May 2, 2019

Fourth Circuit Fixes Fair Use

FairUseIPBlog

On April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions, LLC, No. 18-1763 (4th Cir. Apr. 26, 2019). The lower court ruled that a festival promoter’s unlicensed use of a copyrighted photograph on its website in connection with advertising the… Read more



Oct 23, 2018

Eleventh Circuit Rejects Georgia’s Copyright for the Annotations to the Official Code of Georgia

Georgia Supreme Court: Georgia Code

A government cannot copyright a statute, but what about the annotations to the statute? In Code Revision Commission v. Public.Resource.Org, Inc., Case No. 17-11589 (decided Oct. 19, 2018), the United States Court of Appeals for the Eleventh Circuit held that the annotations to the Georgia Code were part of the Code and could not be… Read more


Aug 30, 2018

Ninth Circuit Holds Mere “Remastering” of Pre-1972 Sound Recording Does Not Entitle It to Federal Copyright Protection

Record on Record Player: Copyright Protection

On August 20, 2018, the Ninth Circuit Court of Appeals reversed a lower court’s ruling that digital remastering of pre-1972 sound recordings creates a new sound recording entitled to copyright protection.[1]  In so holding, the Ninth Circuit rejected the Defendant radio broadcasters’ claims that, because the pre-1972 sound recordings had been remastered from analog sound… Read more



Jan 21, 2016

Will the Supreme Court Clarify the Standard for Awarding Attorneys’ Fees under §505 of the Copyright Act?

The Supreme Court has granted certiorari to address the standards to be applied in awarding attorney’s fees under  17 U.S.C.§505 of the Copyright Act. At issue is whether Supap Kirtsaeng, the prevailing defendant in a copyright lawsuit, should be awarded his attorney’s fees.  This is Mr. Kirtsaeng’s second trip to the Supreme Court. The  Court… Read more


Sep 11, 2015

The “Happy Birthday” Song (How Old Are You Now?)

According to the 1998 Guinness World Records, “Happy Birthday to You” is the most recognized song in the English language. The melody of “Happy Birthday to You” comes from the song “Good Morning to All,” which has been attributed to American siblings Patty Hill and Mildred J. Hill who wrote the melody in 1893. Patty… Read more


Sep 3, 2015

The Rise of Copyright Cases Against Retailers

By: Joyce Klemmer Copyright law is in the news again this week, including the rise in copyright infringement cases against retailers in copyright infringement cases over textile patterns. Retailers are now one of the top groups of defendants in copyright infringement cases brought by manufacturers of patterns and fabrics. According to a new report from… Read more