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Authoreyez | An Intellectual Property Blog

An Intellectual Property Blog

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Authoreyez: Case Summaries | An Intellectual Property Blog

Square Ring, Inc. v. U-Stream. Dated Friday, January 23, 2015. Case Title and Citation. Square Ring, Inc. v. U-Stream et al., Civil Action No. 09-563 (GMS) (2015) [1]. United States District Court, D. Delaware. Pre-Trial – District Court Memorandum on denial of U-Stream Motion for Summary Judgment. Issue or relevant point(s). Whether or not U-Stream satisfied all requirements as a matter of law in order to receive the monetary liability ‘safe harbor’ benefit of the DMCA? Attorney’s fees and expenses.

INTERNAL PAGES

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Images and the Internet (Part 3 of 3) | Authoreyez

http://www.authoreyez.com/2014/08/images-and-internet-part-3-of-3.html

Images and the Internet (Part 3 of 3). Images and the Internet (Part 3 of 3). In Assumption of Risk. Posted on 8/02/2014 05:37:00 PM. Just what is this “wallpaper” stuff? Of this series of Blog posts, I touched on various legal concerns and common misconceptions related to the use of images on the internet. Initially, it might help to gain an understanding of what “wallpaper” is in the internet sense – Wikipedia provides a useful description: [1]. Background) is an image used as a background. I have take...

2

Transformation of Art | Authoreyez

http://www.authoreyez.com/2015/02/transformation-of-art.html

Posted on 2/10/2015 06:28:00 AM. Transformation of Art: something more than meets an ‘eye’ test. As I sat here for quite some time trying to think up a catchy title encapsulating something about “transformers” and “more than meets the eye”, I am reminded at just how un. Which only serves to underscore my amazement and appreciation of the artists I work with. However, through crafty legal work and utilization of the public report site, Copypedia. Essentially the artists tour the world finding old painting...

3

Q and A with Artists: creation, fair use, infringement - fun times! | Authoreyez

http://www.authoreyez.com/2015/02/q-and-with-artists-creation-fair-use.html

Q and A with Artists: creation, fair use, infringement - fun times! Q and A with Artists: creation, fair use, infringement - fun times! Posted on 2/19/2015 06:57:00 PM. In a recent post. I discussed my experience with Chadwick and Spector. And the applicability of (or lack thereof) the ‘transformation’ aspect of fair use to their creative works. Some additional questions subsequently arose that I wanted to take some time to follow up on. 8211; that, from a legal. Well, fundamentally there are two ways fo...

4

512(h) DMCA Subpoena | Authoreyez

http://www.authoreyez.com/2015/04/512h-dmca-subpoena.html

John M. DeBoer. John M. DeBoer. Posted on 4/30/2015 07:02:00 PM. Recently I took a dive into the murky waters associated with a “DMCA subpoena” or a subpoena pursuant to 17 U.S.C. § 512(h), only to end up in the same spot I started from: nowhere. My ordeal may be viewed in PACER under 15-mc-00654. Though the Page associated with, and presumably “owned by”, the User ID provides contact information associated with a related entity, all attempts to contact the entity were to no avail. As a result of Verizon.

5

October 2014 | Authoreyez

http://www.authoreyez.com/2014_10_01_archive.html

Archives for October 2014. Sailing the Internet and Finding a DMCA ‘Safe Harbor’ (Part 1 of 3). Posted on 10/14/2014 04:41:00 PM. Previously I overviewed the DMCA. As generalized in the overview, the main purpose of Section 512 of the DMCA was the provision of a legal mechanism for service providers ( e.g. However, this benefit is only garnered by qualified. SP’s, and there are a number of ways a provider may fail to receive, or otherwise be deprived of, the protection of the DMCA.  . Follow up Q&A In a ...

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Harney v. Sony Pictures Television, Inc. | Authoreyez: Case Summaries

http://cases.authoreyez.com/2013/01/normal-0-false-false-false-en-us-x-none.html

Harney v. Sony Pictures Television, Inc. Harney v. Sony Pictures Television, Inc. Dated Monday, January 07, 2013. Case Title and Citation:. Harney v. Sony Pictures Television, Inc., 704 F.3d 173 (1st Cir. 2013). United States Court of Appeals for the First Circuit, Boston, MA. Court Order and Opinion (on appeal by Plaintiff). Issue or relevant point:. The Court reviewed the district court summary judgment finding that while comparison of the two photo’s shows they share factual. Elements, there was no su...

cases.authoreyez.com cases.authoreyez.com

Table of Contents by Date | Authoreyez: Case Summaries

http://cases.authoreyez.com/p/table-of-contents-by-date.html

Table of Contents by Date. Table of Contents by Date. Most recent cases are at the top. 167; 512(h) (2). Attorney’s fees and expenses (1). Chain of title (1). Intent to deceive (1). John M. DeBoer (1). Jointly and severally (1). Reasonably implemented policy (1). Scope of protection (1). Statute of limitations (1). Square Ring, Inc. v. U-Stream. Want me to give my $0.02 on something? Welcome to the official blog of IP attorney John M. DeBoer (Me!

cases.authoreyez.com cases.authoreyez.com

Getty v. Virtual | Authoreyez: Case Summaries

http://cases.authoreyez.com/2014/07/case-summary-getty-v-virtual.html

Getty v. Virtual. Getty v. Virtual. Dated Thursday, March 20, 2014. Case Title and Citation:. Getty Images (US), Inc v. Virtual Clinics, et al, Case No. C13-0626JLR. United States District Court, W.D. Washington, Seattle. Court Order on Award of (Statutory) Damages. Issue or relevant point:. When are maximum statutory damages appropriate? If a Plaintiff demonstrates that the infringer's conduct was willful, the court may award maximum statutory damages of $150,000.00 per infringement. Here, the Court fou...

cases.authoreyez.com cases.authoreyez.com

September 2012 | Authoreyez: Case Summaries

http://cases.authoreyez.com/2012_09_01_archive.html

Archives for September 2012. Well Go USA v. Uknown Filesharing Swarm. In § 512(h). Dated Monday, September 24, 2012. Case Title and Citation. Well Go USA, Inc. v. Unknown Filesharing Participants, 2012 WL 4387420 (S.D. Tex. 2012). United States District Court, Southern District Texas. Memorandum and Order Granting Rule 45 Discovery, Denying DMCA Subpoena. Issue or relevant point(s). Labels: § 512(h). 167; 512(h) (2). Attorney’s fees and expenses (1). Chain of title (1). Intent to deceive (1).

cases.authoreyez.com cases.authoreyez.com

September 2013 | Authoreyez: Case Summaries

http://cases.authoreyez.com/2013_09_01_archive.html

Archives for September 2013. Dated Monday, September 30, 2013. Case Title and Citation. Broadcast Music, Inc., et al. v. Eviess Tavern Ellenton, Inc., and Michael Evanoff, Case 8:11-cv-2056-T-17TBM. United States District Court, M.D. Florida, Tampa Division. Issue or relevant point(s). Whether or not BMI could/should be awarded fees and costs? 167; 512(h) (2). Attorney’s fees and expenses (1). Chain of title (1). Intent to deceive (1). John M. DeBoer (1). Jointly and severally (1). Scope of protection (1).

cases.authoreyez.com cases.authoreyez.com

BMI v. Evies | Authoreyez: Case Summaries

http://cases.authoreyez.com/2013/09/normal-0-false-false-false-en-ph-x-none.html

Dated Monday, September 30, 2013. Case Title and Citation. Broadcast Music, Inc., et al. v. Evies's Tavern Ellenton, Inc., and Michael Evanoff, Case 8:11-cv-2056-T-17TBM. United States District Court, M.D. Florida, Tampa Division. Issue or relevant point(s). Whether or not BMI could/should be awarded fees and costs? BMI has acquired the nonexclusive right to contract with third parties ( i.e. 1) the originality and authorship of the compositions involved;. The Court considered the following in calculatin...

cases.authoreyez.com cases.authoreyez.com

July 2014 | Authoreyez: Case Summaries

http://cases.authoreyez.com/2014_07_01_archive.html

Archives for July 2014. Curtis et al. v. Illumination Arts. Attorney’s fees and expenses. Dated Thursday, July 17, 2014. Case Title and Citation. Curtis et al. v. Illumination Arts, Case No. C12-0991JLR. United States District Court, W.D. Washington, Seattle. Order Granting Default Judgment. Key issue or relevant point:. Under the facts of the case the Motion for Default Judgment was granted.  . The Court also awarded reasonable attorney’s fees and expenses in favor of the Plaintiff. Issue or relevant po...

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December 2012 | Authoreyez: Case Summaries

http://cases.authoreyez.com/2012_12_01_archive.html

Archives for December 2012. Washington Shoe v. A-Z Sporting Goods. John M. DeBoer. Dated Monday, December 17, 2012. Case Title and Citation. Washington Shoe v. A-Z Sporting Goods, Case Nos. 11-35166 and 11-35206. United States Court of Appeals for the Ninth Circuit. Judgment of the district court is reversed and remanded. Issue or relevant point. John M. DeBoer. 167; 512(h) (2). Attorney’s fees and expenses (1). Chain of title (1). Intent to deceive (1). John M. DeBoer (1). Jointly and severally (1).

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Posted on 3/13/2017 08:04:00 AM. Posted on 2/08/2017 02:15:00 PM. By John M. DeBoer. Last month I discussed how the. Put on the table by the House Judiciary Committee.  In particular, the memo from Chairman Goodlatte stated:. Registration of photographs - one work or multiple works? John M. DeBoer. Posted on 1/25/2017 07:26:00 PM. Does Group Registration of 750 Photographs Register One Work or 750 Works? By John M. DeBoer. We take A LOT of photos.  And why not? Notice of Proposed Rulemaking. Posted on 4/...

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