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…
A lawsuit brought by figure skater Oksana Baiul accusing NBC Sports of failing to pay her royalties owed for a video production of her ice skating performance in “Nutcracker on Ice” was barred by res judicata, the U.S. Court of Appeals in San Francisco has held. A decision of the federal district court in Los…
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….
Although a professional photographer plausibly alleged that he owned a valid copyright in a photo of basketball superstar Michael Jordan, and that sports apparel company Nike copied the photo to create its “Jumpman” logo that Nike uses in advertisements and on merchandise, the photographer failed to plausibly allege that Nike copied enough of the protected…
An artist’s illustration of two dolphins crossing underwater was an idea that was found first in nature and was not protectable under copyright law, the U.S. Court of Appeals in San Francisco has held. The court affirmed a district court’s grant of summary judgment in favor of another artist who created a painting with a…
A jewelry designer’s “Buddha’s Kiss” earring was entitled only to “thin” copyright protection because there were a limited number of ways to design an earring containing the work’s single protectable idea—a teardrop-shaped earring incorporating the henna symbol for the word “kiss” and the shape of the Buddha—the U.S. Court of Appeals in San Francisco has…
Microsoft Corp. established, as a matter of law, that several California retailers infringed the software giant’s copyrights and trademarks by selling 60 units of software, each of which included a counterfeit copy of Microsoft Windows 7 or Microsoft Office 2007, the U.S. Court of Appeals in San Francisco has determined. A judgment against the retailers…
Designs for cheerleading uniforms owned by Varsity Brands, Inc., were copyrightable because the graphic elements of those designs were separable from the utilitarian function of a cheerleading uniform, the U.S. Supreme Court has held. In a split decision, the Court held that a feature incorporated into the design of a useful article is eligible for…
The California Supreme Court has been asked by the U.S. Court of Appeals in San Francisco to provide guidance on the question of whether California statutory or common law grants owners of pre-1972 sound recordings an exclusive right of public performance. This guidance is key to a lawsuit brought by Flo & Eddie, Inc.—owner of…
