The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more
In a major blow to web publishers, Judge Kimba Wood of the Southern District of New York reversed her own ruling from just two months ago and revived a photographer’s copyright suit against Mashable, Inc. (Mashable), over...more
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
The automatic tagging of a photograph with photographer, location, date and time is not patent eligible subject matter, according to a recent decision from the U.S. District Court for the Northern District of California. In...more
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
Earlier this summer, in The Andy Warhol Foundation for the Visual Arts v. Goldsmith, the federal district court for the Southern District of New York held that Andy Warhol’s artwork series depicting the late singer Prince was...more
Just after the close of an eventful Week 1, the NFL was hit with the revival of an extensive lawsuit claiming it wrongfully exploited thousands of game-day photos without permission or payment....more
Last week, the Ninth Circuit Court of Appeals panel affirmed dismissal of copyright infringement claims brought on behalf of a macaque monkey, Naruto, against a wildlife photographer. The Court found that Naruto had...more
On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more
As anticipated, the judge presiding over the “monkey selfie” copyright case has dismissed the complaint for copyright infringement brought by the People for the Ethical Treatment of Animals (PETA), ostensibly on behalf of a...more
Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an “efficient enforcer” of the antitrust laws, the complaint...more