The “Winning Isn’t Normal” Copyright Enforcement Campaign Is More “Abusive” Than “Winning”–Bell v. Kiffin
A few years ago, I summarized Keith Bell’s copyright enforcement efforts: Bell published a short book in 1982. It contained a passage that has become a meme in the sports community. Bell has separately registered a copyright in the passage….
Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)
by guest blogger Alexandra J. Roberts It’s become known as the “sad beige lawsuit” or the case that asks the question “can you ever really own an aesthetic?” But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another…
Another Judge Balks at SAD Scheme Joinder–Xie v. Annex A
[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” It’s a non-substantive difference in nomenclature, but it’s one of several reasons why I prefer the more general “SAD Scheme” appellation for the practice…
When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC
Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell, paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a…
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 2024 (9 quarters, or 27 months). Here are a few…
Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande
This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a…
Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two
Prior blog post. Alexander inked 6 tattoos on wrestler Randy Orton. Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. A jury ruled for Alexander and awarded $3,750 in damages. The defendants sought to overturn the jury…
Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG
Surprise, another 512(f) claim fails. But the sender’s dereliction in this case really got to me, so it’s worth the blog post. The case revolves around a “beat” produced by Jordan Jenks (a/k/a Pi’erre Bourne). Jenks licensed the beat non-exclusively…
Trump’s Tweet Infringed the Song “Electric Avenue”–Grant v. Trump
This case involves Eddy Grant’s classic 1980s song “Electric Avenue.” The court describes Trump’s reuse of the song: On August 12, 2020, Daniel Scavino, Director of Social Media and Deputy Chief of Staff for Communications of the Executive Office of…
Copyright Lawsuit Over Cameo Videos Fails Due to Fair Use (on a Motion to Dismiss)–Santos v. Kimmel
George Santos is the disgraced former Congressmember and a serial fabulist. After he was expelled from Congress, he set up a Cameo page (please don’t give him any money, even as a joke). To mock him, Jimmy Kimmel ordered some…