USA

Case Law, Moral rights, Neighbouring rights, Originality, Performers' Rights, Subject matter (copyrightable), USA

(Moritz College of Law, The Ohio State University)/ /Leave a comment

The bizarre saga known as Garcia v. Google has finally come to end with an eleven judge en banc decision of the United States Court of Appeals for the Ninth Circuit (Garcia v. Google, Inc., 786 F.3d 733 (9th Cir. 2015)). That holding came in response to a remarkable, if not astonishing holding by a…

Collective management, Legislative process, Remedies, Reproduction (right of), USA

(Department of Business Law, Lund University)/ /Leave a comment

On June 4th, the US Copyright Office published a report on Orphan Works and Mass Digitization. The report addresses two situations where the current US copyright system may not fulfill its aim to “promote the Progress of Science”: orphan works and mass-digitization. As regards orphan works, the Office notes that a user’s ability to seek…

Case Law, USA

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A former draftsman for an architectural design firm who resigned while working on a project for one of the firm’s clients, a builder, did not infringe the firm’s copyrights in home plans that the draftsman drew while working for the firm and then used to complete the project for the builder, the U.S. Court of…

Case Law, USA

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An actress in the controversial anti-Islamic film Innocence of Muslims lacked a copyright interest in her performance in the film and was not entitled to a preliminary injunction against the film’s display on YouTube, the U.S. Court of Appeals in San Francisco has held in an en banc opinion (Garcia v. Google, Inc., May 18,…

Case Law, Infringement, USA

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A podiatric medical practice and its principal could not bring a copyright infringement claim against a billing company for unauthorized use of the practice’s medical data, including office procedures, patient information, and operational rules, because the data at issue had not been registered with the Copyright Office, the U.S. Court of Appeals in Cincinnati has…

France, Legislative process, Netherlands, Remuneration (equitable), USA

(Columbia University School of Law)/ /Leave a comment

This article was originally published on the Media Institute website – see here.  It is reproduced here with the kind permission of the author. In a previous column for the Media Institute (Feb. 17, 2015), I urged that any copyright reform legislation that emerges from the preparations for “the next great copyright act” should ensure both…

Case Law, Infringement, USA

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Please click here to find US copyright cases from the U.S. Supreme Court, the US Court of Appeals for the Federal Circuit, and the U.S. Circuit Courts of Appeals with a detailed summary of each case. Recently added from our US IP Law Daily service: Gaylord v. U.S., United States Court of Appeals, Federal Circuit, No. 2014-5020, 4 February…

Duration, European Union, Jurisdiction, USA

(Professor of Law at the George Washington University School of Law)/ /1 Comment

Both the US and the EU now have basic copyright terms of the life of the author plus 70 years.  But when US authors simultaneously publish in Canada, they may end up truncating their term of copyright in the EU.  Moreover, simultaneous Canadian publication decades ago could have an immediate effect on works by US…

European Union, Jurisdiction, Legislative process, USA

(Maastricht University)/ /Leave a comment

“It is not the European Parliament that officially determines the scope of the negotiating mandate, although its position now can certainly give a sign regarding the political winds that await the TTIP agreement.” The EU and the US have been holding talks on a trade agreement that goes by the name of Transatlantic Trade and…

International Agreement, USA

(Schulich School of Law )/ /Leave a comment

The global intellectual property landscape has witnessed important changes in recent years. Most notably, the public interest dimension of intellectual property has emerged as a paramount concern. Though there seems to be a fairly broad agreement on the need for a more balanced intellectual property system which effectively promotes innovation, views diverge on how to…