Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display…

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want…

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

By Guest Blogger Tyler Ochoa [Eric’s note: Prof. Ochoa calls this a “preliminary” analysis, but that doesn’t mean it’s short!] Two weeks ago, former President Donald Trump filed a lawsuit…

The Ninth Circuit Reaffirms the Discovery Rule for the Copyright Act’s Statute of Limitations — Starz v. MGM (Guest Blog Post)

By Guest Blogger Tyler Ochoa Eleven days ago, the Ninth Circuit reaffirmed that: (1) the discovery rule of accrual applies to the Copyright Act’s three-year statute of limitations; and (2)…

26 Trademark Academics Oppose the SHOP SAFE Act

…Timothy Murphy, University of Idaho College of Law Prof. Tyler Ochoa, Santa Clara University School of Law Prof. Lisa Ramsey, University of San Diego School of Law Prof. Betsy Rosenblatt,…

U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

By Guest Blogger Tyler Ochoa On February 24, the U.S. Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the…

A Seismic Ruling Undone: California’s Sound Recording Copyright Statute Does Not Include Public Performance Rights—Flo & Eddie v. Sirius XM (Guest Blog Post)

By Guest Blogger Tyler Ochoa Last week, the U.S. Court of Appeals for the Ninth Circuit held that California Civil Code section 980(a)(2), which grants “exclusive ownership” of a sound…

State Government’s Alleged Copyright Infringement Wasn’t a “Taking”–Jim Olive v. University of Houston (Guest Blog Post)

by guest blogger Tyler Ochoa Last week, the Texas Supreme Court held that “the violation of a copyright, without more, is not a taking of the copyright,” and affirmed the…

New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 2 (Guest Blog Post)

by guest blogger Tyler Ochoa On May 29, 2021, New York’s new post-mortem right of publicity law came into effect. The law is codified at N.Y. Civil Rights Law §…

New York’s New Post-Mortem Right of Publicity Law Comes Into Effect, Part 1 (Guest Blog Post)

by guest blogger Tyler Ochoa On May 29, 2021, New York’s new post-mortem right of publicity law came into effect. The law is codified at N.Y. Civil Rights Law §…