Does coverage for liability arising out of “advertising injury” include copyright infringement suits where the insured was not alleged to have engaged in advertisement? In Superior Integrated Solutions, Inc. v. Mercer Insurance Company of New Jersey, Inc., the New Jersey Appeals Court said “yes,” affirming the trial court’s granting summary judgment for an insured.
Copyright
“Hold Up, Wait A Minute”: D.C. Circuit Rejects Copyright Board’s Categorical Exclusion of Internet Transmissions from Grandfathered Royalty Rates
By Bryant D. Wright on
On August 18, the D.C. Circuit directed the Copyright Royalty Board (“CRB”) to reconsider what royalties are owed to artists by Music Choice for its streaming services, vacating the final determination of the Copyright Royalty Board. In the Court’s view, the CRB wrongfully excluded internet transmissions from the grandfathered royalty rate paid by some music services that were early providers of digital music transmissions under the Digital Millennium Copyright Act (“DMCA”). Music Choice v. CRB, No. 19-1011
First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied
By Brittany Benavidez on
On March 13, 2020, the U.S. Court of Appeals for the First Circuit, in a case of first impression, held that a copyright licensee given the unrestricted right to grant sublicenses may do so without using express language.
The case, Photographic Illustrators Corp. v. Orgill, Inc., stems from a license Photographic Illustrators Corp. (“PIC”), a provider of commercial photography services, granted to Osram Sylvania, Inc. (“Sylvania”), a leading manufacturer of lightbulbs, permitting Sylvania to use PIC’s copyrighted photographs of Sylvania’s lightbulbs. The license provided that Sylvania had a “non-exclusive, worldwide license in and to all the Images and the copyrights thereto to freely Use, sub-license Use, and permit Use, in its sole and absolute discretion, in perpetuity, anywhere in the world.” The license also contained a requirement that Sylvania and its dealers and distributors would attribute the photographs that it used to market and sell Sylvania products to the PIC photographer who took them.
A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict
By Anisha Shenai-Khatkhate on
Nearly eight months after a trial that culminated in an adverse jury verdict, pop singer Katy Perry recently achieved a “Dark Horse” victory, proving that the legal battle was “Never Really Over.”
States Cannot be Sued for Copyright Infringement Says the Supreme Court
By Monique Curry on
On March 23, 2020, the United States Supreme Court ruled that States cannot be sued for copyright infringement under principles of sovereign immunity. This ruling arose from a filmmaker’s suit against the state of North Carolina for unauthorized use of his copyrighted works—footage of a ship wreckage.
Fifth Circuit Holds Failure to Mitigate is No Bar to Statutory Damages Under Copyright Act
By Om V. Alladi on
Recently, copyright owners suing in the jurisdiction of the United States Court of Appeals for the Fifth Circuit were given a new reason to seek statutory damages instead of actual damages under the Copyright Act. Failure to mitigate damages is not an absolute defense to a claim for statutory damages, the Court ruled on Wednesday, January 15, 2020.
“License and [Copyright] Registration Please”: Key Takeaways from the Supreme Court’s Opinion Clarifying When a Copyright Claimant Can Sue for Infringement
By Monique Curry on
On Monday, March 4, the Supreme Court unanimously decided that a copyright claimant may only bring a suit for copyright infringement after the copyright has been registered by the Copyright Office, not while the registration is pending.