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….

Depiction of Michigan as Hands Doesn't Preclude Similar Depictions--High Five v. MFB

Depiction of Michigan as Hands Doesn’t Preclude Similar Depictions–High Five v. MFB

High Five Threads sells t-shirts and tchotchkes. It claims copyright and trademark protection for a depiction of upper and lower Michigan as two hands (left-most image below). People routinely depict lower Michigan as a hand, and apparently others envision the…

Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account--Long v. Dorset

Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account–Long v. Dorset

Long is a book author. He ran a Facebook business page to promote his work. An interloper, using the alias “Tammy Dorset,” gained administrator access to the Facebook page. Once in control of the page, Dorset allegedly posted items that…

Broadcaster Fails to Enjoin YouTube–Kifle v. YouTube

Kifle operates a broadcast channel called Mejera, which apparently caters to the Ethiopian community. He has a YouTube channel that simultaneously rebroadcasts the programs. The YouTube channel had 2,500 videos and 200k+ subscribers, but YouTube abruptly terminated it. It appears…