Appropriation Artist Can't Win Fair Use Defense on Motion to Dismiss--Graham v. Prince

Appropriation Artist Can’t Win Fair Use Defense on Motion to Dismiss–Graham v. Prince

This is a lawsuit by plaintiff Donald Graham against well-known “appropriation artist” Richard Prince and his gallery for copyright infringement. As described by the court: Prince’s [work] is [an . . . ] inkjet print of a screenshot taken by…

1H 2017 Quick Links, Part 4 (Copyright, Patent, More)

Copyright * Design Basics, LLC v. Lexington Homes, Inc., 858 F.3d 1093 (7th Cir. 2017). Three noteworthy passages from this case: – “the existence of the plaintiff’s copyrighted materials on the Internet, even on a public and “user‐friendly” site, cannot…

DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle

The court summarizes the key facts: “GYPI alleges that Zazzle has publicly displayed 41 paintings by Westmoreland or Erickson on its website, and that Zazzle has created consumer products bearing these images.” GYPI lacked standing to enforce the Westmoreland paintings,…

Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff--Konangataa v. ABC

Ill-Advised Copyright Lawsuit Over Facebook Live Video Becomes Costly For Plaintiff–Konangataa v. ABC

You probably remember the story about a new dad’s Facebook Live broadcast of his baby’s birth. His video was covered by many media outlets, including some outlets that published snippets of the video (re the defendants in this case: 30…

Copyright Registrations for Emoticons and Emojis

Copyright Registrations for Emoticons and Emojis

[This is the first of a series of excerpts from my Emojis and the Law paper. Note that I’ve created a new blog category for “Emojis”–the first new category in years!] In my Emojis and the Law paper, I analyzed…

Your Movements Shall Be Traced: The New EU Regulation on Cross-Border Portability (Guest Blog Post)

by guest blogger Marketa Trimble On May 18, 2017, the European Parliament adopted with amendments the EU Cross-Border Portability Regulation (Regulation (EU) of the European Parliament and of the Council on cross-border portability of online content services in the internal market)….

Amazon Doesn't "Sell" Its Marketplace Goods--Milo & Gabby v. Amazon

Amazon Doesn’t “Sell” Its Marketplace Goods–Milo & Gabby v. Amazon

Milo & Gabby is a small family business that designs and sells “animal-shaped” pillowcases. It discovered that knockoffs were listed for sale on Amazon’s website. The products were actually offered for sale by third party sellers, and all but one…

To Geoblock, or Not To Geoblock – Is That Still a Question? (Guest Blog Post)

by guest blogger Marketa Trimble Should your client – an internet content provider or service provider – geoblock? Your client might geolocate – that is, it might determine an internet user’s physical location and then localize content to adjust the…

New Draft Paper on Emojis and the Law

New Draft Paper on Emojis and the Law

I have posted a draft article, entitled Surveying the Law of Emojis, to SSRN. I will be posting excerpts from the article here over the next few weeks. I would gratefully appreciate your comments on the draft. I am also…

A Photographer Sued a Student Over a School Project. Guess How That Turned Out–Reiner v. Nishimori

In 1997, TC Reiner worked with SuperStock to create a photo entitled “Casablanca.” If I understand it correctly, Reiner and SuperStock put significant time and money into creating the photo on spec, with the hope that a future advertiser would…