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Intellectual Property

Jul. 14, 2015

Some courts conflate copyright terms

The import of a copyright registration has been elevated to a level exceeding its intended function, and cases demonstrate how that can doom an otherwise valid infringement claim.

Stephen M. Doniger

Partner
Doniger Burroughs APC

603 Rose Ave.
Venice , CA 90291

Phone: (310) 590-1820

Email: stephen@donigerlawfirm.com

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Scott Alan Burroughs

Partner
Doniger Burroughs APC

603 Rose Ave.
Venice , CA 90291

Phone: (310) 590-1820

Email: scott@donigerlawfirm.com

Doniger / Burroughs is an artists' rights boutique that has litigated numerous street art and other creative work cases. It has offices in Venice, California and Brooklyn, New York.

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A copyright infringement defendant recently argued to the 9th U.S. Circuit Court of Appeals that the plaintiff's case failed because there were errors on the plaintiff's copyright registration certificate, and those errors were dispositive on the issue of copyright ownership (a necessary element of an infringement claim). The panel deciding the case, Meridian Textiles v. Topson Downs of California, 12-57190 (May 22, 2015), rejected this argument. ...

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