Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)
…California. Various courts have limited damages to $750 when a plaintiff has not submitted valid proof of actual damages, so as not to have a windfall. Oppenheimer did not submit…
Copyright Claims Board (CCB) Default Notices (Guest Blog Post–Part 2 of 3)
…Board orders the claimant to submit written direct testimony in support of a default determination. 37 C.F.R. § 227.2(a). Written direct testimony consists of: a party statement describing the claimant’s…
A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)
…the interview recordings have been published, Trump simply needs to submit two complete copies of the audiobook to the U.S. Copyright Office, with an application for copyright in his name…
Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock
…its policy by enabling copyright owners to submit takedown notices and responding to such notices. Defendant keeps records to identify repeat infringers and regularly terminates contributors’ accounts due to infringing…
The 5th Circuit Puts the 1st Amendment in a Blender & Whips Up a Terrible #MAGA Kool-Aid–NetChoice v. Paxton
…Can you imagine if a book publisher had to give appellate rights to authors who submit unsolicited manuscripts? Or if law reviews had to give appellate rights to law professors…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
…the Second Circuit. The court flags that the parties did not submit any new evidence on the issue of whether Instagram intended a license. I wonder whether McGucken tried to…
Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood? (Comments on the Very Dumb “SMART Copyright Act”)
…class of technology or business practices called “Designated Technical Measures” (DTMs). The Copyright Office would run a triennial process to designate DTMs. Interested parties can submit petitions to identify new…
26 Trademark Academics Oppose the SHOP SAFE Act
…For over a decade, trademark law has been clear that online marketplaces must honor takedown notices that trademark owners submit about specific listings. This well-settled rule balances the interests of…
A 512(f) Plaintiff Wins at Trial! 👀–Alper Automotive v. Day to Day Imports
Background A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or…
Comments on HB 5502, the “INFORM” Act
…lied about its situation or “has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller,” then the online marketplace must suspend the seller…