MGM v. Grokster: The U.S. Supreme Court Decision (2005)
Tuesday, 05 July 2005
On June 27, 2005 on a copyright ruling, nine justices of the Supreme Court agreed, in MGM v. Grokster, that the distributors of devices capable of both lawful and unlawful uses are liable for the infringing acts of third parties, where, as shown by clear expression or other affirmative steps, the distributors promote the infringement. Distinguishing Sony,
- Published in Copyright Inducement Liability, Copyright Infringement Actions, Copyright Law, Filesharing, Grokster, Intellectual Property Law, Intermediary Liability, Internet, P2P, Peer To Peer Sharing, Secondary Copyright Liability, Substantial Noninfringing Use
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The U.S. Supreme Court Holds That Lanham Act Does Not Require Attribution For Works Embodying Public Domain Materials (2003)
Friday, 05 September 2003
In June this year, the Supreme Court held that section 43(a) of the Lanham Act does not bar the uncredited copying of a work whose copyright has expired. The producer of “copies” is considered the “origin” of those “goods” within the meaning of the statute, and the producer of those goods neither falsely designates its
Eldred v. Ashcroft: The U.S. Supreme Court Upholds Copyright Term Extension (2003)
Tuesday, 05 August 2003
At the beginning of this year, the Supreme Court upheld the constitutionality of the 1998 Sonny Bono Copyright Term Extension Act (the “CTEA” or “Act”), which extends the existing term of copyright protection for an additional 20-year period. The district court had earlier held that the 20-year extension, though longer than the term in the
Tasini: The Supreme Court’s Opinion (2001)
Monday, 05 March 2001
The Supreme Court last week affirmed the decision of the Second Circuit that, absent a written transfer of electronic rights from freelance writers, print publishers and aggregators (named parties included Lexis-Nexis [LN] and University Microfilm International [UMI]) are liable for copyright infringement for reproducing and distributing articles out of the context of the original collective