Section 230 Doesn’t Create a Cause of Action–Goodman v. Sharp
The underlying dispute involved a copyright and trademark enforcement action against Goodman over a parody/satire video. The court summarizes Goodman’s arguments in this collateral lawsuit: Plaintiff alleges that Defendants abused process and engaged in attorney misconduct when the Academies sued…
Court Quashes 512(h) Subpoena on First Amendment Grounds–In re 512(h) Subpoena to Twitter
This case involves a pseudonymous Twitter account, “@CallMeMoneyBags.” The account tweeted some remarks, including photos, critical of billionaire Brian Sheth. Soon after, an entity called Bayside asserted copyright ownership of the photos and sent 512(c)(3) takedown notices to Twitter followed…
Third Circuit Declares Copyright Independence for Fireworks Systems–Pyrotechnics v. XFX
This case involves copyright protection for fireworks systems–a relevant topic for July 4th! 🎆 Pyrotechnics (under the “FireOne” brand) claims to be the “world leader in digital pyrotechnic firing systems.” The system involves a central unit, field modules, and software…
Quick Links from the Past Year, Part 2 (Copyright)
* Hebenstreit v. Merchants Bank of Indiana, 1:18-cv-00056-JPH-DLP (S.D. Ind. Aug. 26, 2021). A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in…
The Copyright Claims Board Is Opening Next Week. Are You Excited?
The Copyright Office has completed its initial rulemaking for the new copyright “small claims” court called the “Copyright Claims Board” (the CCB). It has also launched a website with explanatory material. This post will round up what we know about…
Can Tattoos Infringe Copyrights, and If So, What Happens Then?–Sedlik v. Kat Von D
Can tattoos infringe copyrights, and if yes, what remedies are appropriate? This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. This opinion is the first I can recall that answers the…
Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)
by guest blogger Prof. Alexandra Jane Roberts Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?…
Section 512(c) Protects Pinterest Despite Its Algorithms–Davis v. Pinterest
“Plaintiff contends that Pinterest has infringed the copyrights of 51 of his works by displaying these works in proximity to advertisements and by displaying and distributing them to users via notifications.” The court gives this screenshot as an example. Davis’…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized display and therefore infringing. The court previously denied Newsweek’s request…
Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Mic
This is a case initially filed by Richard Liebowitz that’s still clogging the courts, which explains why it is so transparently unmeritorious. I previously described the case: The photo at issue depicted a man in a bar named Dan Rochkind….