Posts

News of the Week; December 2, 2020

INTELLECTUAL PROPERTY  Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work Skateboard Graphic Artist Sues Jack Black, Tony Hawk, and The Berrics for Copyright Infringement of Skateboard Graphic Design PewDiePie’s “My Heart Will Go On”: A Case Study in the DMCA and YouTube’s Copyright Dispute Process (Part I) Peace does not get […]

News of the Week; November 25, 2020

INTELLECTUAL PROPERTY  Using music in your business? Copyright fees proposed to increase Disney (Disney!) Accused Of Trying To Lawyer Its Way Out Of Paying Royalties To Alan Dean Foster Who Owns Vacation Photos of You? Probably Not You–Hubay v. Mendez (Eric Goldman) Hyperlinking: more control for copyright owners “Cultural misinterpretation” or designer’s freedom? Due diligence […]

News of the Week; November 18, 2020

INTELLECTUAL PROPERTY Boesen v. United Sports Publications, Ltd.: Court dismisses copyright claim, holding that publisher’s article that “embedded” Caroline Wozniacki’s Instagram post featuring plaintiff’s photograph constituted fair use.  Flo & Eddie, Inc. v. Pandora Media, Inc.: Court denies anti-SLAPP motion by owners of pre-1972 sound recordings created by The Turtles, holding Pandora’s failure to pay […]

News of the Week; November 11, 2020

INTELLECTUAL PROPERTY Game, set, match: Sometimes the photo is the story Federal Judge Rules Embedding of Instagram Post Containing Copyrighted Photo is Fair Use Embedding in a State of Flux: New York Courts Challenge Decade Old Reasoning from the Ninth Circuit Vallejo v. Narcos Productions LLC (USCA, Oct.27, 2020): Held that portions Netflix’s Narcos series are […]

News of the Week; November 4, 2020

INTELLECTUAL PROPERTY  Use Your Illusion: Rights in posthumous holographic performance Intellectual Property & Architecture – Copyright Protection in Focus Tenth Circuit Breathes New Life into a Spooky Skeleton Copyright Dispute  Protect Your Posts: New Group Copyright Registration Option for Online Blogs and Articles  The US election: a vote on IP? New Working Paper – Memes […]

News of the Week; October 28, 2020

INTELLECTUAL PROPERTY  Enforcing Copyright Outside the Courtroom – The New Notice Regimes  FLVTO.biz Petitions SCOTUS To Hear Jurisdiction Argument In Stream-Ripping Lawsuit  Battle Lines Drawn Over Font Copyright Protection Tom Lehrer, Still Awesome, Releases Lyrics Into The Public Domain Armes v. Post: In action asserting co-authorship of Post Malone’s hit song “Circles,” court dismisses alleged […]

News of the Week; October 21, 2020

INTELLECTUAL PROPERTY Supreme Court of Canada to Hear York University/Access Copyright Appeals Justice Luc Martineau is new chair of Copyright Board of Canada Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday Google’s Supreme Court faceoff […]

News of the Week; October 14, 2020

INTELLECTUAL PROPERTY Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday Google’s Supreme Court faceoff with Oracle was a disaster for Google  IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century”  hiQ […]

News of the Week; October 7, 2020

INTELLECTUAL PROPERTY  Fake News, Fake Views and the Parody Exception Google LLC v. Oracle America, Inc. (SCOTUS Oral Arguments Transcript, October 7, 2020) Oracle Is Wrong About Having Permission To Reimplement Amazon’s API. But They Shouldn’t Need It. The Supreme Court hears Oracle v. Google tomorrow—here’s what’s at stake Copyright Owner Claims Ownership Over Depicting […]

News of the Week; September 30, 2020

INTELLECTUAL PROPERTY  Access Copyright v. York University – Update on Supreme Court – Replies Have Been Filed (Howard Knopf) The Outpost – Mass Copyright Litigation (Howard Knopf) How To Be Funny And Not A Jerk In A Cease And Desist Notice, From The Doobie Brothers Bill Murray Responds To Doobie Bros. Copyright Letter With Snark, […]

News of the Week; September 23, 2020

INTELLECTUAL PROPERTY  Mandatory copyright tariffs – Uncharted territories Nicki Minaj’s “Artistic Experimentation” with a Tracy Chapman Song “to Seek License Approval” Qualifies as a Fair Use Under Copyright LEGO Blocks Out ZURU in Copyright Dispute Over Minifigures Schwartzwald v. Oath Inc.: Court dismisses photographer’s copyright claim against HuffPost, finding media site’s altered reproduction of photographer’s […]

News of the Week; September 16, 2020

INTELLECTUAL PROPERTY In Another Instagram Embedding Decision, SDNY Finds Use of Image of Cardi B Fair Performing a DNA Test on Lizzo’s “Truth Hurts”: Joint Works and Derivative Works Under Copyright  A Closer Look at a Troubling Anti-Scraping Ruling from Spring – Compulife Software v. Newman  This Copyright Fair Use Opinion Discusses Jon Hamm’s Crotch […]

News of the Week; September 9, 2020

INTELLECTUAL PROPERTY  Access Copyright and York U File Responses in SCC (Howard Knopf) The Canadian Copyright Licensing Agency(“Access Copyright”) And -York University: Response Of York University To Application For Leave To Appeal Of The Canadian Copyright Licensing Agency The Copyright Board’s New $757,548.50 (+?) Website – Finally an Apparently Functional Search Engine – but Otherwise Disappointing […]

News of the Week; September 2, 2020

INTELLECTUAL PROPERTY  Arts On (the) Line: Copyright Protection of Digital Performances for Presenters, Agents & Managers Word To Politicians: “Please [Do] Stop The Music” Fleshing out the copyright in a tattoo  Bad Faith Scraping of Photos carries a Big Cost Liability for Copyright Infringement Attaches if Conduct Exceeds Scope of License Regulations and the surge […]

News of the Week; August 26, 2020

INTELLECTUAL PROPERTY On the Barefoot Contessa, Peppermint Bark, and the Volitional Conduct Requirement for Copyright Infringement Virtual Reconstruction Of Ancient Temple Destroyed By ISIS Is Another Reason To Put Your Holiday Photos Into The Public Domain  Mango v. Buzzfeed: On claim that media site violated DMCA by publishing photographer’s work without permission 2nd Cir. holds […]