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2017 promises to be an exciting year for copyright law. Here are
some of the most cutting-edge cases to keep on your radar.
Oracle America, Inc. v. Google Inc.,
No. 17-1202 (Fed. Cir.), could have a major impact on the future of
software development and interoperability. In 2010, Oracle sued
Google for using application programming interfaces from
Oracle's Java code in Google's Android platform. Google
argued that the APIs were not entitled to copyright protection. In
2014, the U.S. Court of Appeals for the Federal Circuit disagreed,
holding that Google's use infringed Oracle's copyrights in
the APIs. But last May, a jury in a trial on remand held that
Google's use of the APIs was protected by fair use—a
defense to copyright infringement. The case is now headed back to
the Federal Circuit, where the court will decide whether there was
sufficient evidence to support the finding of fair use.
Capitol Records, LLC v. Vimeo, LLC,
No. 16-771 (U.S.), could change how the Digital Millennium
Copyright Act shields technology companies from infringement
liability for user-uploaded content. In 2009, several music
publishing and record companies sued Vimeo, the online
video-sharing platform, for copyright infringement over
user-uploaded videos that allegedly contained sound recordings
owned by the plaintiffs. Many of those sound recordings were
recorded before 1972 and, thus, not entitled to federal copyright
protection. Last June, the U.S. Court of Appeals for the Second
Circuit held that the DMCA—federal law—shields
DMCA-compliant internet service providers from state law copyright
claims regarding pre-1972 sound recordings. The U.S. Supreme Court
has not yet decided whether it will hear the music companies'
appeal.
Lenz v. Universal Music Corp., No.
16-217 (U.S.) (a.k.a. the "Dancing Baby Case"),could
raise the bar for rights holders who send DMCA takedown notices to
internet service providers. In 2007, Stephanie Lenz uploaded a
29-second video of her baby dancing to Prince's "Let's
Go Crazy." Universal sent a DMCA takedown notice to YouTube,
and the video was removed. After sending two counter-notices
claiming fair use and getting her video reposted, Lenz sued
Universal for misrepresenting to YouTube that her video was
infringing. In 2015, the U.S. Court of Appeals for the Ninth
Circuit held that copyright owners had to subjectively believe a
use was infringing before sending a DMCA takedown notice.
Lenz's pending appeal to the Supreme Court goes one step
further, arguing that a copyright holder needs an
objectively reasonable belief that a use is infringing
before it can send a DMCA takedown notice. The Supreme Court has
not yet decided whether it will hear the appeal.
Star Athletica, LLC v. Varsity Brands,
Inc., No. 15-866 (U.S.), could alter the copyright
protections afforded to fashion designs. Varsity Brands, one of the
country's largest suppliers of cheerleading equipment, sued
rival Star Athletica for copying its uniform designs. Courts have
long considered apparel a "useful article" too
utilitarian in nature to warrant copyright protection. Varsity
Brands, however, argues that the decorative elements of its
uniforms are conceptually separable from the underlying garments,
making those elements eligible for copyright protection. The case
is currently pending before the Supreme Court. If the justices
agree with Varsity Brands' interpretation of the conceptual
separability doctrine, the decision could have far-reaching
implications for the use and display of certain fashion designs in
other media, such as movies or video games.
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Now that the GDPR is in full effect, litigators in the United States must take steps consistent with the GDPR and recognize that possible significant penalties exist for failure to comply with the new regulations when conducting e-discovery.
For the past years, 3D printing has significantly revolutionized the business industry as it provides innovations and improvement to pre-existing processes.
It has become more accessible to consumers and businesses, drastically transforming the way industries operate. However, its pervasive use poses a great challenge to copyright owners as the copyrighted and patented objects may be reproduced, which may lead to infringement of IP rights.
A familiar adage teaches that one catches more flies with honey than with vinegar. Without in any way implying that infringers are flies, we can apply this lesson to the trademark context.
A recent decision from the Eastern District of Virginia took an expansive view on the fair use defense to copyright infringement that calls into question the scope of copyright protection for photographers.
Patent litigation in China has become an unavoidable prospect for many international companies, as a series of systemic reforms—and the temptation of readily available injunctive relief—have helped turn Chinese courts into increasingly attractive forums for patent plaintiffs.
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