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Ad Industry Enforcer Issues Reminder That Notice and Choice Are Musts for Companies Engaged in Interest-Based Advertising and...

The Online Interest-Based Advertising Accountability Program (Accountability Program), which enforces the advertising industry’s self-regulatory system administered by the Council of Better Business Bureaus, has published the...more

9/11 Photo Fair Use Case, North Jersey Media Group v. Fox News, Settles on First Day of Trial

Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by...more

Artist Richard Prince Sued for Use of Photo from Instagram

It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of...more

Bikram Yoga in the Hot Seat As Ninth Circuit Affirms Yoga Sequence Not Copyrightable

No matter how graceful the flow or beautiful the poses may be, the Federal Appeals Court for the Ninth Circuit held that Bikram Choudhury’s sequence known as Bikram Yoga – 26 poses performed in the same order over 90 minutes...more

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

Monday, the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital...more

Favoring a Holistic Approach, the Federal Circuit Overturns TTAB Decision to Refuse Paw Print Logo

Last week, the United States Court of Appeals for the Federal Circuit reviewed a TTAB decision that had refused outdoor apparel company Jack Wolfskin’s application to register its paw print logo. Jack Wolfskin Ausrustung fur...more

Yelp Denied Attempt to Keep Its Online Reviewers’ Identities Anonymous

In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely...more

GoldieBlox and the Three Beastie Boys

It was the ad video gone viral of three young girls proudly showing off their elaborate Rube Goldberg machine made of repurposed pink toys. They sang “it’s time to change, we deserve to see a range” and called for girls “to...more

Google Prevails in the Latest Chapter of the Google Books Litigation

On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books — the project through which Google provides access to...more

Supreme Court Declines Opportunity to Review Test for Copyright Fair Use

After the Second Circuit ruling in Cariou v. Prince, which we wrote about on this blog here, photographer Patrick Cariou felt that the decision was too subjective, calling it an “I know it when I see it” approach for...more

11/19/2013  /  Copyright , Fair Use , SCOTUS

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

The Lessons of the "Street View" Imbroglio: Know What Data You Collect and Don't Collect Data You Don't Need

The unintended capture of personal data by Google Street View has resulted in a German Data Commissioner imposing a $189,000 fine on Google this Monday. As anyone who has used Google Maps at the street view level knows,...more

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

FTC Final Order Prohibits Epic Marketplace From "History Sniffing"

The FTC recently approved a final order settling charges against Epic Marketplace, Inc. (“Epic”), a wholly-owned subsidiary of Epic Media Group, LLC. This action against Epic is another step in the FTC’s continuing efforts to...more

FTC Settlement Restricts Use of Web Tracking Technology

On February 20th, after a period for public comment, the FTC approved a final order settling charges against Compete, Inc., a market research company that collects online data for the purpose of developing and selling reports...more

Google Search and Free Speech

On Thursday, the Federal Trade Commission announced that, after its inquiry of almost two-years, it is ending its antitrust investigation into Google. It finds that Google has not violated antitrust laws in its ordering of...more

1/8/2013  /  Commercial Speech , Free Speech , FTC , Google

Leveson on Data Protection in the UK: What Do Allegations of Phone Hacking Have to Do With Data Protection?

The much-anticipated Leveson Inquiry on the Culture, Practices and Ethics of the Press (“Leveson Report” or “Report”) was released on November 29, 2012. The inquiry leading to the Report was initiated as a response to ongoing...more

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