Lawsuit Over User-Posted Celebrity Photos Survives Dismissal--BWP v. Hollywood Fan Sites

Lawsuit Over User-Posted Celebrity Photos Survives Dismissal–BWP v. Hollywood Fan Sites

The plaintiffs own copyrights in celebrity photos. The defendants run the Hollywood.com “fan site network” with 1,500+ websites dedicated to celebrities, TV shows, etc. The complaint alleges that the entire fan site network is predicated on republishing stolen photos, and…

Perfect 10 Loses Copyright Suit Against USENET Service Provider--Perfect 10 v. Giganews

Perfect 10 Loses Copyright Suit Against USENET Service Provider–Perfect 10 v. Giganews

Giganews acts as a USENET service provider. Perfect 10 is the litigious pornographer that has helped define Internet copyright law for the last 15 years. It sued Giganews because Perfect 10’s copyrighted images are distributed on USENET. After over three…

Equivocal Email Exchanges Don't Transfer Copyright Ownership

Equivocal Email Exchanges Don’t Transfer Copyright Ownership

The Tjeknavorians collaborated with Mardirossian to make a film about the Armenian genocide. They never signed a paper agreement, although they had a bunch of correspondence regarding the film. Mardirossian contributed funds to the project on an ongoing basis (up…

When Does Online Criticism Become "Stalking"?--Ellis v. Chan

When Does Online Criticism Become “Stalking”?–Ellis v. Chan

This is an online harassment dispute. Ellis, the plaintiff/petitioner, is the author of a poem called “The Dash”. She has achieved some degree of public figure status through the poem’s notoriety. The poem is about a person who speaks at…

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…

A Seismic Ruling On Pre-1972 Sound Recordings and State Copyright Law--Flo & Eddie v. Sirius XM Radio (Guest Blog Post)

A Seismic Ruling On Pre-1972 Sound Recordings and State Copyright Law–Flo & Eddie v. Sirius XM Radio (Guest Blog Post)

By Tyler Ochoa [Eric’s intro: in Tyler’s cover email to me, he told me the ruling was “huge, as in 1906-San-Francisco-earthquake huge.  It literally could result in undoing 75 years of copyright history.”] A federal court in California has held…

LiveJournal Wins 512(c) Safe Harbor Ruling For Celebrity Gossip Blog--Mavrix v. LiveJournal

LiveJournal Wins 512(c) Safe Harbor Ruling For Celebrity Gossip Blog–Mavrix v. LiveJournal

This case involves a LiveJournal blog called “Oh No They Didn’t!” (ONTD) that republishes reader submissions about celebrity gossip. There are nine moderators of the blog, including one–Brian Delzer–who became a LiveJournal employee. Unsurprisingly given the blog’s subject, readers submitted…

Urban Outfitters’ Kent State T-Shirt Was Offensive But Probably Legal (Guest Blog Post)

By Tyler Ochoa As reported in various news outlets (including MSN and New York magazine), Urban Outfitters generated a storm of controversy on Twitter a few days ago, when it was discovered that it was offering for sale a “vintage”…

Court Denies AFP/Getty Bid to Set Aside Morel Copyright Verdict

Court Denies AFP/Getty Bid to Set Aside Morel Copyright Verdict

The dust is settling on AFP v. Morel, and the wreckage that emerges isn’t pretty. Following trial, a jury awarded Morel $1,503,889.77 in actual and statutory damages for infringement. The jury also found that defendants violated Morel’s rights under the…

New Copyright Office Compendium Discussion About Designating Sec. 512 Agents

New Copyright Office Compendium Discussion About Designating Sec. 512 Agents

The Copyright Office has released a pretty nifty document called the Compendium of U.S. Copyright Office Practices, Third Edition. The second edition was written 30 years ago, so it’s about time we got a new edition! I thought the document…