Tennessee IP Law Blog

Solid Oak Sketches, LLC v. 2K Games, Inc. , No. 16-CV-724-LTS-SDA, 2020 WL 1467394 (S.D.N.Y. Mar. 26, 2020) Topic: Fair Use, De-Minimis - Tattoos & Video Game Design Solid Oak Sketches, LLC (“Solid Oak” or “Plaintiff”), brings this action against Defendants 2K Games, Inc., and Take-Two Interactive Software, Inc. (collectively, “Take Two” or “Defendants”), asserting a claim of copyright infringement pursuant to the Copyright Act of 1976, 17 U.S.C. § 101 et seq. (the “Copyright Act”). Following this Court’s granting of Defendants’ motion to dismiss Plaintiff’s claims for statutory damages and attorneys’ fees on August 2, 2016, Plaintiff filed a Second Amended Complaint (“SAC”) on October 24, 2016. (Docket Entry No. 55.) On August 16, 2016, Defendants filed counterclaims for declaratory judgment pursuant to the Copyright Act and the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202 (“Def. Countercl.”). (Docket Entry No. 47.) The Court denied Plaintiff’s motion to dismiss the c...

Last week, the U.S. Copyright Office began allowing application submissions of an electronic copy (coupled with a sworn statement it is a true and identical copy) for works that traditionally required a physical copy, or "best edition" deposit, to be sent and examined.  Where required, some applicants must still send in a physical copy with their application, but allowing an accompanying electronic copy enables applicant processors to examine these types of works to grant registration when they would traditionally not have been able to without examining the physical copy itself. The office has continued to process applications for works that can be submitted fully electronically normally, but all applicants that require a physical deposit will now also have the electronic option from the start. The full story: https://news.bloomberglaw.com/ip-law/copyright-office-allows-proxy-submissions-for-physical-copies