Want to better understand the elusive distinction between idea and expression when assessing substantial similarity in a copyright litigation matter? Take a look at the first of nine primers I…Continue reading Initial Primer: Distinguishing Between Idea and Expression When Determining Substantial Similarity in Copyright Infringement
Whether embedding or framing violate the display right in §106(5) of the Copyright Act continues to divide the courts. The Ninth Circuit’s server test has been rejected by Brietbart and other district court cases and Instagram will no longer grants sublicenses to users who seek to embed content posted on its site. Whether internet sites will face liability for embedding going forward is increasingly likely. …Continue reading Does Embedding/Framing Violate the Display Right?
For the past 4 years I have been teaching a copyright litigation seminar at Cornell Law. Rather than use a textbook I wrote my own. I prepared nine primers dealing with key issues in copyright litigation. The primers are not exhaustive but are instead designed to introduce a copyright topic as simply as possible. I will be posting all nine under a tab […]…Continue reading Idea/Expression Distinction in Determining Substantial Similarity in Copyright Litigation
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
The genesis of this post is a recent copyright infringement case we handled that dealt with a relatively unexplored corner of the Digital Millennium Copyright Act (“DMCA), defendant’s removal…Continue reading What Copyright Management Information Does the DMCA Protect?