Monthly Archives: April 2013

Admissions of “Appropriation Artist” Not Fatal to Copyright Fair Use Defense

The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words, does the allegedly infringing work add something new, thus altering the message of the original, or does it essentially just copy (and potentially usurp the market for) the original? A classic example of a transformative use is parody,… More

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

            Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again found that the Digital Millennium Copyright Act (“DMCA”) shields YouTube from liability for infringing video clips posted by users on its site.  Last year’s Second Circuit decision had laid out specific directives on four topics to be addressed on remand. … More

The Madrid Protocol: A Passage to Indian Trademark Registration

taj mahalThe Madrid Protocol Concerning the International Registration of Trademarks (the “Protocol”) provides a simple, unified, cost-effective means for citizens of member countries (including the United States) to register their marks in other member countries.  By using the Protocol, trademark owners can obtain a single “International Registration” designating some or all of the member countries, instead of filing separate national applications in each country.  If none of the member countries objects to the International Registration,… More

A Private Matter: Second Circuit Rules that Aereo’s TV Streaming Service is Not an Infringing Public Performance

Private PublicIn an industry where technology is constantly evolving and racing to keep up with consumer habits, a recent court ruling came down to one basic component: antennas.

Last Monday the Second Circuit ruled in favor of Aereo, Inc., a television streaming service, in a lawsuit filed by a consortium of network broadcasters who argued that Aereo’s services constitute a public performance that violates their copyrighted material. … More

Copyright Fair Use Defense Not Available to Aggregator of AP News Clips

A U.S. federal court has held that the publication by a media monitoring service of excerpts from Associated Press news articles is copyright infringement for which the fair use defense is not available.  The Associated Press v. Meltwater U.S. Holdings, Inc. et al., 12 Civ. 1087 (March 21, 2013).  The case provides a victory for content owners in the ongoing legal war between creators and distributors of online content.… More