Q2 2020 Quick Links (Everything)
Copyright * Sony Music Entertainment v. Cox Communications, Inc., 2020 WL 3121306 (E.D. Va. June 2, 2020). Each downloaded song file generally can support its own statutory damage, but “compilations” only get one statutory damages award, and no double-counting of…
Running Geotargeted Advertising Confers Personal Jurisdiction–UMG Recordings v. Kurbanov
The plaintiffs brought a copyright infringement lawsuit in the Eastern District of Virginia federal court. The defendants include FLVTO and 2conv, two Russian-based websites that enable users to engage in stream-ripping of YouTube videos and other sources (i.e., extracting the…
Fortnite Defeats Another Lawsuit Over Emote Dance Moves–Brantley v. Epic Games
This case involves the “Running Man” dance, a 2016 fad. (Note: the dance is not the same as the old-skool Running Man dance move, a 1980s classic that I’ve attempted on occasion). A viral video of people doing a “Running…
Fair Use Protects a Highly Cropped Photo–Harbus v. Manhattan Institute
Harbus is a photographer. He owns the copyright to a photo of Gov. Cuomo. The Manhattan Institute is a conservative think tank. One of their fellows published an article in the New York Post (you can see the full photo…
Another 512(f) Claim Fails–Ningbo Mizhihe v Doe
The plaintiff is a Chinese vendor that claims copyright in unicorn images (see depictions on the right). The defendants are also vendors using unicorn images. The plaintiff accuses the defendants of infringing the plaintiff’s copyrights. In support of that, the…
2H 2019 and Q1 2020 Quick Links, Part 1 (Copyright, E-Commerce, Advertising)
Copyright * In re DMCA Subpoena to Reddit, Inc., 2020 WL 999788 (N.D. Cal. March 2, 2020). Court quashes 512(h) subpoena because the underlying publications were protected by fair use. This is your reminder that 512(h) subpoenas routinely unmask individuals…
Another Terrible Copyright Ruling on IAPs’ Liability for Users’ File-Sharing–Warner v. Charter
This is a copyright infringement lawsuit against Charter, an Internet access provider, for users’ copyright infringements by file-sharing. I comprehensively blogged the magistrate report in this case back in October. In that blog post, I described the magistrate’s report as…
Instagram’s TOS Authorizes Third-Party Embedding of Photos–Sinclair v. Mashable
Sinclair is a professional photographer. Like many photographers, she posts photos to Instagram. Mashable wished to use a photo of Sinclair’s and asked for a license. Sinclair declined. Using Instagram’s API, Mashable then embedded the photo into its story. Sinclair…
U.S. Supreme Court Confirms that States Have Sovereign Immunity from Copyright Infringement Suits–Allen v. Cooper
by guest blogger Tyler Ochoa On March 23, the U.S. Supreme Court unanimously held in Allen v. Cooper, No. 18-877, that states have sovereign immunity from claims of copyright infringement, and that 17 U.S.C. § 511, which purports to waive…
Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. Epic Games
Pellegrino is a saxophone player with “externally rotatable feet,” which has helped him develop a nifty “signature” dance move while playing. The videogame Fortnite sells “emotes,” optional customizations for players’ digital avatars. Pellegrino alleges that the “Phone It In” emote…