Photographs, Copyright | JD Supra Law News

Second Circuit Decision Finds Transformative Use Does Not Require Comment

by Alexandra Wald | Cohen & Gresser LLP on 5/2/2013

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

The Second Circuit Weighs in on Transformativeness in the Visual Arts

by Christopher Robinson | Davis Wright Tremaine LLP on 5/1/2013

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. ...more

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

by Sheppard Mullin Richter & Hampton LLP on 4/29/2013

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

Gavel to Gavel: Check before you pin

by Rachel Blue | McAfee & Taft on 4/18/2013

No more piles of torn magazine pages or envelopes full of paint chips. Bookmarking sites like Pinterest, Manteresting or Pixcited let us post images of things we like in a neat digital format. Like most other social media...more

Canine Inspired Copyright Confusion?

by Steve Baird | Winthrop & Weinstine, P.A. on 3/25/2013

When we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important...more

February 2013: Entertainment Litigation Update

by Quinn Emanuel Urquhart & Sullivan, LLP on 2/21/2013

Second Circuit Steers Away from Strict Copyright Protection in the Photography Arena. According to well-known photographer Janine Gordon, rival photographer Ryan McGinley copied more than 150 of Ms. Gordon’s contemporary...more

Social Media Law (Part 2: Twitter & Copyright)

by Field Law on 2/14/2013

This recent US copyright decision involving Agence France Presse (AFP) and photographer Daniel Morel dealt with the rights of a news publisher to publish images posted to Twitter....more

Metaphysics of the Law—Monge v. Maya, News Reporting and Fair Use

by Joseph Larsen | Sedgwick LLP on 2/7/2013

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

Music Law Weekly Case Update for Music Industry Executives -- February 1, 2013

by Barry Slotnick | Loeb & Loeb LLP on 2/4/2013

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 2/1/2013

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

Dissecting Mr. Rockefeller: First Circuit Rejects Copyright Infringement Claim Based on Unoriginal Elements of News Photograph

by David Kluft | Foley Hoag LLP - Trademark, Copyright &... on 1/18/2013

Clark Rockefeller, aka Christian Karl Gerhartsreiter, lived a double life until his conviction for child abduction in 2009. He was subsequently charged with an unrelated murder in California, and that trial is set to begin...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 10, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 1/12/2013

Table of Contents: - Harney v. Sony Pictures Television, USCA First Circuit, January 7, 2013: Circuit court affirms summary judgment in favor of defendants, on plaintiff photographer’s copyright infringement claim,...more

Canada's New Photography Copyright Regime: Clearance Challenges

by Heenan Blaikie LLP on 12/6/2012

With the coming into force of many of the provisions of the Copyright Modernization Act (Bill C-11) on November 7, 2012, Canadian copyright law boasts a new regime with respect to photographs. In short, subject to the...more

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