Tag Archives: copyright

2020 Substantial Similarity Update

Last week my father and I finished the 17th annual update of Substantial Similarity in Copyright Law. As was the case last year, the 9th Circuit upset the apple cart near the end, this time issuing the en banc decision in the Led Zeppelin case just days before the update was due. We got it in there though, so […]

Busy Few Months

It’s been a busy few months writing and speaking. We finished the update to Substantial Similarity in Copyright Law in May, updated the Practical Law Substantial Similarity piece in June and taught AIMP Summer School in July. Thank you to all the clients who assigned work that was equally interesting and challenging this spring and […]

2018 Substantial Similarity Update Available

The 2018 annual supplement to our treatise Substantial Similarity in Copyright Law is now available from PLI.

Practical Law Update Completed

Eric Osterberg’s article Copyright Infringement: Analyzing Substantial Similarity in Westlaw’s Practical Law has recently been updated.

Spirit v. Led Zeppelin, Taurus v. Stairway To Heaven

The copyright infringement lawsuit accusing Led Zeppelin of plagiarizing the song Taurus in the iconic Stairway to Heaven just got really interesting because the judge denied (in part, but in the most important part) defendants’ motion for summary judgment, and whether the songs are “substantially similar” seems like it may be a close call. If […]

2015 Substantial Similarity in Copyright Law Supplement Available

The 2015 annual supplement to our treatise Substantial Similarity in Copyright Law is now available from PLI.

The Government Can’t Take Your Copyright

A little known and infrequently invoked feature of the U.S. Copyright Law is its prohibition against government-mandated copyright transfer from an individual author. 17 U.S.C. § 201(e) reads: When an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual […]

Copyright Fair Use – Is “Transformativeness” The Key?

Fair use is a statutory defense to copyright infringement. The fair use statute, 17 U.S.C. § 107, suggests certain types of uses that generally may qualify as fair use, and identifies four factors a court must consider to decide when any particular use qualifies.  The statute reads as follows: Notwithstanding the provisions of sections 106 […]

2014 Substantial Similarity in Copyright Law Supplement Available

The 2014 annual supplement to our treatise Substantial Similarity in Copyright Law is now available from PLI.

Copyright Litigation: Analyzing Substantial Similarity

A new article I’ve written, Copyright Litigation: Analyzing Substantial Similarity has just been published by the Practical Law Company.  Think of it as Substantial Similarity in Copyright Law light.  It discusses just the very basics of what you need to know when evaluating a copyright infringement claim.  If you want detailed information, you still have to […]