VMG Salsoul v. Madonna: Why a Bright-Line Infringement Rule for Sound Recordings is not in Vogue in the Ninth Circuit
Authors: Matthew J. Busch and Tamany Vinson Bentz
In Bridgeport Music v. Dimension Films, the Sixth Circuit eliminated the "de minimis" use exception, which excused a trivial amount of copying, as an available defense for unauthorized use of sound recordings. Under Bridgeport, a recording artist who samples, even an unrecognizable portion of another's song, is automatically liable for copyright infringement. This month, in VMG Salsoul, LLC v. Madonna Louise Ciccone, et al., the Ninth Circuit rejected Bridgeport's bright-line infringement rule for sound recordings, creating a split among the Circuits. Click here to continue reading.
When Are You Entitled to Attorney's Fees in a Copyright Infringement Case: The Supreme Court Provides the Answer (Kind of)
Author: Joshua J. Kaufman
In the Supreme Court's second round reviewing the Kirtsaeng v. John Wiley case ("Kirtsaeng II"), the Court was expected to clarify when a prevailing party in a copyright infringement suit is entitled to attorney’s fees. The waters were muddy with conflicting standards set in different jurisdictions. The Court, while moving the ball forward, did not provide any bright lines. The Court still leaves it primarily up to the trial court’s discretion with a few added guidelines as to when attorney’s fees are proper. Click here to continue reading.
Key Trademark and Copyright Issues Every Print or Digital Media Publishing Company Should Know: In Practical Terms
Author: Linda J. Zirkelbach
Whether your company publishes media in traditional print form, or creates content, licenses rights, and offers content digitally, it is essentially functioning as a publishing company. Trademarks and copyrights are key assets of a publishing or media company. However, the rules of the road for these rights are often misunderstood or overlooked. Click here to continue reading.
New Arrivals:
Venable Welcomes Victoria Danta back to IP Litigation Team
Ms. Danta brings more than five years’ experience in various aspects of intellectual property including litigation, trademark prosecution, trademark and copyright enforcement, and IP licensing deals. She regularly advises clients on brand protection and anti-counterfeiting in a variety of industries including consumer goods, software, social media, professional sports, luxury hotels, and the beverage industry. Ms. Danta has litigated trademark and copyright disputes in federal courts across the country, as well as trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board. Ms. Danta returns to Venable's New York office after a short stint with another firm and will also work from Venable's Delaware office.