Category Archives: Copyright Litigation
Taylor Swift Wins Copyright Infringement Lawsuit: Lyrics ‘Too Banal’ for Protection
According to a report from CNBC, pop music star Taylor Swift has prevailed in a copyright infringement lawsuit. Two Los Angeles based songwriters are accusing Taylor Swift of unlawfully using their copyright protected song lyrics on her 2014 number hit single ‘Shake it Off’. However, a federal district court judge has dismissed the case…. Read More »
The DMCA Safe Harbor Regime: Explained
Signed into law by President Bill Clinton in October of 1998, the Digital Millennium Copyright Act (DMCA) seeks to provide a balanced environment, both protecting the interests of copyright holders and accounting for the concerns of website owners and operators that accept user-created submissions. The ‘Safe Harbor’ provisions contained within this law provide immunity… Read More »
Trademark Law: What is the ‘Commercial Use’ Requirement?
To successfully register a trademark with the United States Patent and Trademark Office (USPTO), there are several different legal requirements that you will have to meet. One of the more complex requirements is the so-called “use in commerce” requirement. Essentially, you will not be able to have your trademark application approved unless you can… Read More »
Florida Supreme Court Rules in Favor of SiriusXM in Major Copyright Case
On October 26th, 2017, the Supreme Court of Florida released an extremely important copyright law decision. In the case of Flo & Eddie, Inc., etc. v. Sirius XM Radio, Inc., etc., Florida’s highest court ruled in favor of SiriusXM (the broadcaster), and against Flo & Eddie (the artist and potential copyright holder). The Florida… Read More »
Miami Company Asks U.S. Supreme Court to Take up Copyright Case
On October 13th, 2017, Fourth Estate Public Benefit Corp., a journalism collective headquartered in Miami, Florida, filed a petition asking the Supreme Court of the United States to hear an appeal in its copyright law case. Specifically, the company wants the nation’s highest court to resolve a circuit split that currently exists in copyright… Read More »
New York Mets Accuse Florida Medical Services Company of Trademark Infringement
According to reporting from the New York Post, the New York Mets have filed a trademark complaint against Comprehensive Health Services, a medical services company based in Cape Canaveral, Florida. Last month, the U.S. Patent and Trademark Office (USPTO) awarded Comprehensive Health Services a trademark for their proprietary software that goes by the name… Read More »
Copyright Lawsuit Watch: NBA Video Game Maker in Legal Battle Over Player Tattoos
Take-Two interactive Software produces the NBA2K video games series. The game involves a realistic recreation of the actual pro basketball league, right down to the skills, traits and appearance of the individuals players. In fact, the game design is so intricate that the actual tattoos of the players have been reproduced onto the screen…. Read More »
Copyright Law: What Are Derivative Works?
A derivative work is one that is based largely off of a pre-existing work. Under the Copyright Act of 1976, copyright holders are entitled to some important legal protection against anyone using their original work for derivative purposes, without their express consent. However, this does not mean that you cannot be inspired to create… Read More »
Pike & Lustig Opens Miami Office
Pike and Lustig, LLP is proud to announce the opening of its Miami office! The firm’s new office is located at 777 Brickell Avenue, Suite 500 Miami, Florida, 33131.
Paul McCartney Files Proactive Copyright Claim Against Sony/ATV
According to reporting from Rolling Stone, Beatles singer Paul McCartney has filed a federal copyright lawsuit against Sony/ATV in order to proactively confirm his ownership of several Beatles songs, including ‘Hey Jude’ and ‘Yesterday’. McCartney believes that the ownership of theses tracks should revert back to him in the fall of 2018. Sony’s path… Read More »
SiriusXM Settles Class Action Copyright Lawsuit for Nearly $100 Million
Recently, Rolling Stone reported on major class action copyright lawsuit that was settled by the multi-billion dollar broadcasting conglomerate SiriusXM. To settle the dispute, the company agreed to pay out $99 million to impacted plaintiffs. This lawsuit stems from the fact that the satellite radio company had been playing songs from before 1972 without… Read More »
University of Houston Prevails in a Trademark Dispute
Last year, South Texas College of Law began a comprehensive rebranding effort. Officials from the law school voted to change its name and school colors. Beginning in June of 2016, South Texas was set to become the Houston College of Law and they would wear red and white. Fearing consumer confusion, the University of… Read More »
Copyright Litigation: Attorneys’ Fees
Earlier this summer, the Supreme Court of the United States issued a very important decision regarding attorneys’ fees and copyright litigation. The decision was issued in the case of Kirtsaeng v. John Wiley & Sons, a copyright dispute that has been ongoing for several years. This decision clarifies the fee-shifting standard included in the… Read More »
Florida Copyright Litigation: Understanding Secondary Liability
In the event of copyright infringement, affected parties deserve full and fair compensation. However, in some cases, the party that is directly responsible for the infringement can be difficult to hold liable. They may be able to hide their identity or they may even operate in another country. Though, in many cases, the direct… Read More »
Copyright Law: Works Made for Hire
Unlike with a patent, an original work does not need to be registered to have copyright protection. Original works have copyright protection from the very second that they are created. In most cases, the creator of the work is the one who owns the associated copyright. However, in cases where the original work was… Read More »
Supreme Court to Hear Copyright Case
Copyright cases rarely make it all the way to the Supreme Court of the United States. However, the Palm Beach Post reports that the nation’s highest court has agreed to hear an appeal in the case of Varsity Brands inc vs Star Athletica. The case, which involves a company’s desire to copyright cheerleading uniforms,… Read More »
When Exactly Is a Copyright Registered?
A recent court case from California is highlighting a nationwide split in the way that courts deal with the issue of copyright registration. Copyright is an interesting area of the law because there is no need to file a registration to gain a copyright. A copyright arises in a work as soon as it… Read More »
Instagram, Food Porn, and Copyright Law
A German court has recently decided that taking photographs of your meal, a practice often referred to as food porn, may run afoul of a chef’s copyright in the food’s artistic arrangement. While that decision does not have a lot of practical impact on people stateside, looking at a similar situation under American copyright… Read More »
Newly Discovered Songbook May End Happy Birthday Copyright
“Happy Birthday to You” has been a traditional fixture at birthday parties for the better part of the last century, which is why it surprises many people that the song is actually covered by copyright law. While people singing at their family birthday parties probably do not have to worry about a cease and… Read More »
Justin Bieber and Copyright Law
A recent federal court decision demonstrates that even musical superstars are not beyond the reach of federal copyright law. A federal appeals court revived a lawsuit against Justin Bieber and Usher for allegedly copying a song Bieber released in 2010 “Somebody to Love.” Importantly, this decision does not mean that Bieber and Usher were… Read More »
