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(Podcast) The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more
17 USC 102(a) provides copyright protection for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated,...more
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Supreme Court’s first intellectual property ruling of 2022. ...more
Most lawyers are familiar with the well-known legal maxim that “ignorance of the law is no excuse.” In 6-3 opinion issued on February 24, 2022, in a copyright case, the Supreme Court nonetheless held that ignorance of the law...more
With its recent decision in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. (2022) the U.S. Supreme Court has confirmed that errors in copyright applications will not invalidate a copyright registration whether such errors...more
The Supreme Court recently issued a surprising opinion regarding the safe harbor provision of the Copyright Act: If an applicant makes a mistake of fact or law in their application, the registration will still be valid. At...more
The United States Supreme Court, in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., a recent 6-3 decision, found that innocent legal errors in copyright applications do not preclude copyright holders from taking advantage of...more
Last week, the Supreme Court issued its opinion in the closely watched case of Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., holding 6-3 that a copyright registrant’s lack of knowledge of errors of either law or fact can...more
It’s not uncommon for individuals or small businesses to try to save money by filing copyright applications themselves. It’s also not uncommon for some of these registrations to include factual or legal errors, jeopardizing...more
The Supreme Court holds that the Copyright Act's safe harbor provision preserves the validity of a copyright registration notwithstanding an inaccuracy in the underlying application based on a good-faith mistake—regardless of...more
On February 24, 2022, the Supreme Court decided Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915, holding that an inadvertent mistake of law in a copyright registration applicant’s application does not render the...more
The US Copyright Office has exercised its authority under the CARES Act in an attempt to blunt the adverse effects of the COVID-19 pandemic on visual artists, musicians, and other content creators—along with the companies...more
The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more
Several entertainers, including Brooklyn rapper 2 Milly, Alfonso Ribeiro, and Instagram’s “Backpack Kid” and “Orange Shirt Kid”, sued Epic Games, Inc., the owner of the popular game Fortnite. What do all of these individuals...more
The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. ...more
The Switch by Nine. Earlier this month, the U.S. Supreme Court clarified when a copyright owner can sue for infringement, settling the conflicting interpretations of the Copyright Act’s “registration” requirement, which we...more