Redfin Defeats Copyright Claims Due to MLS License Agreement
This is a copyright lawsuit over real estate photos. This genre of litigation has surprising vitality! Stross is a photographer and broker who participates in multiple listing services (MLSs).He alleges that Redfin infringed because (1) it used “Stross’s photographs of sold…
Copyright Owner Denied Attorneys’ Fees In Suit Against Popcorn Time User–Cobbler v. Doe
This lawsuit involves the unauthorized download of a 2015 Adam Sandler movie, The Cobbler. The court says The Cobbler has been illegally downloaded 10,000 times in Oregon alone. WTF? I can’t wrap my head around the fact *anyone* chose to…
Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore
BWP Media is a celebrity photo agency and a repeat online copyright plaintiff. Polyvore is…well, I don’t really get what they do. They say the site “is a new way to discover and shop for things you love in fashion,…
Was Melania Trump’s Plagiarism Also Copyright Infringement? (Guest Blog Post)
By Guest Blogger Tyler Ochoa The first night of the Republican National Convention generated quite a bit of controversy, as Melania Trump was accused of plagiarizing a key passage in her speech from a similar passage in Michelle Obama’s speech…
Ted Cruz’s Presidential Campaign Apparently Committed Copyright Infringement. Oops.
I know it may be my own idiosyncratic and romanticized view of governance, but I hold politicians to a higher standard when it comes to knowing, and complying with, the law. After all, if the people in charge of making…
Vimeo’s Second Circuit DMCA Safe Harbor Win Over Capitol Records
This is an important DMCA safe harbor opinion. It’s from the Second Circuit, an influential court, and it extends the Second Circuit’s 2012 key Viacom v. YouTube ruling in important ways. Still, the DMCA safe harbors remain defectively designed, and…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
Copyright * Skidmore v. Led Zeppelin, No. CV 15-03462-RGK (AGRx) (C.D. Cal. June 23, 2016): Led Zeppelin’s Stairway to Heaven isn’t substantially similar to Spirit’s Taurus. The plaintiff’s lawyer explains why it was a loss for both sides. My Q:…
Web Host Defeats Copyright Liability Despite Mishandled Takedown Notice–Hydrenta v. Luchian
The plaintiff produces pornography and distributes it through paid membership sites. The defendants run ad-supported websites that allow users to upload videos, a total of 475,000 user-submitted videos. Moderators screen user submissions to confirm they do not contain “child pornography,…
A Dozen Organizations File Comments Opposing Copyright Office’s Plan to Undermine Section 512
I recently posted about the Copyright Office’s proposed new prices for designating 17 USC 512 agents for notice. While the proposed price reduction sounded good, the announcement obscured the real news: the Copyright Office still wants to nix valid designations…
Supreme Court Revisits Copyright’s Attorney Fee Shifts–Kirtsaeng v. Wiley
The Copyright Act, 17 U.S.C. 505, has a discretionary “loser-pays” attorneys’ fee shift. We’ve blogged repeatedly about abusive copyright enforcements where that fee shift provides a modicum of fairness to defendants (e.g., Inglewood v. Teixeira; Katz v. Chevaldina; Righthaven v….