When is it Fair Use to Use a Photo to “Illustrate” an Article?

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web…

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

By Guest Blogger Tyler Ochoa Last week, the U.S. Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2), which grants “exclusive ownership” of a sound recording fixed before February 15, 1972, to its “author,” provides…

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. Nicklen “urged his social media followers…

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Goodman made and posted a YouTube video called the “Crony Awards,” bestowing honors on countries that downplayed the COVID-19 virus. Because the court says Goodman’s company “traffics in wild conspiracy theories,” it’s likely the video actually celebrates countries for COVID…

A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook]

A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook]

[The 2021 edition of my Internet Law casebook is coming soon. This excerpt is a new note on the CCB. TL;DR: I’m not a fan.] Before mid-2022, the Copyright Office will deploy a new adjudicatory function called the Copyright Claims…

Should We Adopt a Notice-and-Takedown Scheme for Deepfakes and Other Inauthentic Media?

Prof. Christa Laser (Cleveland-Marshall) and I engaged in a point/counterpoint about legal mechanisms to address inauthentic recordings and photos, including AI-assisted forged videos (a/k/a “deepfakes”). She argued for a notice-and-takedown scheme in some circumstances, including those creating fake pornographic images….

1H 2021 Quick Links, Part 1 (IP)

Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021):  “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as…

RedBubble Gets Another Favorable Ruling--YZ Productions v. RedBubble

RedBubble Gets Another Favorable Ruling–YZ Productions v. RedBubble

Rebecca Zamolo appears to be a YouTuber/influencer who merchandises her brand in multiple ways. She claims that RedBubble users are infringing her IP and counterfeiting her offerings. The complaint includes many images showing the alleged infringements, such as: The court…

State Government’s Alleged Copyright Infringement Wasn’t a “Taking”–Jim Olive v. University of Houston (Guest Blog Post)

by guest blogger Tyler Ochoa Last week, the Texas Supreme Court held that “the violation of a copyright, without more, is not a taking of the copyright,” and affirmed the dismissal of Olive’s inverse condemnation claim. UH allegedly downloaded Olive’s…

What Are 'Red Flags of Infringement'? ¯\_(ツ)_/¯ -- Capitol v. Vimeo

What Are ‘Red Flags of Infringement’? ¯\_(ツ)_/¯ — Capitol v. Vimeo

Do you remember this case? It was filed in 2009, back when MySpace was still bigger than Facebook. The copyright owners never sent Vimeo any takedown notices over the videos in question, but they still sued Vimeo for hosting them….