Tag Archives: Copyright Infringement

Innocent Infringement: Intent and Copyright Law

One of the most commonly misunderstood aspects of copyright law is the significance of intent. The elements of direct copyright infringement are (1) the plaintiff’s ownership of a valid copyright in a work and (2) the defendant’s copying of protectable expression from that work.  The defendant’s intent is not part of this analysis. One hears […]

Madden Football Copyright Verdict Under Booth Review

Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California, claiming that EA had infringed his computer software copyright. Specifically, Antonick didn’t appear to have a copy of the copyrighted […]

Private or Public? The Developing Circuit Split on Internet TV Retransmission

It appears that a Circuit split is developing on the issue of whether Internet services that transmit network television programs are engaged in a transmission to the public in violation of the networks’ copyrights.  The networks argue that the Internet streaming services (such as Aereo) are engaged in public transmissions because large numbers of members of […]

District Court Adopts Subjective Test For Digital Millennium Copyright Act Takedown Notices

We’ve previously written about Tuteur v. Crossley Corcoran, the Digitus Impudicus copyright case in the District of Massachusetts.  The facts can be summarized as follows: Blogger A posted a photo of herself giving Blogger B “the finger.”  Blogger B reposted the photo as part of her response.  Blogger A then issued a Digital Millennium Copyright […]