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Tag: Copyright

Copyright Record Rental Exception Applies Only To Musical Works (2007)

Thursday, 05 July 2007 by Elliott Alderman
In a recent case of first impression, the Sixth Circuit decided in Brilliance Audio, Inc. v. Haights Cross Communications, Inc., No. 05-1209 (6th Cir. 2007) that the record rental exception to the first sale doctrine, in section 109 of the Copyright Act, applies only to sound recordings of musical works. The decision is also interesting for its
CopyrightFirst SaleMusical WorksRecord Rental ExceptionSound RecordingsTrademarks
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  • Published in Copyright Law, First Sale, Intellectual Property Law, Record Rental Exception, Section 109, Sound Recordings, Trademark Law
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MGM v. Grokster: The U.S. Supreme Court Will Revisit Sony-Betamax (2005)

Monday, 05 September 2005 by Elliott Alderman
At the end of March 2005, the Supreme Court will hear oral argument in MGM v. Grokster, reviewing a decision of the U.S. Court of Appeals for the Ninth Circuit and reconsidering the continued viability of the landmark Sony-Betamax case in the new millennium. Since Sony-Betamax, it has been well-settled that manufacturers and distributors are not vicariously liable for
Contributory InfringementCopyrightFile SharingP2PSecondary Liability
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  • Published in Contributory Copyright Infringement, Copyright Inducement Liability, Copyright Law, Filesharing, Intellectual Property Law, Intermediary Liability, Internet, P2P, Peer To Peer Sharing, Secondary Copyright Liability, Vicarious Copyright Infringement
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MGM v. Grokster: The U.S. Supreme Court Decision (2005)

Tuesday, 05 July 2005 by Elliott Alderman
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,
CopyrightInducementSecondary LiabilitySubstantial Noninfringing Use
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  • 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 by Elliott Alderman
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
AttributionCopyrightDastarFalse Designation of OriginLanham ActMoral RightsSection 43(a)Trademarks
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  • Published in Copyright Law, Dastar, False Designation of Origin, Intellectual Property Law, Lanham Act, Moral Rghts, Section 43(a), Trademark Law
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Alderman IP
1455 Pennsylvania Ave, NW
Suite 400
Washington, D.C. 20004 USA
Phone: +1-202-596-5682
Email: elliott@thecontentlawyer.com
Alderman IP
1455 Pennsylvania Ave, NW, Suite 400
Washington, D.C. 20004 USA
Phone: +1-202-596-5682
Email: elliott@thecontentlawyer.com
© 1993-2022 Alderman IP

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