2H 2018 Quick Links, Part 1 (Copyright)

* Capitol Records LLC v. ReDigi, Inc., No. 16‐2321 (2d Cir. Dec. 12, 2018): “ReDigi version 1.0’s process for enabling the resale of digital files thus inevitably involves the creation of new phonorecords by  reproduction, even if the standalone digital…

Best and Worst Internet Laws [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on February 15, 2007.] __ [Preface: I’ve already…

Real Estate Appraisals and Copyrighting Facts [Repost from Concurring Opinions’ Archive]

[In 2007, I guest-blogged at the group law professor blog Concurring Opinions. With the demise of that blog, I am now archiving my guest posts on my own blog. This post first appeared on January 28, 2007.] As reported by the Washington…

Screenshotting a Newspaper Page May Infringe a Licensed Photo--Hirsch v. Complex

Screenshotting a Newspaper Page May Infringe a Licensed Photo–Hirsch v. Complex

This is a copyright infringement lawsuit. Hirsch, a professional photographer, took a photo of Santino Boderick, who was an associate of a well-known hiphop artist, Bobby Shmurda. Hirsch licensed the photograph to the New York Post, where it appeared in…

Another Section 512(f) Case Fails–ISE v. Longarzo

This ruling doesn’t break a lot of new doctrinal ground. Another 512(f) case fails–nothing new. I’m blogging mostly for completeness and as a follow up to my May post remarking that a 512(f) case survived a motion to dismiss. At…

Fair Use for “Meme” Can’t Be Decided on Motion to Dismiss—Philpot v. Alternet Media (Guest Blog Post)

Fair Use for “Meme” Can’t Be Decided on Motion to Dismiss—Philpot v. Alternet Media (Guest Blog Post)

by guest blogger Stacey Lantagne Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to…

The EU Anti-Geoblocking Regulation Becomes Effective Today (Guest Blog Post)

by guest blogger Marketa Trimble On December 3, 2018, the European Union’s Anti-Geoblocking Regulation enters into force. Its effects should be confined to the European Union’s internal market, yet the Regulation will also affect U.S. businesses serving customers in the European…

512(h) Doesn’t Preempt Doe Unmasking Lawsuits–Strike 3 v. Doe

This is my second Strike 3 blog post this week. I imagine this won’t be the last. In this case, a Doe defendant sought to quash the unmasking subpoena submitted to his/her IAP. The defendant argued that the unmasking subpoena was…

512(f) Claim Over Counternotice Survives Motion to Dismiss–Handshoe v. Perret

[Oops, this post got stuck in my draft folder. Better late than never.] Whew, this case will never end. I’ve blogged it a few times over the years, including a ruling not that long ago. It’s showing up again on…

Court Blasts “Copyright Troll” for Treating Courts “as an ATM”–Strike 3 v. Doe

Strike 3 produces pornography. The court calls it a “copyright troll.” It has filed nearly 2,000 copyright infringement cases in the past 13 months. With that many cases, it’s bound to run into a skeptical judge, and whoa, did Judge…