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Beastie Boys Sue; Law Prof's 'Head Spins'
North Jersey Media Group Inc. is the copyright owner of the iconic photograph of three firefighters raising an American flag at the ruins of the World Trade Center on September 11, 2001. ...more
The controversy that swirled around the 2013 Cariou v. Prince decision was once again ignited with the Seventh Circuit’s recent decision in Kienitz v. Sconnie Nation LLC – a decision that, fairly or unfairly, took direct...more
On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more
In copyright infringement action involving allegations that Fox News posted to its Facebook page plaintiff’s 9/11 photograph of firefighters raising American flag near World Trade Center juxtaposed with iconic World War II...more
This past weekend, my wife and I were fortunate enough to take in the sights and sounds of NYC. Included on our stops was the world famous Rockefeller Center Christmas tree. The tree was lit on December 3. Despite the...more
While the 7th Circuit, in Kienitz v. Sconnie Nation LLC, 766 F.3d 756 (2014), affirmed a finding of fair use, the court’s analysis expresses skepticism about the approach used in Prince v. Cariou, 714 F.3d 694 (2013) and may...more
On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more
The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a...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.
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
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:
- 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
In This Issue:
- Mattel v. MGA Entertainment:
Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...more
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