In December 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator introduced a Joint Strategic Plan on Intellectual Property Enforcement (FY 2017-2019). Since 2014, on the other side of the Atlantic ocean, the European Union has been undertaking steps to complete a comprehensive modernisation of the copyright system, including a reform of the Enforcement…
The proprietors of a muscle car restoration business, Dan and Gary Pronman, were liable for the attorney fees incurred by the operators of a complaint website in successfully defending against frivolous copyright infringement claims based on the website operators’ allegedly unlawful reproduction and publication of copyrighted photographs owned by the Pronmans, the U.S. Court of…
The federal district court in Philadelphia did not err in dismissing copyright infringement claims brought by Daniel Marino, against popular musician Usher—Marino’s co-creators of the song Club Girl—and several music industry entities, the U.S. Court of Appeals in Philadelphia has decided. Furthermore, Marino’s attorney, Francis Malofiy, was properly sanctioned by the lower court for contacting…
The American Vimeo case, decided on June 16, 2016, broadens the exemption for internet service providers (ISPs) in cases of copyright infringement by platform users. Meanwhile, the European Union seeks a narrower approach to excluding ISPs from liability. How do the two approaches differ? The Vimeo case The Vimeo case concerned a collective claim by…
The federal district court in New York City correctly dismissed Joel R. McDonald’s amended complaint against musicians and record producers Kanye West, Shawn Carter (“Jay Z”), and others because the defendants’ song “Made in America” was not substantially similar to McDonald’s song with the same title, either in terms of lyrical content or musical structure,…
A federal district court improperly dismissed an enforcement action that a copyright holder had brought against an art editor under California’s Uniform Foreign Court Monetary Judgment Recognition Act, the U.S. Court of Appeals in San Francisco has ruled. The copyright holder sought recognition of a French judgment of infringement under the Uniform Recognition Act. Because…
The federal district court in Chicago incorrectly required the painter of a portrait of the leader of the Nation of Islam to prove unauthorized copying, instead of merely copying, for purposes of its copyright infringement claim against the publisher of a newspaper for selling unauthorized copies of his work “Minister Farrakhan Painting,” the U.S. Court…
A Kansas federal court did not err in dismissing fish illustrator Joseph Tomelleri’s copyright infringement suit against MEDL Mobile and Jason Siniscalchi, the developers and marketers of a fishing app called FishID, because Tomelleri failed to show that his injuries arose from MEDL’s Kansas activities, the U.S. Court of Appeals in Denver has determined. Furthermore,…
A seller of karaoke equipment whose insurance carrier paid over $1 million to music publishers to settle infringement claims over the alleged unlicensed distribution of song recordings, in exchange for dismissal of the claims with prejudice, was not the “prevailing party” for purposes of the Copyright Act’s fee-shifting provision, the U.S. Court of Appeals in…
A magistrate judge properly ruled that a property owner who had intentionally burned a replica of a 16th-century Spanish galleon—a work of art that two plaintiffs had constructed over a used school bus for a Nevada arts festival—did not violate the Visual Artists Rights Act (VARA), the U.S. Court of Appeals in San Francisco has…
