Music Modernization Act to Reform Copyright Law with Regard to Streaming Music Services

By Rachael Peters Pugel and David G. Barker Last week, President Trump signed into law the Orrin G. Hatch–Bob Goodlatte Music Modernization Act. The Act modifies existing law under the Copyright Act, and largely affects only those who deliver digital music content or collect royalty payments from it. The Act, which was passed unanimously by the Senate and the House—an occurrence which has become seemingly more rare—modernizes copyright law, specifically with regard to how royalties are paid, to account for the rise in popularity of streaming services like Spotify, Apple Music, and Amazon Music. The Act creates a newly established   Read More »

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Ninth Circuit Holds County’s Advertising Restriction on “Disparaging Material” Unconstitutional

By Justin K. Powley and David G. Barker The Ninth Circuit held yesterday in American Freedom Defense Initiative v. King County that a county’s advertising program on public buses that rejected advertisements on the basis of disparaging material violates the First Amendment’s free speech clause and therefore is unconstitutional. King County provides public transportation in the Seattle metropolitan area and sells advertising space on the exterior of public buses. The County generally accepts all advertisements that do not contain prohibited content, including: false statements, disparaging material, or content that may disrupt the transit system. American Freedom Defense Initiative submitted a   Read More »

Posted in IP and Technology Litigation, Trademark Litigation | Tagged ,

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Sick Again

Sick Again

Posted in Copyright Litigation | Tagged

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Supreme Court to Determine “Full Costs” Under Copyright Act

By Mark K. Webb and David G. Barker Yesterday, the Supreme Court of the United States granted certiorari in Oracle USA v. Rimini Street to resolve a split among the United States Circuit Courts of Appeals concerning costs awarded to a prevailing party under the Copyright Act. The Sixth, Seventh, and Ninth Circuits permit an award of “full costs” under 17 U.S.C. § 505 (Copyright Act) that is not limited by the six categories of taxable costs under 28 U.S.C.  § 1920. The Eighth and Eleventh Circuits do not permit additional costs, because the “full costs” language does not “clearly,”   Read More »

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Federal Circuit Holds GoPro’s Catalog Qualifies as a Printed Publication

By Sid Leach Earlier today, the Federal Circuit released a decision concerning what constitutes a printed publication in GoPro Inc. v. Contour IP Holding LLC. The court reversed the Patent Trial and Appeal Board (“PTAB”) and held that GoPro’s catalog made available at a tradeshow prior to the critical date qualified as a printed publication. GoPro had filed a petition for inter partes review to challenge patents owned by Contour IP Holdings, asserting the catalog was prior art. The PTAB upheld the patents’ validity. The case considered whether a person skilled in the art was likely to attend the tradeshow.    Read More »

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