August 27, 2013
Westlaw Topical Highlights for Intellectual Property provides summaries of significant federal court decisions and legislative and administrative activities affecting Intellectual Property law. A Westlaw subscription is required to access the documents linked from this page.
Books and Publishing: Film’s use of line from novel was fair, and did not violate copyright. Faulkner Literary Rights, LLC v. Sony Pictures Classics Inc. 2013 WL 3762270 (N.D.Miss.) The line in Woody Allen’s movie Midnight in Paris, “The past is not dead. Actually, it’s not even past” was a de minimis and fair use of the line in William Faulkner’s novel Requiem for a Nun, “The past is never dead. It’s not even past.” The speaker, time, place, and purpose of the quote in the two works were diametrically dissimilar. The movie line was eight seconds of a ninety minute film. The film’s use of the line was more likely to have helped the market value of the novel. (The full-text of the rest of the Topical Highlights are available within Westlaw Next, subscription required)
Limitations: Copyright co-ownership claim accrued when company president signed agreement stating that assignee was acquiring all rights. Cooper v. NCS Person, Inc. 2013 WL 4405721 (C.A.10 (Colo.))
Internet: Alleged acts of infringement involving content hosted on services on Russian servers were not actionable under Copyright Act. Perfect 10, Inc. v. Yandex N.V. 2013 WL 3668818 (N.D.Cal.)
Art and Architecture: Copyright applicant was only required to have filed an application in order to bring an infringement action. Panoramic Stock Images, Ltd. v. McGraw-Hill Companies, Inc. 2013 WL 4047651 (N.D.Ill.)
Class Actions: Copyright law could not be used to prohibit class action plaintiffs from continuing to use complaint and exhibits. Unclaimed Property Recovery Service, Inc. v. Kaplan 2013 WL 4417579 (C.A.2 (N.Y.))