512(f) Claim Against Robo-Notice Sender Can Proceed–Enttech v. Okularity
Okularity “represents” several photography clearinghouses. This means that Okularity’s robots scour the Internet looking for clearinghouse photos and then send automated takedown notices for alleged infringements. “Okularity waits until the notices accumulate to the point when a social media platform…
Who Owns Vacation Photos of You? Probably Not You–Hubay v. Mendez
A perennial copyright law professor hypothetical: who own the copyright to a person’s vacation photos? Obviously the vacationer owns the photos they take, including any selfies. But if you hand over the camera to a stranger/passerby, who owns that photo?…
Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯
This is one of several cases where major copyright owners are trying to punish Internet access providers (IAPs) for alleged infringements by their subscribers. Earlier this year, the court refused to dismiss the lawsuit in an opinion I described as…
A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v. Du
[VOTE EARLY AND IN-PERSON OR VIA OFFICIAL DROPOFF BOXES. DON’T RELY ON THE USPS TO DELIVER THE MAIL ON TIME!] The plaintiff sells “Pop N Go” playpens. Allegedly, up to 98% of the plaintiff’s revenues come from Facebook and Instagram….
We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos
I blogged earlier this summer about McGucken v. Newsweek, a case that involved a media defendant who was sued by a photographer because it embedded (and displayed) photos in an online article. Newsweek asked the court to reconsider its ruling…
Another Tough Ruling for Print-on-Demand Vendors–Sid Avery v. Pixels
Sid Avery photographed celebrities in the 1950s-1970s. At issue are six of his photos, all governed by the 1909 Copyright Act. Pixels[.]com is a print-on-demand vendor. Like Redbubble, it functions primarily as a marketing front-end; it outsources all manufacturing to…
512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America
[Remember that our country is facing multiple existential threats. PLEASE VOTE.] This case involves two “heavy metal” bands, “We Are the End” and “Rings of Saturn” (the Spotify bio describes Rings of Saturn as “a progressive, technical deathcore outfit”). I…
Copyright Owner Claims Ownership Over Depicting Emoji Symbols in Multiple Colors–Cub Club v. Apple
[Reminder: our country is falling apart. Focus on that until the election, then revisit this post.] My Emojis and the Law paper argued that: (1) the diversity of emoji depictions (sometimes called fragmentation) creates potential misunderstandings that cause a host…
Depicting Randy Orton’s Tattoos in a Video Game Could Be Copyright Infringement–Alexander v. WWE 2K
[To be honest, I’m struggling to blog new IP law developments during a time when we may be witnessing the last days of the American republic. Candidly, I’m hoping you won’t distract yourself from the urgent existential threats our country…
A Closer Look at a Troubling Anti-Scraping Ruling from Spring–Compulife Software v. Newman (Guest Blog Post)
by guest blogger Kieran McCarthy Compulife Software, Inc. v. Newman is the first circuit court case in more than half a decade to expand liability for web scrapers under state and federal law. The two most recent circuit court opinions…