The court declines to adopt the server test’s fixation-based reasoning but reaches much the same result under a “transmit requirement” that adds a new permission question.
I’ve seen a lot of obituaries for the server test this week. The Fifth
Copyright Lately, published by Greenberg Glusker, focuses on current issues and developments in copyright law. The blog covers topics such as public domain transitions, copyright infringement litigation, AI-generated content and its legal implications, international copyright treaty effects, music copyright registration nuances, and rights management in emerging technologies. It discusses legal disputes involving media, entertainment, and technology sectors, including cases about news summaries created by AI, government works' copyright status abroad, and copyright challenges in music production. The blog also addresses policy changes and industry responses related to copyright enforcement and licensing in digital and creative contexts.
Six decades after the JFK assassination, a conspiracy book dragged the Zapruder film into a new copyright dispute. A Dallas judge just decided which claims survive.
The federal courthouse in Dallas is in a boxy slab of a building about…
The Crave copyright case was open and shut once a judge compared the books. Getting there took four years and $3.4 million in legal fees.
In her March opinion dismissing Lynne Freeman’s copyright infringement lawsuit over Tracy Wolff’s Crave series,…
Five new amicus briefs urge the Supreme Court to undo the Fifth Circuit’s worldwide-reversion rule, warning it would sow international chaos while quietly stripping foreign creators of the very rights it claims to expand.
The Supreme Court justices are on…
Four major music companies bought into a disputed copyright, hired a Supreme Court heavyweight, and filed a cert petition arguing that the Fifth Circuit sent U.S. termination rights on an unauthorized world tour. Now comes the hard part: getting four…
The Ninth Circuit granted en banc rehearing in Sedlik v. Von Drachenberg, vacating the panel opinion and putting “total concept and feel” on the chopping block.
Back in January, I wrote that the concurrences in Sedlik v. Von Drachenberg, the…