JD Supra Intellectual Property

Court Grants Summary Judgment, Finds No Copyright Infringement

The U.S. District Court for the Southern District of New York granted summary judgment to defendants in Freeman v. Deebs-Elkenaney, finding no copyright infringement. The court determined that similarities between the plaintiff's unpublished drafts and the defendants' bestselling novel series were limited to unprotectable tropes common to the genre.

Supreme Court: ISPs not liable for user copyright infringement without intent

The Supreme Court ruled that Internet Service Providers (ISPs) are not liable for user copyright infringement solely based on knowledge of the infringement. The decision in Cox Communications Inc. v. Sony Music Entertainment clarifies that intent to encourage infringement or providing a service primarily for infringing uses is required for ISP liability. This ruling may impact how platforms are expected to enforce terms of service against infringing users.

PMPRB Proposes Practice Directions for Hearings and Seeks Feedback

The Patented Medicine Prices Review Board (PMPRB) has published seven proposed Practice Directions for its hearings, seeking public feedback by May 4, 2026. These proposals aim to modernize procedures, standardize document exchange, and expedite certain proceedings, including the use of AI.

Sync Licensing Control: Retaining Approval Rights After Copyright Assignment

This article discusses how artists and creators can retain control over sync licensing by negotiating upfront approval rights, even after assigning copyright ownership. It highlights the distinction between consultation rights and approval rights, using recent disputes as case studies to emphasize the importance of strategic contract drafting in protecting brand alignment and public perception.