Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
By Guest Blogger Tyler Ochoa Four years ago, NFTs were the hottest collectibles on the market and were being touted as the NBT (Next Big Thing). People were paying tens…
Trump Lost the Trump Tapes Ruling, But Could He Still Prevail? (Guest Blog Post)
…complaint stand a chance? This question is why I’ve accepted Eric’s gracious invitation to chime in on a case that Tyler Ochoa has already expertly covered twice on this blog…
Trump’s Lawsuit Over The Trump Tapes is Dismissed (Trump v. Simon & Schuster) — Guest Blog Post
By Guest Blogger Tyler Ochoa [UPDATE: for bonus coverage, see Prof. McFarlin’s supplement to this post.] Last week, a federal judge in New York dismissed a lawsuit filed two-and-a-half years…
Rounding Up Some Recent Copyright Decisions
…the right and ability to control, nor does its role in screening content as it was listed. [NOTE: With thanks to my colleague Tyler Ochoa, I took out some of…
Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)
…Dan Nabel Prof. Tyler Ochoa (Santa Clara Law) John Ottaviani Dr. Matthias Pendl (Max Planck) Prof. Aaron Perzanowski (Michigan Law) Bilyana Petkova Riana Pfefferkorn Prof. Lisa Ramsey (USD Law) Prof….
A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September…
Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)
By Guest Blogger Tyler Ochoa Last week, the U.S. Supreme Court held 6-3 that assuming a copyright infringement claim is timely under the discovery rule of accrual, meaning that it…
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…