Voluntary dismissal of infringement claim did not negate an attorney fee award of over $40,000 for non-infringement counterclaim. An award of attorney fees based on a John Doe defendant’s counterclaim for non-infringement, which was filed in response to infringement claims brought against him by an adult film producer, was affirmed by the U.S. Court of…
Rotary turntable control system’s technical drawings were not copyrightable, but underlying software source code could be, depending on full development of factual record. Whether the software source code for a rotary turntable control system was copyrightable raised a question of fact that required full development of a factual record, the U.S. Court of Appeals for…
Exceptions to hearsay rule did not apply to songwriters’ evidence of copying against members of rock band who allegedly copied the songwriters’ bass riff when creating the band’s own song. Two songwriters who authored the song “Ain’t That a Lot of Love” failed to provide admissible evidence of direct copying or substantial similarity to survive…
The 1976 Copyright Act did not preempt applications for attorney fees filed by two auction houses following a determination that the California Resale Royalties Act (CRRA)—a statute that grants visual artists a right to receive 5% of the proceeds on any resale of their artwork under specified circumstances—was expressly preempted by the 1976 Act with…
The Copyright Act’s registration requirement was a non-jurisdictional element of a copyright infringement claim; therefore, a lawsuit brought by online legal research provider Fastcase, Inc., against a competitor to resolve a dispute over the publication of regulations for the State of Georgia should not have been dismissed on the ground that the district court lacked…
