Category Archives: Copyright Issues

Gallery’s Antitrust and Trade Disparagement Claims Dismissed

Southern District of New York Judge Barbara S. Jones dismissed a lawsuit accusing Marlborough Gallery Inc. of an attempt to monopolize and unfairly eliminate competition for the ceramic works of artist Chu Teh-Chun.  In the lawsuit, SARL Galerie Enrico Navarra alleged that Marlborough sought to discredit the gallery and the reproductions of ceramic plates it […]

Antitrust Claims by Student Athletes Against EA Sports Game Maker Dismissed

California District Court Judge Claudia Wilken dismissed claims that the video game company EA sports joined in a conspiracy with the NCAA and The Collegiate Licensing Co. to deny student athletes royalties on the use of the players names and images in video games.  The plaintiffs had argued that EA Sports interaction with the NCAA in […]

SESAC Music Licensing Antitrust Attack to Move Forward

Southern District of NY Judge Naoimi Buckwald denied a motion to dismiss filed by SESAC LLC in a case filed by several television stations.  The plaintiffs allege that SESAC acted anticompetitively in offering copyright licenses to songs only on a blanket license all or nothing basis.  SESAC is one of three copyright licensing organizations that […]

DOJ to Investigate Google Book Deal

Update March 2011: Southern District of NY Judge Denny Chin rejected a class action settlement between plaintiff publishers and Google that would have permitted Google to publish orphan works on an opt out basis.  The Department of Justice and potential competitors such as Microsoft and Amazon argued that the settlement would allow Google to monopolize […]

US Trade Court Hold First Sale Doctrine Inapplicable to Foreign Books

In John Wiley & Sons Inc. v. Supap Kirtsaeng et al., U.S. Court of International Trade Judge Donald C. Pogue handed down an opinion prohibiting defendant Supap Kurtsaeng from raising the first-sale-doctrine defense in an upcoming jury trial.  Publisher John Wiley & Sons Inc.’s accused Kurtsaeng of unlawfully importing and reselling textbooks in violation of various intellectual property […]