2017 promises to be an exciting year for copyright law. Here are some of the most cutting-edge cases to keep on your radar.

Oracle America, Inc. v. Google Inc., No. 17-1202 (Fed. Cir.), could have a major impact on the future of software development and interoperability. In 2010, Oracle sued Google for using application programming interfaces from Oracle's Java code in Google's Android platform. Google argued that the APIs were not entitled to copyright protection. In 2014, the U.S. Court of Appeals for the Federal Circuit disagreed, holding that Google's use infringed Oracle's copyrights in the APIs. But last May, a jury in a trial on remand held that Google's use of the APIs was protected by fair use—a defense to copyright infringement. The case is now headed back to the Federal Circuit, where the court will decide whether there was sufficient evidence to support the finding of fair use.

Capitol Records, LLC v. Vimeo, LLC, No. 16-771 (U.S.), could change how the Digital Millennium Copyright Act shields technology companies from infringement liability for user-uploaded content. In 2009, several music publishing and record companies sued Vimeo, the online video-sharing platform, for copyright infringement over user-uploaded videos that allegedly contained sound recordings owned by the plaintiffs. Many of those sound recordings were recorded before 1972 and, thus, not entitled to federal copyright protection. Last June, the U.S. Court of Appeals for the Second Circuit held that the DMCA—federal law—shields DMCA-compliant internet service providers from state law copyright claims regarding pre-1972 sound recordings. The U.S. Supreme Court has not yet decided whether it will hear the music companies' appeal.

Lenz v. Universal Music Corp., No. 16-217 (U.S.) (a.k.a. the "Dancing Baby Case"),could raise the bar for rights holders who send DMCA takedown notices to internet service providers. In 2007, Stephanie Lenz uploaded a 29-second video of her baby dancing to Prince's "Let's Go Crazy." Universal sent a DMCA takedown notice to YouTube, and the video was removed. After sending two counter-notices claiming fair use and getting her video reposted, Lenz sued Universal for misrepresenting to YouTube that her video was infringing. In 2015, the U.S. Court of Appeals for the Ninth Circuit held that copyright owners had to subjectively believe a use was infringing before sending a DMCA takedown notice. Lenz's pending appeal to the Supreme Court goes one step further, arguing that a copyright holder needs an objectively reasonable belief that a use is infringing before it can send a DMCA takedown notice. The Supreme Court has not yet decided whether it will hear the appeal.

Star Athletica, LLC v. Varsity Brands, Inc., No. 15-866 (U.S.), could alter the copyright protections afforded to fashion designs. Varsity Brands, one of the country's largest suppliers of cheerleading equipment, sued rival Star Athletica for copying its uniform designs. Courts have long considered apparel a "useful article" too utilitarian in nature to warrant copyright protection. Varsity Brands, however, argues that the decorative elements of its uniforms are conceptually separable from the underlying garments, making those elements eligible for copyright protection. The case is currently pending before the Supreme Court. If the justices agree with Varsity Brands' interpretation of the conceptual separability doctrine, the decision could have far-reaching implications for the use and display of certain fashion designs in other media, such as movies or video games.

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