http://www.shadesofgraylaw.com Copyright law from black to white and everything in between Fri, 02 Jul 2010 00:39:11 +0000 http://backend.userland.com/rss092 en   When I sat down to read the parties' moving briefs in Viacom v. YouTube  back in the spring, I was reminded powerfully of something I have come to think of as the Mildred Rule (in honor of my late grandmother, pictured above with me in 1971).  Though the Mildred Rule did ... http://www.shadesofgraylaw.com/2010/07/01/the-mildred-rulekeeping-clients-email-out-of-the-spotlight-when-litigation-hits-the-fan/ In sharp contrast to the voluminous materials submitted by the parties in support of their cross-motions for summary judgment in the Viacom v. YouTube litigation, the court's opinion granting judgment in favor of YouTube is surprisingly lean.  Indeed, a third of the 30-page opinion is devoted to verbatim quotes of ... http://www.shadesofgraylaw.com/2010/06/30/wheres-the-beefyoutube-opinion-lacks-heft/ Today Judge Louis Stanton granted YouTube's motion for summary judgment in the Viacom v. YouTube litigation - an incredibly quick decision in almost any case, but especially here, where the parties filed tremendously dense briefs and supporting declarations with hundreds of pages of exhibits.  Viacom v. YouTube, No. 07-2103 (S.D.N.Y. ... http://www.shadesofgraylaw.com/2010/06/23/judge-louis-lightning-stanton-quick-on-the-drawrules-in-favor-of-youtube-in-viacom-suit/ Gavin McGimpsey, an undergraduate at Kenyon College, is conducting research into file-sharing and attitudes about copyright law.  The research is funded by Kenyon College's John W. Adams Summer Legal Scholars Program in Socio-Legal Studies.  Mr. McGimpsey's research includes a survey directed at those interested in file-sharing and copyright law.  If ... http://www.shadesofgraylaw.com/2010/06/22/file-sharing-speak-now-or-forever-hold-your-peace/ Section 504(c) of the Copyright Act allows a plaintiff to elect statutory damages instead of actual damages and profits “for all infringements involved in the action, with respect to any one work . . .” For purposes of that subsection, “all the parts of a compilation or derivative work constitute ... http://www.shadesofgraylaw.com/2010/06/21/one-award-to-rule-them-allsecond-circuit-addresses-what-constitutes-a-work-for-statutory-damages-purposes/ Wondering whether your contemplated use of copyrighted material is a fair use? Perplexed by the thicket of seemingly contradictory opinions on the four statutory fair use factors? Eager to learn more about transformative uses? Join me on July 12, 2010 for an informative presentation on fair use as part of ... http://www.shadesofgraylaw.com/2010/06/02/fair-or-foul-find-out-at-plis-understanding-copyright-law-2010/ The Ninth Circuit has chosen sides in the debate over what constitutes “registration” sufficient to file suit, adopting what has come to be referred to as the “application approach.”  Cosmetic Ideas, Inc. v. IAC/InteractiveCorp, __ F.3d __ (9th Cir. 2010).  Section 411(a) of the Copyright Act provides that “no action for ... http://www.shadesofgraylaw.com/2010/05/27/in-the-ninth-circuit-plaintiffs-need-only-applycourt-adopts-application-approach-to-registration-as-a-precondition-to-filing-suit/ Holden Caulfield might have called it a crumby old rule.  Using more diplomatic terms, the Second Circuit concluded that the standard it has long applied to preliminary injunctions in copyright cases is “inconsistent with the ‘test historically employed by courts of equity,’” and has been abrogated by the Supreme Court’s ... http://www.shadesofgraylaw.com/2010/05/05/2nd-circuit-rejects-crumby-old-pi-standardapplies-ebay-to-preliminary-injunctions-in-copyright-cases/ Today, the parties in Viacom v. YouTube, No. 07-2103 (S.D.N.Y. filed March 13, 2007) made public redacted copies of  their summary judgment motions and supporting declarations, which were originally filed under seal on March 8.  The volume of materials is staggering, though not surprising in such a significant and vigorously disputed case.  Whatever ... http://www.shadesofgraylaw.com/2010/03/18/viacom-and-youtube-open-the-kimonoparties-publicly-file-redacted-copies-of-summary-judgment-motions/ Section 411(a) of the Copyright Act provides that “no civil action for infringement of the copyright in any United States work shall be instituted until . . . registration of the copyright claim has been made. . .” For decades, courts have ruled and commentators (including myself) have pronounced that ... http://www.shadesofgraylaw.com/2010/03/03/snatching-settlement-from-the-jaws-of-defeatsupreme-court-holds-registration-a-precondition-to-suit-not-jurisdictional/