Blogger’s Photo Republication Isn’t Fair Use–Vedros v. Endless Mt. Labradors
This is a run-of-the-mill photographer copyright enforcement action. As a commission for an advertiser, Vedros created a photo that depicts “a dog placing its front paws on a scale with a cat nearby, and shows both animals looking at the…
Judge Shopping & Schedule A (Guest Blog Post)
By guest blogger Sarah Fackrell, Professor of Law at Chicago-Kent College of Law Plaintiffs are often allowed to choose their own forum. But they’re not supposed to be able to choose their own judge. And yet, in the U.S. District…
We Still Don’t Know the Second Circuit’s Position on Embedding and Copyright Infringement–Richardson v. Townsquare
This case involves two videos: a video of basketball legend Michael Jordan breaking up a fight, and a video interview with rapper Melle Mel. Videographer Delray Richardson owned the copyrights to both videos. Townsquare operates XXL, an online hip-hop news…
U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post)
Guest Blog Post by Prof. Tyler Ochoa On March 25, the U.S. Supreme Court unanimously held that Cox Communications, an internet access provider, is not liable for file-sharing infringements committed by its users. Cox Communications, Inc. v. Sony Music Entertainment,…
The Cox Shock: A Tectonic Shift or Just a Tremor? (Guest Blog Post)
by guest blogger Prof. Guy Rub, Temple University Beasley School of Law The Supreme Court’s decision in Cox v. Sony sent a shockwave through the copyright world. In an opinion that felt like a cold shower for copyright owners, Justice Thomas essentially…
Will Lower Courts Find Ways Around Cox v. Sony? You Betcha
This post covers two more Michael Grecco cases (see links below for additional blog coverage on his litigation campaign). The two decisions provide an interesting compare/contrast. The Twitter ruling also gives an early sense of how lower courts might navigate…
Prof. Goldstein on Cox v. Sony (Excerpt from His Treatise)
Prof. Paul Goldstein (Stanford Law) kindly has allowed me to share this update to his treatise (Goldstein on Copyright, Third Edition) regarding the Supreme Court’s Cox v. Sony decision. (My initial comments on the ruling are here). * * *…
Do DMCA Takedown Notices Need to Expressly Refer to the Lack of Fair Use?–Take-Two v. PlayerAuctions
PlayerAuctions runs an online marketplace for virtual items. Take-Two makes the Grand Theft Auto (GTA) videogames. Take-Two sent a takedown notice to PlayerAuctions targeting user-uploaded item listings. PlayerAuctions pushed back, saying that the users’ listings don’t contain any GTA copyrighted…
Quick Comments on the SCOTUS Cox v. Sony Ruling
My brief initial comments on the Cox v. Sony decision: The decision reaches the right outcome. It has been unconscionable that copyright owners keep trying to hold Internet access providers liable for the acts of their subscribers. I hope this…
Does 512(f) Apply Differently to Counternotices Compared to Takedown Notices?
Executive Lens LLC v. Rapkin, 2026 WL 776965 (N.D. Cal. March 19, 2026) “Plaintiff is the sole owner of the copyrights in the videos published on the YouTube channels ‘Denver Metro Audits’ and ‘Denver Metro Audits 2.0.’” This is my…