282 results for 'cat:"Copyright"'.
J. Caproni finds for the news outlets in a copyright suit filed by a photographer over an Instagram post that featured a photograph of the case of Friends. A copyrighted photograph included in a social media post is transformative when the purpose is to report of comment on the post. Therefore, the news outlet's publication of the photo constituted fair use.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1492, NOS: Copyrights - Property Rights, Categories: copyright
J. King grants the pet products company an injunction regarding its complaint that the store is manufacturing and selling products, including a pet hair remover, that infringe on the pet products company's patent. The pet products company shows that the store infringed on its copyright, and evidence shows that an injunction serves in the public interest as opposed to harming the public interest.
Court: USDC Western District of Washington, Judge: King, Filed On: March 31, 2024, Case #: 2:20cv1768, NOS: Patent - Property Rights, Categories: copyright, Patent, Injunction
J. Irizarry dismisses all federal copyright infringement claims against a group of audio book streaming services, including Amazon-owned Audible, over the rights to stream audio books based on the writings of Teri Woods, an acclaimed urban fiction writer. The court finds the streaming services were granted full rights to distribute the works on their respective platforms.
Court: USDC Eastern District of New York, Judge: Irizarry, Filed On: March 30, 2024, Case #: 1:23cv507, NOS: Copyrights - Property Rights, Categories: copyright, Technology
J. Blakey partially grants the sued software development company’s motion to dismiss the suing software development firm’s copyright infringement, trade secret misappropriation and breach of contract claims. The suing firm claims one of its former employees used his knowledge of its programs to develop an almost identical research software to the one it markets, and launched the software with his competing company. The court dismisses the suing firm’s confidentiality and non-competition agreement breach claim, but allows all its other allegations to go forward.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: March 29, 2024, Case #: 1:23cv676, NOS: Other Contract - Contract, Categories: copyright, Trade Secrets, Technology
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J. Bastian denies the publisher's motion to dismiss the professional photographer's complaint that the publisher used a copyrighted photograph of Kris Kristofferson on its website without permission. Although the photo went live on the website on Feb. 14, 2019, and the photographer first saw the copyright infringement during the same year, the applicable statute of limitations that bars copyright infringement discovered before 2020 does not apply because there was no reasonable way for the photographer to find the photo due to the lack of "storm warnings" alerting the photographer of the publisher's infringement. The publisher is based in the Pacific Northwest while the photographer is based in Kentucky, and the internet is so vast that it would take a long time to monitor the usage of a single image.
Court: USDC Eastern District of Washington, Judge: Bastian, Filed On: March 28, 2024, Case #: 2:23cv25, NOS: Copyrights - Property Rights, Categories: copyright
J. Snyder grants a photographer's motion for default judgment in a copyright infringement dispute with a real estate services company. The photographer alleges that the company used one of her photos without permission and without credit. The photographer sent a cease and desist letter, but the company did not respond. The photographer has sufficiently alleged copyright infringement. The photographer is awarded $22,000 in statutory damages and $1512 in costs.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 28, 2024, Case #: 2:23cv5528, NOS: Copyrights - Property Rights, Categories: copyright, Damages
J. Engelmayer finds for Warner Bros. on all claims brought by a freelance comic book artist claiming the movie studio lifted elements of a 1990 story he wrote about Batman to use in its 2022 film The Batman. The similarities between the two stories are based on common, even hackneyed, archetypes and plot features that are not protected by copyright. In addition, all copyright claims against DC Comics shall be dismissed except the artist's claim of copyright fraud. DC Comics has established that it is the owner of valid copyrights of Batman works.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: March 27, 2024, Case #: 1:22cv8969, NOS: Copyrights - Property Rights, Categories: copyright
J. Altman grants the photograph owner's motion for default final judgment against a site which republished its photo of actor Jim Carrey without permission. The site is enjoined from continuing to store or display the photo, and the owner is entitled to judgment in the amount of $12,575 and attorneys' fees and costs in the amount of $8,061.75.
Court: USDC Southern District of Florida, Judge: Altman, Filed On: March 26, 2024, Case #: 1:23cv23601, NOS: Copyrights - Property Rights, Categories: copyright, Attorney Fees
J. Snyder denies a hotel's motion for judgment on the pleadings regarding a contract dispute with an architectural firm and denies in part its motion for judgment on the pleadings regarding the architectural firm's copyright infringement claim stemming from a contract to provide architectural design services for a new hotel. The firm alleges that its architectural designs were used without permission or payment. The firm has "adequately pled its claim for copyright infringement at this stage by alleging its ownership of the drawings and plans, its registration of the copyright, and the infringement" by the hotel.
Court: USDC Central District of California, Judge: Snyder, Filed On: March 25, 2024, Case #: 8:22cv459, NOS: Copyrights - Property Rights, Categories: copyright, Contract
J. Pacold grants an American telecommunication company’s motion to open contempt proceedings on the Chinese telecommunications firm it is suing. The court opens contempt proceedings over the Chinese firm’s refusal to pay the American company royalties on a series of radios. The Chinese firm rejects the claim that its radios violate any trade secrets or copyrights of the American company. A jury concluded it had infringed on other copyrights held by the American company in a 3.5-month trial that concluded in February 2020, but that trial didn’t cover the radio products at issue here. The same jury ordered the Chinese firm to pay the American company over $543 million in royalties. While contempt proceedings are open, the court also forbids the Chinese company from pursuing a separate litigation against the American company in China in order to “protect [its] jurisdiction.”
Court: USDC Northern District of Illinois, Judge: Pacold, Filed On: March 25, 2024, Case #: 1:17cv1973, NOS: Other Statutory Actions - Other Suits, Categories: copyright, International Law, Technology
J. Horan grants, in part, a test prep company's motion for discovery in its case against a competitor for allegedly copying its materials and trade dress. The company has shown limited jurisdictional discovery related to the contacts between the competitor and another party is appropriate.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: March 21, 2024, Case #: 3:23cv447, NOS: Copyrights - Property Rights, Categories: copyright, Trademark, Discovery
J. Cronan partially denies the political organization's motion to dismiss counterclaims alleging that it stole the Stanford researcher's copyrighted work on mapping police violence and make its own copycat website to divert donations to his project. The researcher has shown he put forth considerable skill and originality in creating his map organizing unprotected information, and these choices were not routine and obvious.
Court: USDC Southern District of New York, Judge: Cronan, Filed On: March 20, 2024, Case #: 1:22cv9565, NOS: Copyrights - Property Rights, Categories: copyright
J. Liman grants a default judgment to the creator of the Five Nights at Freddy's series of horror video games in a copyright infringement suit against a China-based Amazon seller of unauthorized copies. The creator shall be awarded $90,000 in damages for willful infringement, less than the $150,000 requested because the creator did not submit any evidence of his losses.
Court: USDC Southern District of New York, Judge: Liman, Filed On: March 18, 2024, Case #: 1:22cv3021, NOS: Copyrights - Property Rights, Categories: copyright, Damages
J. Dever grants an adult film production company’s motion for leave to serve a third-party subpoena on an internet provider to access the identity of one of the provider’s subscribers. The company shows good cause to engage in early discovery, but given the nature of the content, the subscriber will be allowed to be heard before their identity is revealed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: March 18, 2024, Case #: 5:24cv111, NOS: Copyrights - Property Rights, Categories: copyright, Discovery, Technology
[Consolidated.] J. Jordan grants an adult filmmaking company's motion to serve third-party subpoenas to internet providers in its copyright cases against a number of individuals who allegedly downloaded its films and redistributed them without permission. The information it seeks - the identity of the individuals based on their IP addresses - is pertinent to its cases.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 11, 2024, Case #: 4:22cv459, NOS: Copyrights - Property Rights, Categories: copyright, Discovery
J. Berton partially grants a motion for summary judgment by a professional photographer in a lawsuit against a company that used edited versions of his photos on its commercial Facebook page because, while the photographer has established that the business violated his copyrights, he has not shown that the infringement will “tarnish his reputation” or established the dollar amount of lost licensing.
Court: USDC Western District of Texas , Judge: Berton, Filed On: March 8, 2024, Case #: 3:22cv271, NOS: Copyrights - Property Rights, Categories: copyright, Licensing, Damages