IP Address Subscriber Isn’t Liable for Copyright Infringement by Users Sharing That IP Address–Cobbler v. Gonzales

Plaintiff owns copyrights to “The Cobbler” movie and is trying to enforce its rights via litigation in courts around the country. Eric previously blogged about another The Cobbler enforcement suit that didn’t turn out well for the plaintiff. In this…

GoDaddy & Instagram Avoid Liability for Users' Photos of Knockoff Goods--Franklin v. X Gear 101

GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101

The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo:   I’ll focus on the court’s treatment of plaintiffs’ claims against GoDaddy and Instagram….

Trolling the Internet for Photos Creates Copyright Headaches for Ad Agency (and the Advertiser)--Laspata v. Rimowa

Trolling the Internet for Photos Creates Copyright Headaches for Ad Agency (and the Advertiser)–Laspata v. Rimowa

Laspata is “a boutique creative marketing agency” that charges a lot of money. For its client, Laspata created a 1920s-themed “lookbook” called “Speechless” that riffed on the Academy Award-winning movie The Artist. Rimowa makes luggage priced above my budget. Meire…

Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for closer review or possible posting over the past 18 months…

Q2 2018 Quick Links, Part 2 (Copyright)

* Naruto v. Slater (9th Circuit April 23, 2018). The monkey selfie case ends (for now?) with a whimper. The monkey has constitutional standing (per a misguided 9th Circuit precedent that should be overturned) but Naruto as a monkey lacks…

Who Needs a Copyright Small Claims Court? Evidence from the U.K.’s IP Enterprise Court (Guest Blog Post)

by guest bloggers Christian Helmers, Yassine Lefouili, Brian J. Love & Luke McDonagh Amidst recent excitement surrounding the Music Modernization Act (which passed the House last month) and the CLASSICS Act (the subject of Senate Judiciary hearings last week), it would…

Redfin Must Defend Copyright Suit Over Property Photos--Stross v. Redfin

Redfin Must Defend Copyright Suit Over Property Photos–Stross v. Redfin

Stross is a photographer who licenses his photographs to real estate agents. He licensed the photos through ACTRIS, a multiple listing service that compiles listings into a database for use by brokers and realtors. ACTRIS users who upload their photos…

Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit--Ventura v. Motherless (Catch-Up Post)

Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)

Motherless runs a UGC site for adult content. None of its content is licensed from content producers. It is primarily ad-supported (85%), with the remaining revenues coming from subscriptions (but only 0.2% of active users are subscribers) and sales of schwag. For a…

A DMCA Section 512(f) Case Survives Dismissal--ISE v. Longarzo (Catch-up Post)

A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)

I’m blogging this case now, even though it came out a few months ago, because we see so few 512(f) cases that make any progress at all. At its core, the litigants dispute ownership over a TV show, “The Weekend…

Recapping a Year’s Worth of Section 230 Cases That Got Stuck in My Blogging Queue

[Though most of these rulings are defense-favorable, Congress recently eviscerated Section 230 and isn’t done ruining its greatest online policy masterpiece] Twitter Defeats Defamation Claim As part of a custody dispute, a former spouse allegedly disparaged the other spouse in…