Protected elements of illustrated children’s book were not substantially similar to defendants’ book and animated adaptation as a matter of law. The U.S. Court of Appeals in Philadelphia has affirmed a district court’s decision holding that an author of a children’s illustrated book failed to state a copyright infringement claim against media company Viacom International,…

A defendant need not obtain a favorable judgment on the merits in order to be a “prevailing party” under the fee-shifting provisions of the Copyright Act and Lanham Act. Case date: 25 March 2019 Case number: No. 17-4046 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on…

The resale of copyrighted digital sound recordings through a web-based “virtual” marketplace for “pre-owned” digital music operated by ReDigi Inc. was not protected from copyright infringement claims by the first sale doctrine codified in Section 109 of the Copyright Act, the U.S. Court of Appeals in New York City has held. The Second Circuit affirmed…

The novel “The Light Between Oceans” and a major motion picture based on it did not infringe a complaining author’s copyright in an unproduced screenplay, the U.S. Court of Appeals in New York City has decided. The Second Circuit affirmed a district court’s determination that, as a matter of law, the novel and film were…

Although the author of a four-page treatment describing a concept for a television show failed to assert plausible copyright infringement claims against the producers and the creators of the popular musical drama television series “Empire,” the author should have been given permission to amend his complaint, the U.S. Court of Appeals in San Francisco has…

Real estate photographers failed to provide evidence that software provider CoreLogic, Inc., removed copyright management information (CMI) from licensed photos posted to listing services by real estate agents using CoreLogic’s software with the requisite mental state for liability under the Digital Millennium Copyright Act (DMCA), the U. S. Court of Appeals in San Francisco has…

Rapper Jay-Z has won another round in his defense against claims that he infringed the copyright in a 1957 arrangement of an Egyptian composer’s song, “Khosara, Khosara” when he used a sample from the arrangement in the background music to his hit single “Big Pimpin’.” The U.S. Court of Appeals in San Francisco affirmed a…

Whether the online real estate brokerage Redfin exceeded its license to use Alexander Stross’s copyrighted property photographs raised a question of fact for the jury, a panel for the U.S. Court of Appeals determined, reversing the federal district court in Austin’s decision that Redfin’s license was a complete defense to Stross’s claim of copyright infringement….