The photographer’s mere showing of removal of embedded copyright management information (CMI) in hotel photographs is insufficient to meet the scienter requirement. The federal appeals court in Atlanta, Georgia has refused to reinstate a case brought by a photographer claiming a violation of the Digital Millennium Copyright Act (DMCA) against a hotel intermediary that provided…
A reasonable jury could find the design for children’s pajamas with the phrase “i love you” repeated in italics to be substantially similar to Target’s products with the same phrase and design. In a copyright infringement suit brought by a children’s clothing company against retailer Target Corporation, the U.S. Court of Appeals for the Fifth…
Appellate court declines to reopen infringement judgment for a case that was not open on direct review. In a copyright infringement case brought by Christ Center of Divine Philosophy, Inc. for infringement of religious books and sound recordings, the U.S. Court of Appeals in Denver has refused to reopen a judgment awarding $80,000 for willful…
A clothing company that knowingly included inaccurate information in its copyright application—which rendered its registration invalid—was ordered to pay $121,423 in costs and attorney fees to retail outlets that successfully defended themselves against infringement claims. In a copyright infringement action brought by clothing company Gold Value International Textile, Inc,. alleging infringement of its fabric design…
The operator of a YouTube channel criticizing the pastor of a church was not entitled to punitive damages in a malicious prosecution case when the church relied on counsel in initiating a copyright infringement suit. In a malicious prosecution of copyright infringement claims brought by the operator of a YouTube channel that featured videos containing…
The lyrics “stay with me” and “lay with me” were common in love songs were not entitled to copyright protection, and protectable elements of the parties’ songs were not substantially similar. Dismissal of the songwriter’s infringement claims was affirmed. Case date: 13 February 2019 Case number: No. 18-5915 Court: United States Court of Appeals, Sixth Circuit A full…
