A builder of sunrooms allegedly adapted the brochure for online use without permission, but the designer’s application with the Copyright Office was still pending when she filed suit. A graphic designer’s copyright infringement claim against a builder of sunroom additions—which allegedly modified and used online a print brochure that she had designed for the builder—was…
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…
“Copyright troll” Design Basics failed to show that copyrighted home designs and allegedly infringing floor plans were “virtually identical.” An infringement suit by Design Basics, LLC, which holds copyrights in thousands of single-family home floor plans and has brought hundreds of infringement suits against homebuilders nationwide, was properly dismissed because Design Basics failed to prove…
According to a recent Oberlandesgericht (Court of Appeal – CoA) Cologne ruling, providers of DNS resolvers may be held accountable to DNS block domain names used by websites which run an illegal business model dedicated to copyright infringements. Additionally, providers of content delivery networks (CDNs) have a duty to stop their services for such rogue…
In Part 1 of this blog post, we explained the importance of the CJEU judgment in joined cases C-682/18 (YouTube) and C-683/18 (Cyando) for the application of copyright law, even after the introduction of a new copyright liability regime for certain online platforms through Art. 17 DSM Directive. In this part 2, we turn to…
The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. 3 (1) InfoSoc Directive, has been eagerly awaited for a long time. Such a long time – almost a year has passed since the Advocate General opinion (see here) – that…
In February 2019, Tamita Brown, Glen S. Chapman, and Jason T. Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “Fish Sticks n’ Tater Tots” by using it in their documentary titled ‘Burlesque’ (Brown v. Netflix, Inc.)….
Italian case law on dynamic injunctions and the impact of piracy of live sport events In previous posts on this Blog we have analyzed some developments in Italy with regards to private and administrative enforcement against illicit distribution of copyright content over the Internet and the use of the dynamic injunction, with special focus on…
On 3 June 2021, the CJEU handed down its judgment in CV-Online Latvia v Melons (with Ilešič as a reporting judge), a case involving Melons’ infringement of CV-Online Latvia’s database of job advertisements arguably protected by the sui generis right. The facts of the case are expertly described by Tatiana Synodinou in her comment on the…
In 2019, Artem Stoliarov, a Russian DJ whose stage name is Arty, filed a lawsuit before the US District Court for the Central District of California, alleging that Marshmello’s song ‘Happier’ copied the synthesizer melody from his 2014 remix of OneRepublic’s ‘I Lived’ (OneRepublic is an American pop rock band). Marshmello, an American electronic music…
