Copyright

Scarinci Hollenbeck’s Copyright practice group regularly provides content on how to pursue, secure, and monetize copyrights. Our content provides insight on IP services in both the transactional sector and in the litigation realm. To receive our attorneys' Copyright articles please subscribe to our email list.

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Copyright Office Says Streamers on the Hook for Late Fees

The U.S. Copyright Office recently addressed when fees for late royalty payments should be assessed under the Music Modernization Act’s blanket mechanical license. Under the Office’s Interpretive Rule, effective September 5, 2023, digital music royalty late fees begin accruing for digital music providers 45 days after the end of a monthly reporting period, even if the […]

Author: Albert J. Soler

October 5, 2023

SCOTUS Rules Faulty Copyright Registration Based on Innocent Mistake of Law Doesn’t Doom Rights

A new Supreme Court decision shows us that making an innocent mistake of fact or law when filing an application for copyright registration does not automatically mean that you will lose your intellectual property rights... A new Supreme Court decision shows us that making an innocent mistake of fact or law when filing an application […]

Author: Jill A. Michael

March 31, 2022

U.S. Supreme court

Supreme Court Sided with Google in Landmark Copyright Suit

The U.S. Supreme Court recently held that Google’s inclusion of Oracle’s software code in its Android mobile operating system constituted fair use under U.S. copyright law... The U.S. Supreme Court recently held that Google’s inclusion of Oracle’s software code in its Android mobile operating system constituted a fair use under U.S. copyright law. The 6-2 […]

Author: David A. Einhorn

June 4, 2021

Can the Taste of Food be Eligible for Copyright Protection?

In Levola Hengelo BV v. Smilde Food BV (Case C-310/17), the Court of Justice of the European Union (CJEU) recently held that the taste of food is not eligible for copyright protection... While copyright protection has traditionally been limited to creative expressions of artistic and literary nature, such as novels, paintings, and musical compositions, courts […]

Author: David A. Einhorn

May 13, 2021

SCOTUS Decision in Tech Battle Can Reshape Copyright Law

The U.S. Supreme Court Will Have the Final Word in an Epic Legal Battle Between Google and Oracle, Which Could End Up Reshaping Copyright Law The U.S. Supreme Court will have the final word in an epic legal battle between Google and Oracle. The case involves whether Google committed copyright infringement when it copied Oracle’s software code to […]

Author: William R. Samuels

December 12, 2019

Third Circuit Court Affirms Banana Costume Entitled to Copyright Protection

The Third Circuit Court of Appeals Recently Affirmed a District Court Ruling Granting a Preliminary Injunction in a Copyright Infringement Suit Involving a Banana Costume The Third Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction in a New Jersey copyright infringement lawsuit involving a human-sized banana costume. The appeals court […]

Author: David A. Einhorn

November 7, 2019

SCOTUS Adds Pirate Ship Copyright Case to Docket

The U.S. Supreme Court Has Added a Copyright Infringement Case Involving Blackbeard’s Pirate Ship to its Docket for Next Term The U.S. Supreme Court has added a copyright infringement case involving Blackbeard’s pirate ship to its docket for next term. On a practical level, the issue in Allen v. Cooper is the extent to which […]

Author: William R. Samuels

August 6, 2019

U.S. Supreme court

U.S. Supreme Court Clarifies Meaning of “Full Costs” Under Copyright Law

In Rimini Street, Inc. v. Oracle USA, Inc., the U.S. Supreme Court Clarified the Meaning of “Full Costs” Under Copyright Law In Rimini Street, Inc. v. Oracle USA, Inc., 586 U.S. ___ (2019), the U.S. Supreme Court clarified that the award of “full costs” to a party in copyright litigation under 17 U.S.C. § 505 of […]

Author: Nicholas J. Pellegrino

April 4, 2019

New Jersey Litigation

Local theater faces stiff fines for copyright infringement

Producing a Play Without Obtaining Permission From Copyright Holders Can Result in Significant Legal Penalties… Producing a play without obtaining permission from copyright holders can result in significant legal penalties. In a recent copyright suit, Music Theatre International (MTI), which licenses musicals, was awarded $450,000 plus attorney’s fees by the United States District Court for […]

Author: David A. Einhorn

February 28, 2019

How the Music Modernization Act Will Reshape US Copyright Law

On September 18, 2018, the U.S. Senate unanimously passed the Music Modernization Act of 2018. The landmark bill, which has already passed the House of Representative, represents the largest overhaul of music licensing in more than two decades.

Author: Ronald S. Bienstock

September 28, 2018

No Monkey Business - Ninth Circuit Rules Monkey Can’t Bring Copyright Suit Over Selfie

Naruto, arguably the world’s most famous crested macaque, has lost his long-standing legal battle over a “selfie” she took back in 2011. A non-human may not hold copyright under the U.S. Copyright Act, according to the Ninth Circuit Court of Appeals.

Author: David A. Einhorn

June 13, 2018

Patent vs Copyright: Which One Do I Need?

Patent vs Copyright: Which Is The Correct IP Protection You Need? Patents and copyrights are two vital aspects of intellectual property law, but many people are confused as to the difference between the two. This can present a serious problem when your business produces something in need of intellectual property protection.So, what is the difference […]

Author: Shane I. Birnbaum

March 8, 2017

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