Blogger’s Screenshot of a Newspaper Page Qualifies as Fair Use–Clark v. TransAlt
The photo at issue depicts a dockless bike on a sidewalk. The New York Post published an article on dockless bikes and included the photo. You can get a sense of that story from my screenshot of the NY Post…
New Paper Announcement: “Copyright’s Memory Hole”
I’m pleased to announce a new paper, “Copyright’s Memory Hole,” co-authored with Northeastern Law professor Jessica Silbey. The paper is still in draft form, and Jessica and I plan to do a major edit to the paper this summer. So…
Copyright Registration, Publication on the Internet, and the Revolving “Back Door to Berne” (Guest Blog Post)
by guest blogger Marketa Trimble Localization – the determination of where persons and things are deemed to be located and events are deemed to happen – is important for many legal purposes; decisions concerning personal jurisdiction and choice of applicable…
Ruling in Emoji Beach Ball IP Case Left Me Confused 😕–Kangaroo v. Amazon
This case involves the alleged counterfeiting of emoji beach balls on Amazon. It doesn’t get into emoji-specific IP issues and devolves into a garbled tangle over Amazon marketplace product catalog issues. Still, EMOJI LAW ALERT!!! 😲 The plaintiff makes emoji…
More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)
by guest blogger Gabriella Ziccarelli [Eric’s introductory note: I have made a personal life choice to ignore the entire Kardashian enterprise and their constant and often faux drama (except that I have occasionally mocked the Kardashians in my law school…
Supreme Court Requires Completed Copyright Registration Before Filing Suit–Fourth Estate Public Benefit v. Wall-Street (Guest Blog Post)
Guest Blog Post by Tyler Ochoa On March 4, 2019, the U.S. Supreme Court decided Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, No. 17-571, 139 S.Ct. ____, 2019 U.S. LEXIS 1730. The case involved the interpretation of section 411(a) of the…
It’s Really Hard to Win a Motion to Dismiss Based on 512(c)–Myeress v. Buzzfeed
512(c) and 230 diverge in key procedural respects, including the implications of scienter for motions to dismiss. Section 230(c)(1) has no scienter standards, so defendants can win on motions to dismiss despite virtually any scienter allegations. In contrast, Section 512(c)’s…
Top Internet Law Developments of 2018
My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. I hope it’s better late than never. It’s been a rough year for Internet law. As I tweeted in June: When…
Copyright May Protect a Car Wash’s Liability Disclaimer–Rassamni v. Fresno Auto Spa
A pretty interesting copyright dispute is brewing in unexpected circumstances: among rival car washes in Fresno. The plaintiff includes the following language in its brochure and inspection sheet: Dear Customer, While it is our intent to provide you with the…
An Analysis of Title I and Title III of The Music Modernization Act, Part 2 of 2 (Guest Blog Post)
Guest Blog Post by Tyler Ochoa [This is part 2 of a 2-part series on the Music Modernization Act. Check out part 1 before reading this post.] The Musical Works Database One of the most important provisions in the MWM…