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Copyright Case Opinion Summaries

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Mavrix filed suit against LiveJournal for posting 20 of its copyrighted photographs online. The district court granted summary judgment for LiveJournal, holding that the Digital Millennium Copyright Act’s (DMCA), 17 U.S.C. 512(c), safe harbo…

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Plaintiffs, former student athletes, filed suit against T3Media, asserting claims for statutory and common law publicity-rights, as well as an unfair competition claim under California law. Plaintiffs alleged that T3Media exploited their likenesses commercially by selling non-exclusive licenses permitting consumers to download photographs from the NCAA’s Photo Library for non-commercial art use. The district court held that the Copyright Act, 17 U.S.C. 101 et seq., preempted plaintiffs’ claims and granted T3Media’s special motion to strike pursuant to California’s anti-SLAPP statute, Cal. Civ. Proc. Code 425.16. In this case, plaintiffs concede that their suit arises from acts in furtherance of T3Media’s right to free speech. Therefore, plaintiffs must demonstrate a reasonable probability of prevailing on their challenged claims. The court concluded that plaintiffs failed to do so because the federal Copyright Act preempts plaintiffs’ claims. The court explained that the subject matter of the state law claims falls within the subject matter of copyright, and the rights plaintiffs assert were equivalent to rights within the general scope of copyright. Because the district court did not err in granting T3Media’s special motion to strike, the court affirmed the judgment. View “Maloney v. T3Media, Inc.” on Justia Law

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Unicolors filed suit against Urban, alleging copyright infringement of the Subject Design. The district court concluded that defendants were liable for copyright infringement. A jury found that Urban willfully infringed Unicolor’s copyright …

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Plaintiffs, BWP Media and National Photo Group, filed suit against T&S, an internet service provider, for direct and secondary infringement. Plaintiffs alleged that T&S hosted an internet forum on which third-party users posted images that infringed copyrights owned by plaintiffs. The district court granted summary judgment for T&S. The court adopted the volitional-conduct requirement in direct-copyright infringement cases, and found that BWP did not contend that T&S did, in fact, engage in such conduct. In this case, the court explained that T&S hosts the forum on which infringing content was posted, but its connection to the infringement ends there. Rather, the users posted the infringing content. Accordingly, the court affirmed the judgment. View “BWP Media USA, Inc. v. T & S Software Associates, Inc.” on Justia Law

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The “pictorial, graphic, or sculptural features” of a “design of a useful article” are eligible for copyright protection as artistic works if those features “can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article,” 17 U.S.C. 101. Plaintiffs have copyright registrations for two-dimensional designs, consisting of lines, chevrons, and colorful shapes, appearing on cheerleading uniforms that they design, make, and sell. They sued a competitor for infringement. The district court rejected the claims on summary judgment. The Sixth Circuit reversed. The Supreme Court affirmed. A feature incorporated into the design of a useful article is eligible for copyright protection only if the feature can be perceived as a two- or three-dimensional work of art separate from the useful article and would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from the useful article into which it is incorporated. That test is satisfied here. The feature cannot be a useful article or “[a]n article that is normally a part of a useful article,” nor the replica of a useful article in another medium. While plaintiffs have no right to prevent anyone from manufacturing a cheerleading uniform that is identical in shape, cut, or dimensions to the uniforms at issue here, an artistic feature that is eligible for copyright protection on its own does not lose that protection simply because it was first created as a feature of the design of a useful article, even if it makes that article more useful. View “Star Athletica, L. L. C. v. Varsity Brands, Inc.” on Justia Law