![Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift--Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]](https://blog.ericgoldman.org/wp-content/uploads/2019/08/512f-tombstone-150x150.jpg)
Claim Over Takedown Notice Triggers Anti-SLAPP Law & a Fee Shift–Complex v. X17 [EDITED TO CORRECT A MAJOR ERROR]
*** CRITICAL UPDATE*** Ugh, I’m embarrassed to admit that I made a serious error in reading the opinion. I cannot edit the post to correct the error. The mistake infects the entire post and the main point. I’m leaving up…
1H 2019 Quick Links, Part 1 (Copyright & More)
Copyright * Long v. Dorset, 2019 WL 861424 (N.D. Cal. Feb. 22, 2019). Dorset allegedly locked Long out of his Facebook page. Access was restored in 5 business days. The court says that’s expeditious enough for DMCA notice-and-takedown purposes: Plaintiff’s…
![[Statute of] Queen Anne’s Revenge? Supreme Court Grants Certiorari in Allen v. Cooper](https://blog.ericgoldman.org/wp-content/uploads/2019/06/Queen_Annes_Revenge-150x150.jpg)
[Statute of] Queen Anne’s Revenge? Supreme Court Grants Certiorari in Allen v. Cooper
By guest blogger Tyler Ochoa If your literary or artistic work is copied by a state government or state officials, can you sue those defendants for copyright infringement? Section 511 of the Copyright Act says that you can, but conventional…
HuffPost Gets 512(c) Defense for Contributor-Uploaded Photo–Downs v. Oath
A Huffington Post contributor, Kim, uploaded a post with a photo. The day after Kim posted, HuffPost’s editor, Cohn, reviewed the post for offensive or unlawful content, added content tags, and linked to a related video; but Cohn didn’t modify…
A Fight for Authorship and Ownership of 150+ Quilt Patterns, and Bad Business Planning (Guest Blog Post)
by guest blogger Elizabeth Townsend Gard, Professor of Law (Tulane Law School); Lepage Faculty Fellow (A.B. Freeman School of Business); and host, Just Wanna Quilt podcast Quilts are a little bit in the (copyright) news. What is a quilt? There are three parts…
Second Circuit Judges Brawl Over the Meaning of “Volition” in Copyright Cases–BWP v. Polyvore
This is an appeal of a summary judgment ruling in favor of Polyvore, an image clipping and sharing site, also known as a “mood board” app. (The site itself was acquired and, as the court notes, is now shut down.)…
Photographer Sues for Failure to Provide Creative Commons-Required Attribution–Philpot v. WOS
“Philpot has been a professional photographer, in his view, since 2008.” (“in his view” = ouch). He has not found financial success. For example, “he once earned $0.88 for an image of Prince that he took at a concert he…
Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment
The plaintiff is a retailer of “motor vehicle accessories.” The defendant manufactures towing supplies and has previously distributed its goods to the plaintiff. The plaintiff created product shots and obtained copyright registrations for some of them. On the right is…
Recap of the Copyright Office’s Section 512 Study Roundtable
On Monday, I participated in a Copyright Office roundtable regarding their long-delayed report on Section 512. The roundtable was intended to update the study’s record from 2017, when progress stalled on the report. Thus, the topic nominally was to discuss…
How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well)
On Monday, I’m participating in a Copyright Office workshop on Section 512. The workshop supports the Copyright Office’s long-pending Section 512 report, which started in 2015 but stalled out in 2017. To freshen up the project, the workshop will cover…