A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Instapundit: America's IP Laws Need to be "Pruned Back"
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Video Sharing App Vine Hit with Takedown Notice from Prince
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
Harlem Shake's Copyright Issues
Why Did Godzilla & James Bond Need Congress' Protection?
Weekly Brief: Rakoff Orders Gupta To Pay Goldman Sachs' Legal Fees
New Happy Birthday Song, Copyright-Free
Worst Case Scenarios for Alleged Copyright Infringers
The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons
Registering Trademarks & Copyrights with U.S. Customs
Legal Trends: Where is the action in copyright law today?
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
SCOTUS Takes "Grey Market" Goods Resale Case
Vague Definitions in CISPA Raise Concerns of SOPA 2.0
Approximately a year ago, Judge Orinda Evans of the Federal District Court for Northern Georgia held that the electronic reserves practices of the library at Georgia State University (“GSU”) were, for the most part, fair use...more
Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more
- Cariou v. Prince, USCA Second Circuit, April 25, 2013 -
Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more
On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original...more
A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts.
The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words,...more
In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more
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
- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program:
On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more
- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013
..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more
It was only a matter of time. Every social network encounters these headaches, particularly social networks built around video. As the title gives away, video sharing app Vine, owned by Twitter, was issued a DMCA takedown...more
Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more
A U.S. federal court has held that the publication by a media monitoring service of excerpts from Associated Press news articles is copyright infringement for which the fair use defense is not available. The Associated Press...more
It is well settled that Internet search engines’ reproduction of limited portions of copyrighted materials in order to direct Internet users to locations of original content constitutes “fair use” under the Copyright Act....more
Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online...more
In This Issue:
- Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013:
In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more
In This Issue:
- UMG Recordings Inc. v. Veoh Networks Inc., USCA Ninth Circuit, March 14, 2013:
Ninth Circuit upholds DMCA safe harbor protection from copyright infringement liability for defendant video-sharing...more
On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online...more
U.S. District Judge Rakoff ruled on whether copying legal filings amounts to copyright infringement. His verdict: it does not. Judge Rakoff granted summary judgment to defendants Lexis and Westlaw, dismissing plaintiffs’...more
In This Publication:
- I. Introduction
- II. Rights Implicated By Transmission And Use Of Works On The Internet
A. The Right of Reproduction -
1. The Ubiquitous Nature of "Copies" on the Internet...more
This post is probably a bit dated for the readers that are on the cutting edge of developments in the film industry. But since that may only be a small subset of our readers, I thought this information was worth...more
Do you need to buy a last minute Valentine’s Day gift? You may be thinking of picking up the best-selling book Fifty Shades of Grey. Be careful – you need to read this post so that you are not confused and buy something else....more
Emerson once said that, through the abstraction of ideals, choice may come without consequence. And so, in many instances, publication of a found photograph by news media will come without consequence. However, in the 2012...more
In This Issue:
- Lenz v. Universal Music Corporation, USDC N.D. California, January 24, 2013.
District court denies parties’ motions for cross summary judgment on plaintiff's claim of misrepresentation under the...more
In This Issue:
- Morris v. Young, USDC C.D. California, January 28, 2013
District court grants in part and denies in part plaintiff photographer’s motion for summary judgment in copyright infringement action against...more
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