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A motion to strike is a request by one party in a United States trial requesting that the presiding judge order the removal of all or part of the opposing party's pleading to the court. These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs ...
1) The copyright transfer contract was not limited to five years because the agreement dealt in minimum requirements. 2) A transfer of the copyright for the production of a play on stage does not grant the ability to make a motion picture based on the play.
The copyright office published a report in September 2013 on alternatives to federal litigation for copyright infringements claims. The copyright office proposed the idea of a small claims tribunal system that could be run by the Office for copyright owners seeking damages up to US$30,000. [8]
The court said that in the case of copyright infringement, the province guaranteed to the copyright holder by copyright law – certain exclusive rights – is invaded, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights ...
Viacom did not seek damages for any actions after Google put its Content ID filtering system in place in early 2008, and instead pursued declaratory relief on the ability of American copyright law in addressing Internet-enabled infringement. [8] The lawsuit was later merged with similar complaints being pursued by other copyright holders. [9]
Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015), is a decision by the United States Court of Appeals for the Ninth Circuit, holding that copyright owners must consider fair use defenses and good faith activities by alleged copyright infringers before issuing takedown notices for content posted on the Internet. [1]
On remand, the district court, after the Supreme Court's ruling, dismissed Twentieth Century Fox's Lanham Act claims as well as analogous California state law unfair competition claims. [3] The only remaining issue was whether the plaintiffs had a copyright in the underlying work, Eisenhower's book Crusade in Europe.
Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. 663 (2014), is a United States Supreme Court copyright decision in which the Court held 6-3 that the equitable defense of laches is not available to copyright defendants in claims for damages.