IDEA v PETA (SDNY August 298 2009): Plaintiff, no doubt aware that statutory damages are only available for post-registration copyright infringements that are not part of a continuing, ongoing series of infringing acts of the same kind as those engaged by defendant prior to the effective date of registration, alleged in its amended complaint that:
Annie Leibovitz Sued For Copyright Infringement
Italian photographer alleges Annie Leibovitz used his scouting photo in calendar for Lavazza Coffee calendar. Background here and on Leibovitz’ troubles in general here.
Complaint Leibovitz Copyright
Repeat After Me: There Is Such A Thing As Expedited Handling of an Application For Copyright Registration
Ownership of a copyright registration (or of a refused appllication) is necessary to bring a copyright suit. In the Second Circuit at least, it is clear that ownership of a mere pending application is insufficient.
I don’t know all the facts in the decision dismissing the complaint embeed below, so I’ll just say that I
SDNY: (c) Injunction Limited To Registered Versions
SDNY decision limiting injunction to registered versions of a software program (as opposed to extending it to unregistered ‘derivative’ versions.
Practice pointer: file for copyright registrations of new versions of a work early and often.
Decision Copyright Derivative Work
Little Mermaid Statues
WSJ: In a Mermaid Statue, Danes Find Something Rotten in State of Michigan
GREENVILLE, Mich. — This town’s statue of Hans Christian Andersen’s “Little Mermaid” is a symbol of its proud Danish heritage. Now some are saying she doesn’t have permission to be in the country.
Nobody disputes the sculpture — installed in 1994 as
And That It Was Orwell Was The Final Touch
SDNY: Damages From Contempt of Prelim. Injunction Order
Plaintiffs may not receive fees and costs relating to enforcing defendant’s compliance with preliminary injunction order – proper award was profits, even though defendant obtained no profits from its contempt.
Decision Profits After Contempt
Just Another Karaoke-related Incident
Award of statutory damages in default copyright infringement case relating to karaoke machines.
Decision Karaoke
Puzzlemaster v Apple re Parking Lot
Puzzlemaster sues Apple over allegedly infringing puzzle game on iPhone. Background here.
Complaint Apple
The Impact of Piracy on Book Sales
Magellan Media Partners: “The Impact of Piracy“:
Both pirated and un-pirated titles showed similar growth in sales in the first few weeks after a title is published, followed by a decline after peak. Average sales for unpirated content start higher and peak later, although this may reflect the specific nature of titles in