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Can you Repeat the Question? Supreme Court Hears Oral Argument on the Scope of Damages in Copyright Infringement

​​​​​​​The Supreme Court heard oral argument in February in Warner Chappell Music, Inc. v. Nealy, a case that promised to resolve a split among the U.S. Courts of Appeal relating to the scope of damages available to copyright...more

Take Two: Photographer’s Copyright Suit Over Embedded Instagram Post is Revived

We recently blogged about an April 2020 decision of the federal court for the Southern District of New York, which dismissed a copyright infringement suit brought by Stephanie Sinclair, a Pulitzer-Prize winning...more

#igers Beware – Embedded Instagram Post Found Not To Infringe Copyright

A recent decision of the Southern District of New York shields digital publishers from copyright infringement when embedding public Instagram posts in news pieces posted online. In the case, Stephanie Sinclair, a...more

A Man Walks into a Bar...And Fair Use Is Found

It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more

Third Circuit Analyzes Work for Hire and Assignment Requirements and Explains Why the Distinction Matters

When a judicial opinion refers to a “bitter feud”, a plaintiff “beset by acrimony”, and a “rock star” banker who “faced his peripeteia” (we looked it up for you - it’s Greek for “reversal of fortune”), you know there’s gotta...more

Aereo’s Antenna Arrays and Streaming of Broadcast Programming to Individual Subscribers Found Infringing

In a significant victory for the broadcast industry, the Supreme Court has held in a 6-3 decision that Aereo’s TV streaming service is a public performance within the meaning of the Copyright Act. Aereo operates massive...more

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