Litigation Briefs

Golan v. Holder - District Court Order

Publication Date: 
April 3, 2009
Publication Type: 
Litigation Brief

The Court upheld our challenge to the constitutionality of the URAA's restoration of copyrights in public domain works. The Court granted our summary judgment motion, holding the URAA violates the First Amendment insofar as it suppresses parties' rights to keep using works they exploited when those works were in the public domain.

Fairey v. The Associated Press - Complaint

Author(s): 
Anthony Falzone
Julie Ahrens
Publication Date: 
February 9, 2009
Publication Type: 
Litigation Brief

Complaint filed against the AP on behalf of artist Shepard Fairey.

Golan v. Holder - Plaintiffs' Motion for Summary Judgment in the District Court

Author(s): 
Anthony Falzone
Chris Ridder
Julie Ahrens
Lawrence Lessig
Publication Date: 
January 16, 2009
Publication Type: 
Litigation Brief

The Golan case was back before the District Court on remand to determine whether the URAA can survive First Amendment scrutiny. Each side cross-moved for summary judgment on that issue.

Brave New Films v. Savage - Complaint

Author(s): 
Anthony Falzone
Chris Ridder
Julie Ahrens
Publication Date: 
October 10, 2008
Publication Type: 
Litigation Brief

The Fair Use Project, along with co-counsel Bingham McCutchen, sued OTRN and Savage to recover damages for the misrepresentations made in connection with the wrongful removal of Brave New Film's video from YouTube, and declaratory and injunctive relief to vindicate BNF's right to say what it said about Savage in the video, and prevent the suppression of the video in the future.

Lennon v. Premise Media - Order Denying EMI's Request for an Injunction

Publication Date: 
August 13, 2008
Publication Type: 
Litigation Brief

A Manhattan federal court rejected Yoko Ono Lennon's attempt to enjoin the further showing and distribution of Expelled: No Intelligence Allowed on the ground that film used fifteen seconds of the John Lennon song Imagine.

EMI Records filed a nearly identical claim in state court based on the film's use of the sound recording, and demanded a nearly identical injunction. Tthe state court denied EMI's request for an injunction.

Vargas v. BT - Order Granting Fee Motion

Publication Date: 
August 6, 2008
Publication Type: 
Litigation Brief

U.S. District Court Judge Pauley ruled that Plaintiffs Ralph Vargas and Bland- Ricky Roberts must pay Defendants BT and East West Communications $175,000 in attorneys' fees and costs.

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