Abs Entertainment v. CBS Corporation
A case involving whether digitally remasteredpre-1972 sound recordings are independently copyrightable.
The U.S.
Court of Appeals for the Ninth Circuit reversed the lower court’s grant of summary judgement in favor of CBS, holding that “the creation of an authorized digital remastering of pre-1972 analog sound recordings that qualify as copyrightab.
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Cambridge University Press v. Albert
Acase brought by several academic publishersin 2008 that alleged infringement by Georgia State University in connection with its course e-reserve system.
The U.S.
Court of Appeals for the Eleventh Circuit held that the district court misinterpreted its previous mandate and misapplied the fair use test.
Specifically, the court agreed with the publis.
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Capitol Records v. Redigi
A case involving a service that allowed usersto “resell” digital mp3 files.
The U.S.
Court of Appeals for the Second Circuit published its long-anticipated decision affirming the district court’s finding that ReDigi infringed the reproduction rights of plaintiffs.
The court affirmed the district court’s holding that ReDigi’s service created a new c.
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Davidson v. United States
A case involving a photograph of the Lady Libertyreplica statue in Las Vegas, which was reprinted on U.S. postage stamps under the mistaken belief that the photograph was of the original statue in New York.
The U.S.
Court of Federal Claims ruled in favor of the sculptor in the amount of $3.5 million plus interest.
The USPS argued that the replica s.
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Do courts recognize copyright in works created without human involvement?
Howell found that “courts have uniformly declined to recognize copyright in works created absent any human involvement,” citing cases where copyright protection was denied for celestial beings, a cultivated garden, and a monkey who took a selfie.
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Fox News v. TVEyes
A case concerning whether TVEyes’ subscription serviceallowing users to view, download, and email ten-minute clips of Fox’s programming qualified as fair use.
The TVEyes’ service, which was available for $500 a month to businesses, governments, and professionals (but not for personal use), offered recorded programming 24/7 from over 1,400 televisio.
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Goldman v. Breitbart
A case concerning“how images [here, a photo of New England Patriots quarterback Tom Brady] shown on one website, but stored on another website’s server, implicate an owner’s exclusive display right.” The U.S.
District Court for the Southern District of New York granted the photographer’s partial motion for summary judgment, stating that “when defen.
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Is the Copyright Office reviewing a copyright decision?
The Copyright Office said in a statement that it believes the court reached the correct result and the office is reviewing the decision.
The office recently issued guidance on the copyrightability of works created with the assistance of AI, which attorneys said introduced additional murkiness in the AI authorship debate.
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Oracle v. Google
A case concerning Google’s use of Oracle’s Java APIsin the Android platform.
The Court of Appeals for the Federal Circuit, reversing the lower court, held that Google’s use did not constitute fair use as a matter of law, and remanded the case for a trial on damages.
On the first factor, the Court rejected Google’s argument that using the APIs in a .
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What are the most important copyright-related court cases in 2018?
There were many significant copyright-related court cases decided during 2018.
Breaking them down, the most significant were:
ABS Entertainment v.
CBS Corporation A case involving whether digitally remastered pre-1972 sound recordings are independently copyrightable. ,
Will 505 limit a copyright infringement case?
The Rimini Street case concerns whether §505 of the Copyright Act limits what costs a court may award to a prevailing party in a copyright infringement case.
Of course, as noted above, the Court will also decide whether it will take on the much-publicized Oracle v.
Google fair use case.
