars.” The original was written and recorded in […]
Is it true that no one can own a dance step? That is what video game publisher Epic Games is arguing in a motion to dismiss that it filed on February 11 in a federal case that was brought by Terrence “2 Milly” Ferguson.
The U.S. Supreme Court is not only looking at an interesting trademark case, but also a copyright concern that has the potential to have a major impact on copyright infringement litigation.