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Category: Litigation

Freemium is not “for free” in secondary transmission of signal

Non – profit organization Sports Fans Coaliti on NY, Inc. (“SFCNY”) operated the Locast service, which captures over-the-air (“OTA”) broadcast signals and retransmits them over the internet, enabling viewers to stream live television on their preferred internet-connected viewing device. The signals include copyrighted transmissions from plaintiffs’ broadcast stations. Locast has not paid for a license or obtained plaintiff’s consent to retransmit those programs.

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Use or lose the right to file a copyright infringement lawsuit

In 1994, Firooz Zahedi, a photographer, took several photographs of Uma Thurman in character in her now-famous role as Mia Wallace in the Quentin Tarantino film Pulp Fiction. Miramax, the studio that produced Pulp Fiction, used one of Zahedi’s photographs, with some changes (including changing the position of the gun on the bed in front of Ms. Thurman) on its poster for the film.

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Originality remains the sine qua non of copyright, no author may copyright his ideas or the facts he narrates

The musical Jersey Boys depicts the history of a popular musical quartet, the Four Seasons (“the Band”), from its origins in Belleville, New Jersey, in the 1950s, to the Band’s induction into the Rock and Roll Hall of Fame in 1990. In the late 1980s, Band member Tommy DeVito partnered with Rex Woodard to write a book telling “the whole story” of The Four Seasons. The result of this partnership was an autobiography of DeVito (“the Work”), ghostwritten by Woodard and completed before the Play was developed.

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The creation, curation, and provision of timely and accurate music lyrics transcriptions is not protected by the Copyright Act

Genius Media Group (Plaintiff) is a “digital media company,” one of whose “primary services is the development and maintenance of annotated music lyrics.” LyricFind is a Canadian company that maintains a database of music lyrics. Both Plaintiff and LyricFind “license lyrics for display and distribution from music publishers.” Google “owns and operates the internet’s dominant search platform.” Pursuant to an agreement “LyricFind provides lyrics to Google for use in Google’s search results.”

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No substantial similarity between tv shows Empire and Cream

Clayton Prince Tanksley is an actor and producer. In 2005, Tanksley wrote, produced, directed, filmed, starred in, and copyrighted three episodes of Cream, a show about an African-American record executive who runs his own hip-hop label. In 2008, Tanksley participated in an event called the Philly Pitch hosted by the Greater Philadelphia Film Office.

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When does the Fourteenth Amendment care about copyright infringement?

In 1717, the pirate Edward Teach, better known as Blackbeard, captured a French slave ship in the West Indies and renamed her Queen Anne’s Revenge. The vessel became his flagship. Carrying some 40 cannons and 300 men, the Revenge took many prizes as she sailed around the Caribbean and up the North American coast.

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If the complaint is insufficient as to only the registration ground, if shouldn’t be dismissed with prejudice

In August 2013, Ricky Martin and Sony… claimed that they were sponsors” of and advertised the “SuperSong” contest. The contest was a competition; each participant was required to compose a song with lyrics in English, Portuguese, or Spanish. The participants were required to submit their songs in “video format showcasing the performance of the composer” by January 6, 2014.

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Whether Section 120(a) limits the copyright protection of a PGS work that is physically connected to an architectural work?

 

January 22, 2018, Adrian Falkner filed civil action, seeking relief for (1) copyright infringement and (2) falsification, removal, and alteration of copyright management information in violation of the Digital Millennium Copyright Act. Defendant moved for summary judgment.

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If copyright “is not capable of ‘existing independently’ as a work of art, it is not protectable under copyright law

Lanard makes and sells the “Lanard Chalk Pencil,” which is a toy chalk holder designed to look like a pencil. Lanard owns Design Patent, which contains five figures showing a pencil-shaped chalk holder from different angles. Lanard also owns copyright Reg. for a work entitled “Pencil/Chalk Holder.”

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