Everything You Wanted to Know About Emojis and the Law

Everything You Wanted to Know About Emojis and the Law

For the past couple of years, I have invested significantly in all things emojis. This post rounds up everything I’ve done during that period. 1) Emojis and the Law Article I’m pleased to announce the final version of my paper,…

Swedish Court Misunderstands Memes (Guest Blog Post)

Swedish Court Misunderstands Memes (Guest Blog Post)

by guest blogger Stacey Lantagne Memes are everywhere. Part of the essential communicative fabric of social media, it’s hard to imagine Twitter or Instagram or even texting without them. They get used to react to matters of national debate, sports…

Copyright Office Won't Register 'Middle-Finger Pictogram' As Literary Work--Ashton v. Copyright Office

Copyright Office Won’t Register ‘Middle-Finger Pictogram’ As Literary Work–Ashton v. Copyright Office

Ashton created a coffee mug displaying the words “People Pleaser in Recovery” on the outside, the word “Refill” on the inside bottom, and a single-fingered salute on the outside bottom: Ashton applied for copyright registrations for 2D artwork and a…

Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement--BMG v. Cox

Cox Loses DMCA Safe Harbor but Gets a New Trial on Contributory Infringement–BMG v. Cox

BMG sued Cox for the alleged copyright infringement of its users. The court described Cox’s “graduated” policy for terminating subscribers: The first notice alleging a subscriber’s infringement produces no action from Cox. The second through seventh notices result in warning emails…

Displaying Emoji Evidence in Judicial Opinions

This is another outtake from my Emojis and the Law paper. I’m nearly done with a massive rewrite of the paper, and this passage appears destined for the cutting-room floor. So I’m sharing it here: ___ Judicial opinions rarely provide…

Appropriation Artist Can't Win Fair Use Defense on Motion to Dismiss--Graham v. Prince

Appropriation Artist Can’t Win Fair Use Defense on Motion to Dismiss–Graham v. Prince

This is a lawsuit by plaintiff Donald Graham against well-known “appropriation artist” Richard Prince and his gallery for copyright infringement. As described by the court: Prince’s [work] is [an . . . ] inkjet print of a screenshot taken by…

Frequency of Courts' References to Emojis and Emoticons Over Time

Frequency of Courts’ References to Emojis and Emoticons Over Time

[This is another excerpt from my Emojis and the Law paper.] In preparing the article, I gathered a dataset of all cases I could find in Westlaw and Lexis containing the word “emoticon” or “emoji.” This dataset is subject to…

Trademark Registrations for Emojis

Trademark Registrations for Emojis

[This is another excerpt from my Emojis and the Law paper.] The Trademark Office has registered emoji trademarks. On January 20, 2017, I conducted a search in the TESS database for “emoji” and identified 385 records. At that time, most…

Copyright Registrations for Emoticons and Emojis

Copyright Registrations for Emoticons and Emojis

[This is the first of a series of excerpts from my Emojis and the Law paper. Note that I’ve created a new blog category for “Emojis”–the first new category in years!] In my Emojis and the Law paper, I analyzed…

How a Chipmunk Emoji Cost an Israeli Texter $2,200

How a Chipmunk Emoji Cost an Israeli Texter $2,200

by Gabriella Ziccarelli and Eric Goldman [Eric’s introduction: Gabriella is a star SCU Law alum and an associate at Blank Rome in DC. She is also a former Internet Law student of mine. As a teacher, it’s gratifying to have a former student…