Travis Crabtree

Travis Crabtree

Gray Reed & McGraw, P.C.

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Latest Posts › Copyright


Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

Monday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v....more

9/16/2015 - Copyright Copyright Infringement Copyright Litigation Digital Media DMCA Fair Use Music Industry Online Videos Popular Takedown Notices Universal YouTube

Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School. I can’t remember if we won second or third place —...more

6/11/2015 - Copyright Fair Use Film Industry Heirs Public Domain Scripts The Copyright Act

Getting Pictures Off the Internet – Not Easy To Do

I love college basketball.  Given that my Missouri Tigers haven’t given me much to talk about, I thought we could discuss the efforts by this upset Duke fan to have her image removed from the Internet captured during the...more

1/15/2015 - Copyright DMCA Invasion of Privacy Photographs Social Media Social Networks Twitter Websites

5 Most Popular eMediaLaw Posts of 2014

This was one of the more interesting stories of the year – does the photographer who set up everything to allow for a monkey to take a selfie own the copyright to that selfie?  This year we learned that no, the photographer...more

12/31/2014 - Contests & Promotions Copyright Defamation FTC Photographs Social Media Unpaid Interns

Using Images Without Permission is No Monkey Business

Who owns the rights to a selfie taken by a monkey? While it sounds like a law school exam, it is based on a real story as reported here by the American Bar Association. According to the article, a monkey picked up the...more

8/12/2014 - Copyright Photographs Popular Wikimedia

Supreme Court determines Aereo violates copyright – back to the drawing board

This morning, the U.S. Supreme Court ruled in a 6-3 decision that Aereo violates copyright law by retransmitting over-the-air programming without authorization. This will shut down the controversial start-up or force them...more

6/26/2014 - Aereo Broadcasting Copyright Copyright Infringement Internet Streaming SCOTUS The Copyright Act

Copyrights, Fair Use And Elections

The mid-terms are coming up, so you know there will be stories of politicians getting into clashes with artists over the use of songs and other content in ads and at rallies. In Texas, for better or worse, the real...more

5/14/2014 - Advertising Copyright Copyright Infringement Fair Use Political Campaigns

Infographic: The Use Of Images From The Web On Your Site, Newspaper Or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch....more

4/18/2014 - Business Development Copyright Marketing Media Right of Attribution Social Media Young Lawyers

Thankful I Didn’t Copy Images, Parody The Beastie Boys, Use Overbearing TOS Or Have To Stand Behind TheDirty

With the short Thanksgiving week, I thought we would touch on a few interesting stories developing over the last couple of weeks. Photographer gets $1 million+ verdict from AFP and Getty for copied Twitpics - In...more

11/27/2013 - Copyright Copyright Infringement Infringement Parody Terms of Service

Can I Use The Social Media Picture For My Story? – Part Two

Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make...more

9/17/2013 - Copyright Facebook Instagram LinkedIn Pinterest Social Media Terms of Service Twitter Vine

Can I Use The Social Media Picture For My Story? – Part One

The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on...more

9/9/2013 - Copyright Fair Use Right of Publicity Social Media

Viacom v. YouTube Update: What Does It Mean For Me?

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

4/22/2013 - Copyright DMCA Infringement Safe Harbors Viacom Viacom v YouTube Willful Blindness YouTube

Six Strikes And You’re Out: The Copyright Alert System Begins This Week

The movie industry, the music industry and five major internet service providers, with some input from the White House, quietly got together in 2011 and came up with a system that would allow the ISPs to notify individual...more

3/4/2013 - Copyright Copyright Alert System DMCA Illegal Digital Downloads Internet Service Providers (ISPs) Movies Six Strikes

Most Popular Posts Of 2012

Yes, it’s the lazy way to do a post during the week before Christmas and New Year. In my next post, we will use this information to help predict the trends of legal issues for online media, marketing, internet law and...more

12/28/2012 - Anti-SLAPP Copyright Defamation Domain Names Internet SOPA

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