David Kluft

David Kluft

Foley Hoag LLP

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Can Private Photos Be Used In Political Ads Without Permission? Colorado Court Rejects Gay Couple’s Misappropriation Claim;...

When we upload family pictures to the internet, we understand that, in theory, anyone in the world might download them and use them for some nefarious purpose. However, we usually take comfort in the fact that most of us...more

4/8/2014 - Advertising Copyright Misappropriation Right of Publicity

Highlights of Digital Millennium Copyright Act Congressional Hearings

On March 13, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings regarding the copyright infringement notice...more

4/4/2014 - Copyright Copyright Infringement DMCA Takedown Notices

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims...

Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims of All Time”? In April 2012, we reported on four copyright lawsuits filed by the American...more

3/31/2014 - Copyright Copyright Infringement Infringement Prior Art

Copyright Office to Study Music Licensing

The United States Copyright Office has announced the initiation of a study of the effectiveness of existing methods of music licensing. Three types of licenses were mentioned in the announcement: (1) compulsory licenses for...more

3/28/2014 - Copyright Copyright Office Licenses Licensing Rules Music

District Court Allows Claims to Proceed Against Ripoffreport.com For Copyright Infringement And “Unfair or Deceptive” Acts In...

We previously reported on the unique cyber dilemma faced by Richard Goren, a Massachusetts attorney. Back in 2012, a disgruntled former client of Goren’s logged onto the consumer review site, and posted an outlandish – and...more

3/26/2014 - Copyright Copyright Infringement Online Reviews

CafePress Tchotchkes May Not Get Digital Millennium Copyright Act Protection

For those of us who like customized tchotchkes, CafePress is a marvel. You can take any photo or message you like, use the CafePress website to electronically slap it on a t-shirt (or keychain, iPhone case, etc.), and then...more

3/24/2014 - CafePress Copyright DMCA

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

3/18/2014 - Antitrust Litigation ASCAP Copyright Royalties SESAC Television Programming

Are You There, Copyright Office? It’s Me, First Circuit! Can Composers Deposit Infringing Musical Works In Place of The Original?

Copyright law usually has little patience for plaintiffs who don’t have a copy of their original work to deposit with the Copyright Office. For example, in Seiler v. Lucasfilm, a plaintiff who claimed to have created the...more

3/12/2014 - Copyright Copyright Infringement Copyright Office Football Music

Fox News Reports Copyright “Attack on Christians” – The Fair and Balanced Use Defense

Fox news recently reported on a dispute between Gulfport, Mississippi resident Kelly Taylor and her local Walgreens pharmacy. Ms. Taylor, using Walgreens’ online photo service, attempted to print out a few pages of the Bible...more

3/10/2014 - Copyright Copyright Infringement Fair Use Fox Television Stations Religious Discrimination Walgreens

“Munger Games” Political Copyright Case Fails to Survive Summary Judgment on Fair Use

On February 26, 2014, the Northern District of California issued its opinion in Dhillon v. Does 1-10. Judge Susan Illston held that the use of a political campaign photograph by one’s political enemies is fair use....more

3/10/2014 - Copyright Copyright Infringement Fair Use

Nine Thoughts On The Ninth Circuit’s “Innocence of Muslims” Copyright Decision

By now, you’ve probably heard the agonized shrieks of your friendly neighborhood copyright lawyer, decrying the Ninth Circuit’s opinion Garcia v. Google. If you haven’t had the time or inclination to read the opinion, here is...more

3/3/2014 - Copyright Google Independent Films YouTube

“Please Sir, I Want Some More” Rules: U.S. Copyright Office Considers “Orphan” Works Legislation

The U.S. Copyright Office has called for public comment on potential legislative solutions to the problem of orphan works under U.S. Copyright law....more

2/19/2014 - Copyright Copyright Office Orphan Works

A Presidents Day Copyright Story: George Washington And The “First” Fair Use Case

George Washington is responsible for a lot of “firsts.” For example, he was the first President, the first Commander-in-Chief of the Continental Army and the first guy to have the George Washington bridge named after him. But...more

2/17/2014 - Copyright Fair Use

Fixation by Legal Fiction: Did the Second Circuit’s Fair Use Ruling For Bloomberg Leave Open A Pandora’s Box for Copyright Law?

Swatch imageAbout ten years ago, I saw an attorney argue a hopeless criminal appeal. He began his remarks with: “Your Honors, I know I’m going to lose this case, but how I lose it is very important.”...more

2/4/2014 - Bloomberg Inc. Copyright Copyright Infringement

Delaying Bull: The Supreme Court Hears The Raging Bull Copyright Laches Case

On January 21, 2014, oral arguments were held in the Supreme Court case of Petrella v. Metro-Goldwyn-Mayer, Inc., which concerned the copyright to the story underlying the film Raging Bull. We previously discussed this case...more

1/29/2014 - Copyright Copyright Infringement Laches MGM Petrella v. MGM SCOTUS

A Tough Assignment: The Use of Copyright Law to Squelch, and Preserve, Negative Online Reviews of Doctors and Lawyers

There are few things more terrifying to a doctor, lawyer or other professional than a bad online review. Online reviews are frequently uncivil, often indelible and in some cases outright false. Meanwhile, Section 230 of the...more

1/16/2014 - Communications Decency Act Copyright Defamation Internet Online Reviews Websites

WordPress Brings Copyright Claims on Behalf of Bloggers for DMCA Misrepresentation

A few months ago, we reported on the disabled blog of Oliver Hotham, a student in the UK whose reporting on an anti-gay rights group was censored by what appeared to be a politically-motivated takedown notice issued by that...more

11/25/2013 - Blogging Platforms Blogs Copyright Copyright Infringement DMCA Misrepresentation

Lies and the Lying Liars who Register Copyrights: Seventh Circuit Provides Guidance on “Curious” Copyright Invalidation Procedure

According to the Seventh Circuit in Delivermed Holdings LLC v. Schaltenbrand, plaintiff Mark Swift lied to the Copyright Office, rerouted customer calls to his cell phone in order to sabotage his business partners, exploited...more

11/1/2013 - Copyright Fraud Registration

Copyright Office Recommends New Administrative Tribunal for Small Claims

Enforcing copyrights in the Federal Courts can be both expensive and complicated, so much so that many feel copyright law Is virtually unenforceable except by large corporations. Filing a copyright claim for anything under...more

10/22/2013 - Copyright Copyright Infringement Copyright Office Federal Arbitration Act

Imagine There’s No Safe Harbor: Does the DMCA Apply to pre-1972 Sound Recordings?

Vimeo, the online video service, is seeking leave to appeal to the Second Circuit on the issue of whether sound recordings made prior to 1972 are covered by the safe harbor provisions of the Digital Millennium Copyright Act...more

10/15/2013 - Copyright Copyright Infringement DMCA Immunity Internet Service Providers ISPs Online Videos Safe Harbors User-Generated Content Vimeo

Rolling with the Punches: A Blow-by-Blow Account of the Supreme Court’s Copyright Laches Case

At some point, a legal claim is just so old and stale that it’s unfair to allow the plaintiff to bring it. The statute of limitations and the doctrine of laches are two different solutions to this same problem. The former...more

10/8/2013 - Copyright Infringement Laches Movies SCOTUS Statute of Limitations

Madden Football Copyright Verdict Under Booth Review

Electronic Arts, Inc. (“EA”), owner of the $4 billion John Madden Football videogame franchise, thought it had a pretty good defense when Robin Antonick filed suit in the Federal Court for the Northern District of California,...more

9/26/2013 - Copyright Electronic Arts Expert Testimony Football Infringement Software Source Code Video Games

District Court Adopts Subjective Test For Digital Millenium Copyright Act Takedown Notices

We’ve previously written about Tuteur v. Crossley Corcoran, the Digitus Impudicus copyright case in the District of Massachusetts. The facts can be summarized as follows: Blogger A posted a photo of herself giving Blogger B...more

9/12/2013 - Blogs Copyright Copyright Infringement DMCA Takedown Notices

Lawrence Lessig Files Copyright Suit Over “Bad Faith” DMCA Takedown Notice

The District of Massachusetts may be becoming a center for takedown notice jurisprudence. As we have previously reported, pending before the court is the matter of Tuteur v. Crosley-Corcoran, the outcome of which may...more

8/28/2013 - Bad Faith Copyright DMCA

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a mechanism for copyright owners to demand that Internet Service Providers...more

8/15/2013 - Blogs Copyright DMCA First Amendment Free Speech Internet ISPs Students

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