Thinking of starting a copyright litigation. Take a deep breath. Before you sue, you will need to answer a number of somewhat difficult questions. …Continue reading Your Guide to Litigating Direct and Secondary Liability Claims in Copyright Litigation
Embedding flourishes on the internet. Social media like YouTube, networking sites such as Twitter, streaming music services, including Spotify and search engines like Google, encourage embedding and offer tools that facilitate this practice. …Continue reading Is The End Of Embedding In Sight?
The statute of limitations in copyright litigation appears to be deceptively simple. 17 U.S.C. § 507(b) states an infringement claim must be “commenced within three years after the claim accrued.”…Continue reading What’s the Latest on the Statute of Limitations in Copyright Litigation after Petrella & Sohm
Entrepreneurs have long dreamed of a digital resale market Imagine if music lovers could resell their unwanted digital music downloads with a click of a mouse or if college students…Continue reading After ReDigi, Will NFTs Enable A Digital Resale Market
Introduction by Andrew Berger I am pleased to introduce Michael Einhorn to IP In BRIEF. Michael A. Einhorn, Ph.D. is an economic consultant and expert witness in…Continue reading Guest Blog Post by Michael Einhorn: Establishing Indirect Lost Profits Resulting from Copyright Infringement
David Leichtman from Robins Kaplan in NY gave us an excellent presentation on proving damages at trial in copyright litigation at the Intellectual Property Institue’s Ocean Reef winter conference. Here is my summary of his talk along with links to some of the cases he mentioned and his PowerPoint….Continue reading Proving Damages at Trial in Copyright Litigation
The oral argument in WNET et al. v. Aereo before the 2d Circuit panel of Judges Denny Chin and Christopher Droney and Eastern District Judge John Gleeson was long (more…Continue reading Oral Argument in the Second Circuit in Aereo Makes Predicting the Outcome Not for the Faint of Heart
Innovation breeds copyright litigation. The scenario is often the same. The copyright holder whose market share is eroded by the innovative product claims it infringes its statutory-protected rights. The technologist…Continue reading Will Aereo’s Internet Streaming Service Survive Second Circuit Review?
Faced with a copyright infringement suit where your defense is fair use? Chances are you might not consider making a motion to dismiss at the outset. Instead, you will…Continue reading Brownmark v. Comedy Partners: Court Finds Fair Use Without Allowing Plaintiff Any Discovery
Thankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to…Continue reading As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black