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Keeping “Fair Use” Fair: SCOTUS Says First Fair Use Factor Should Be Interpreted Narrowly to Protect Copyright Holders

The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more

A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic...more

No Vicarious Liability Absent Financial Benefit, Even in Context of Contributory Infringement

The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more

Ninth Circuit to PETA: Stop Monkeying Around with Copyright Claims

The US Court of Appeals for the Ninth Circuit issued a decision in the so-called “Monkey Selfies” case affirming the district court’s dismissal of claims brought by Naruto, a crested macaque, holding that the animal lacked...more

Standing to Sue for Copyright Infringement: No Bright Line Rule for Stock Photo Agencies

Affirming a grant of summary judgment in favor of copyright defendants, the US Court of Appeals for the Ninth Circuit took up the “often litigated issue” of whether a stock photography agency has standing under the Copyright...more

Time to Zoom In on Application of DMCA Safe Harbor Defense

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a deeper look at the degree to which the common law of agency affects a safe...more

Ninth Circuit Provides a Second Look at Willful Copyright Infringement **WEB ONLY**

In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more

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