Recent Developments in Copyright Litigation and What To Expect in 2017

Understanding the key developments in copyright litigation in 2016 will give the copyright litigator the insights to best navigate the litigation landscape going forward. This course will highlight those developments and provide guidance regarding some significance copyright cases pending in the Circuits and the Supreme Court.

Join attorney Andrew Berger for a discussion of several copyright cases, including: TVEyes v. Fox, TCA Television v. McCollum, and Graham v. Prince. He will specifically address DMCA cases as well, including EMI v. MP3Tunes, BMG v, Cox, and Capitol Records v. Vimeo. Then he will break down the implications of the Supreme Court’s Kirtsaeng decision (dealing with attorneys’ fees in copyright litigation) and what to expect in the pending case of Star Athletica v. Varsity Brands dealing with the protectability of designs on cheerleading uniforms.  

Mr. Berger will also address what’s at stake in the epic battle between Oracle and Google, now back for a 2nd time in the Federal Circuit, for a review of the jury’s fair use determine arising from Google’s unauthorized use of application program interfaces. Finally, he will outline the latest development in the pre-1972 performance right music cases pending in the 9th, 2d and 11th Circuits.     

Learning Objectives:

1. Understand the judicial expansion of fair use and what infringing uses that defense is likely either to permit or prohibit going forward

2. Gain insight into the requirements that Internet Service Providers must implement to establish and carry out a repeat infringer policy under the Digital Millennium Copyright Act

3. Recognize the changes the Supreme Court made in the Kirtsaeng case dealing with the recovery of attorneys’ fees in copyright litigation

4. Explore the issues the Supreme Court is facing in the Star Athletica/Varsity Brands case concerning the protectability of graphic designs attached to useful articles

5. Identify the issues and implications at stake in the epic battle between Oracle and Google now in the Federal Circuit involving Google’s unauthorized use of software code in the Android platform

6. Grasp the scope and status of the pre-1972 performance right music cases pending in three circuits around the country