Chain of Title Proves Fatal to “Happy Birthday” Copyright Claim (Guest Blog Post)
By Guest Blogger Tyler Ochoa “Happy Birthday” has been described as “The World’s Most Popular Song.” It is sung almost every time that people gather to celebrate a birthday. The “almost” in the previous sentence acknowledges that many restaurants direct…
You Can’t Buy A Copyright Just To Bury It–Katz v. Chevaldina (Forbes Cross-Post)
In the United States, copyright law principally serves as an economic policy by protecting creators’ ability to recoup the investments they make in generating new works that have value to society. As a result, copyright law gets weird when it’s…
9th Circuit Sides With Fair Use in Dancing Baby Takedown Case
The 9th Circuit was shockingly quick in issuing its opinion in the “dancing baby” case. The key holdings in Lenz: a person sending a takedown request under section 512(c) must consider fair use fair use is either not an affirmative…
Big Fee Shift in Unsuccessful Copyright Lawsuit To Suppress Unflattering Photo–Katz v. Chevaldina
This is the latest update in the long-running case involving a real estate mogul, Raanan Katz, who didn’t like a photo taken of him in public. Katz bought the copyright to the photo and then sued a blogger for republishing…
Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google
The wheels of justice move slowly. To wit, the main Authors Guild vs. Google Books litigation has been percolating in the courts for almost a decade (September 20 is the 10 year anniversary–how do you plan to celebrate?!). Despite the…
City Can’t Use Copyright To Censor Critical Videos–Inglewood v. Teixeira
Joseph Teixeira lives in Inglewood, California, and he’s not a fan of Inglewood Mayor James T. Butts, Jr. (In a sign of remarkable judicial restraint, the judge doesn’t crack a single “butt” joke or pun). Teixeira blogs his objections about…
Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership
When is it appropriate to send copyright takedown notices in the midst of an underlying battle over who owns the copyright? This issue is coming up with increasing frequency, as takedown notices can create more battlefronts for the parties to…
Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)
Animal-shaped pillows are cute and fluffy, except when they spur litigation. Recently, the Milo & Gabby brand sued Amazon for IP infringement because merchants allegedly sold knockoffs of its “Cozy Companion Pillowcases.” Amazon has successfully avoided IP liability for its…
DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites
I previously blogged this case, so see my earlier post for background. This week’s ruling focuses purely on the 512(c) safe harbor’s requirement that online services designate an agent for service of notice with the Copyright Office. Defendant #1 can…
Q2 2015 Quick Links, Part 1 (IP, Marketing and More)
Copyright * The dominant media storyline about the Mayweather-Pacquiao boxing match was the fight’s widespread illicit availability on the livestreaming apps Periscope and Meerkat. But this should have been the dominant storyline instead: An estimated 4.4 million viewers paid a…