Category Archives: Copyright Enforcement

Can I Get Copyright Statutory Damages and Attorney’s Fees Without a Registration?

If you register fast enough. The Supreme Court might take Fourth Estate Public Benefit Corp. v. Wall-Street.com and decide that no matter where the lawsuit is filed you only need to apply for registration before suing. That could reduce the … Continue reading

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Want to Copyright Recipes? Maybe They Should Rhyme

A Cleveland food fight between former partners is a lesson on the limits of copyright protection. Restaurants open and close faster than ever. Big investments become total losses, and teams turn into opposing parties in court. It’s understandable that people … Continue reading

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Who Did the Copyright Office Neglect in its Music Marketplace Report?

Most musicians and composers owed royalties. Why do I say that? Because the Copyright Office failed to factor in to its “Guiding Principles” the core copyright issue for all musicians and composers below the upper levels of music earnings─ they … Continue reading

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Flo & Eddie Must Choose Which Victory They Want in New York

Judge Colleen McMahon yesterday handed Flo & Eddie a take-your-pick win in their New York federal court lawsuit for pre-1972 performance royalties against SiriusXM. They asked for summary judgment that Sirius is liable to them for common law copyright infringement. … Continue reading

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Marvin Gaye’s Heirs v. Pharrell Wiliams and Robin Thicke—No Music Played to the Jury?

Unless they make a deal or the court puts it off, a jury trial will begin Feb. 10 to decide if the copyrights in Marvin Gaye’s “Got to Give it Up” and “After the Dance” were infringed by Pharrell Williams … Continue reading

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Giving Plans to Building Inspector Can Be Copyright Infringement?

Maybe. The Seventh Circuit decided last fall to send a case back to the trial court for an answer. Chicago Building Design v. Mongolian House is mostly about when the statute of limitations begins for copyright infringement, but it has lessons … Continue reading

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One Small Step for Copyright Small Claims

The Copyright Office heard the stories of frustration from creators who can’t enforce their copyrights. Yesterday it released a report on its two year study and proposed a kind of small claims arbitration panel within the Office itself. Since there … Continue reading

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Copyright Small Claims or Leave It to the Trolls?

The Copyright Office wants round 3 of public comments on whether small claims copyright infringement procedures are possible. This has been limping along for years, and they’re still asking “whether and, if so, how the current legal system hinders or prevents copyright owners from … Continue reading

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Toward a Copyright Unified Field Theory–Part 2: Why Sue Those Patent Lawyers?

Back in April, I wrote Part 1 after a trio of reports hit me like person-bites-dog stories. One told of copyright infringement lawsuits against patent lawyers for submitting scholarly publications to the PTO as prior art. One of the lawsuits is American Institute of … Continue reading

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Tell The Copyright Office What You Need Before September 26

I’ve written before about the barriers to copyright enforcement for most creators, and how efforts to legislate a small claims procedure have been stumbling along since 2006. The Copyright Office last year called for comments from the public, and the comments were … Continue reading

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