Rounding Up Some Recent Copyright Decisions
…the right and ability to control, nor does its role in screening content as it was listed. [NOTE: With thanks to my colleague Tyler Ochoa, I took out some of…
Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)
…Dan Nabel Prof. Tyler Ochoa (Santa Clara Law) John Ottaviani Dr. Matthias Pendl (Max Planck) Prof. Aaron Perzanowski (Michigan Law) Bilyana Petkova Riana Pfefferkorn Prof. Lisa Ramsey (USD Law) Prof….
A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September…
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
By Guest Blogger Tyler Ochoa Last week, the U.S. Supreme Court held 6-3 that assuming a copyright infringement claim is timely under the discovery rule of accrual, meaning that it…
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display…
U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)
[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa calls this a “preliminary” analysis, but that doesn’t mean it’s short!] Two weeks ago, former President Donald Trump filed a lawsuit…
The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)
By Guest Blogger Tyler Ochoa Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2)…
26 Trademark Academics Oppose the SHOP SAFE Act
…Timothy Murphy, University of Idaho College of Law Prof. Tyler Ochoa, Santa Clara University School of Law Prof. Lisa Ramsey, University of San Diego School of Law Prof. Betsy Rosenblatt,…
U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)
By Guest Blogger Tyler Ochoa On February 24, the U.S. Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the…