Issue No. 049
September 4, 2026
New York
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The IP Briefing · by ESCA Legal
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| A California federal judge reconsidered an earlier ruling and rejected the broadest copyright theory in a case targeting Bad Bunny and more than 150 other artists over reggaeton's dembow rhythm. |
| § | The plaintiffs claimed that a protectable selection and arrangement appeared across three recordings associated with Steely and Clevie. | | § | The court found that the asserted arrangement was not clearly identified in any single copyrighted work. | | § | The ruling removes claims involving nearly 2,000 songs from the current theory of infringement. | | § | Narrower claims alleging direct sampling of specific recordings remain in the case. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue tracks how copyright disputes can turn on the definition of a protected work, the amplification of someone else's content, and a creator's statutory right to reclaim ownership. |
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| More IP Stories |
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| § Copyright · Pending |
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| A California federal judge refused to dismiss a contributory copyright claim alleging that Elon Musk amplified an unauthorized drone video by reposting it on X while communicating about Tesla's diner expansion plans. |
| § | Photographer James Quilici alleges that another X user uploaded his drone video without permission and credited WC Drone Productions. | | § | Musk reposted the video with comments about Tesla opening diners in major cities and at Supercharger sites. | | § | The court found it plausible at the pleading stage that Musk acted with authority on Tesla's behalf. | | § | The court also found that the credit line and later notice could support allegations of knowledge and willfulness. |
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Why it matters
The ruling allows a secondary liability theory based on a corporate leader's social media amplification to proceed. It places account use, agency, attribution, and notice at the center of a brand content dispute.
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| § Copyright · Update |
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| Mike Judge has notified Paramount Skydance that he intends to exercise federal copyright termination rights over Beavis and Butt-Head, with a potential rights reversion beginning in 2027. |
| § | The original animated shorts featuring the characters aired in 1992, before the television series debuted in 1993. | | § | Federal copyright law permits qualifying creators to terminate certain grants after a statutory period. | | § | The planned termination would concern United States rights and could affect Paramount's ownership position. | | § | The franchise remains active, with a revived series and another season in production. |
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Why it matters
Copyright termination can reshape control of a long running entertainment property decades after its creation. The notice also shows how ownership rights can affect negotiations while a franchise remains commercially active.
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QUICK HITS
| § Patent | BASF sued Apple in Texas federal court, alleging that Face ID in dozens of iPhone and iPad models infringes seven patents held through its trinamiX subsidiary. [source] | | § Copyright | RCN asked a New Jersey federal court to reconsider a 2020 ruling and dismiss the major record labels' secondary copyright case in light of the Supreme Court's Cox decision. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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