Appropriate for the pirate genre, citing the parties’ “dueling experts,” a District Court recently denied Disney’s motion for summary judgment in a copyright lawsuit in which the plaintiffs claimed the
Continue Reading Yo Ho Ho And a Bottle of . . . Oh No! Court Deep-Sixes Disney’s Motion for Summary Judgment
In response to a copyright claim that the Netflix series “Stranger Things” infringed the plaintiff’s unpublished screenplays, Netflix and the other defendants filed a Rule 12(b)(6) motion to dismiss, arguing
Continue Reading “Stranger Things”: Copyright Challenge to Popular Series Survives Motion to Dismiss
Normally, efforts to halt arbitrations are dead on arrival if an arbitration agreement exists between the parties. This is especially so when there is no dispute over the scope of
Continue Reading Hold Everything! New York Judge Issues TRO Blocking Arbitration Against Jay-Z
Among copyright lawyers, Stairway to Heaven may become known not just for its abstract lyrics and acclaimed guitar solo, but also for the legal rulings that upended a jury verdict
Continue Reading Ninth Circuit Vacates Verdict in Stairway to Heaven Copyright Action: Missteps in Jury Instructions Result in Remand for New Trial
In a closely watched copyright lawsuit, the Second Circuit reversed the District Court’s finding of “fair use” and upheld Fox News’ claim that the TVEyes service infringed its copyrights. This
Continue Reading TVEyes Penalized for “Clipping”: Second Circuit Finds No “Fair Use” and Orders Broad Injunction
Under the “fair use” doctrine, artists regularly include portions of copyrighted works in books, movies, television programs, music and other artistic works without obtaining licenses from the copyright owners. When
Continue Reading Oh No You Didn’t: Seventh Circuit Criticizes Second Circuit’s Application of the Fair Use Doctrine