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…
eBay Must Disclose User Identities In Response To 512(h) Subpoenas
Barry Rosen is a photographer (especially of dogs) and repeat copyright enforcer (see, e.g., our previous coverage of his litigation here and here). His lawsuit against eBay produced an interesting 512 safe harbor ruling earlier this year. Meanwhile, eBay and…
A Fishy Jurisdiction Ruling Involving Mobile Apps–Tomelleri v. MEDL
For those of you who teach the Zatarain’s v. Oak Grove Smokehouse trademark case, you know how much I wanted to stock this blog post with fish puns. Joseph Tomelleri draws fishes, and he sells his illustrations via his website…
California’s Resale Royalty Statute Violates the Dormant Commerce Clause—In Part (Guest Blog Post)
By guest blogger Tyler Ochoa On Tuesday, May 5, an eleven-judge en banc panel of the Ninth Circuit held that California’s Resale Royalty Statute, Civil Code § 986, could not Constitutionally be applied to sales of works of art that…
Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)
Copyright * Comments on Blurrred Lines jury verdict. NY Times. Raustiala & Sprigman. The defense attorney. Tim Wu. Eriq Gardner. Wendy Gordon. Judith Finell musicologist’s expert report. NY Times: “Owing to the specifics of copyright law, the jury was instructed to base…
More Section 230 Cases Than I Can Handle!
My cup runneth over with Section 230 cases! This long blog post catches up on a few from the past couple months. Warning: there are some stinkers in this batch. Google, Inc. v. Hood, 2015 WL 1546160 (S.D. Miss. March…
What Bothers Brussels: Geoblocking on the Front Burner of the EU Commission (Guest Blog Post)
By guest blogger Marketa Trimble In 2012, when my article on the legal implications of the evasion of geolocation was published, the topic concerned an obscure problem that was of interest to few internet users – not many people were…