News & Analysis as of

Photographs

Are Your Personality Rights Protected?

by Field Law on

The present day is marked by the propagation of cameras in nearly every device and the ability to instantaneously share and spread photos and information. The result has been to make it exceedingly difficult for individuals...more

No More Monkey Business: The Ninth Circuit Finds Monkeys Cannot Sue For Copyright Infringement

by Weintraub Tobin on

The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims...more

A picture is worth a thousand words, but is it always a student record?

by Franczek Radelet P.C. on

Earlier this month, the Family Policy Compliance Office (FPCO) released updated guidance clarifying when pictures and videos containing images of students are education records under the Family Educational Rights and Privacy...more

Establishing Copyright is Not Monkey Business

Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...more

Ninth Circuit Makes Monkey Out Of PETA In Copyright Suit

by Fox Rothschild LLP on

The Ninth Circuit dropped the curtain last week on nearly three years of litigation waged by People for Ethical Treatment of Animals (PETA) against wildlife photographer David Slater in the infamous “Monkey Selfie” case by...more

Monkeys Lack Standing to Sue for Copyright Infringement

Well, it’s official: Naruto, the crested macaque monkey who took photographs of himself while on a reserve on the island of Sulawesi, Indonesia in 2011, lacks statutory standing under the US Copyright Act to sue for copyright...more

Monkey See, Monkey Sue: Ninth Circuit Finds Naruto Cannot Sue Under Copyright Act

by Genova Burns LLC on

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

Copyright Is No Monkey Business, Rules the Ninth Circuit

by Wilson Elser on

On April 13, 2018, the Ninth Circuit Court of Appeals affirmed the dismissal of a copyright infringement lawsuit brought on behalf of a very dexterous monkey, Naruto, that managed to take selfies with an unattended camera...more

A Monkey Could Do That!

by Fox Rothschild LLP on

Though apparently not when it comes to suing for copyright infringement. Earlier this week, the Ninth Circuit issued a ruling in a case involving photographs taken by a monkey on a camera left unattended by a nature...more

No Monkeying Around with this Opinion – Naruto v. Slater, No. 16-15469, 2018 WL 1902414 (9th Cir. Apr. 23, 2018)

by Tucker Arensberg, P.C. on

In case you are curious about the extent of animal rights under the law, take a look at this new decision in the Ninth Circuit, Naruto v. Slater, 2018 WL 1902414 (9th Cir. Apr. 23, 2018). Naruto, an Indonesian macaque, picked...more

Can a Stock Photography Agency Bring a Copyright Lawsuit? The Ninth Circuit Says “Maybe,” and the Supremes Say Nothing

by Dorsey & Whitney LLP on

Can a stock photography agency bring a copyright infringement lawsuit on behalf of individual photographers? According to the Ninth Circuit, the answer is “maybe.” ...more

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site...more

Court Case Finding that Embedded Photos Can Trigger Copyright Liability Certified for Appeal

by Dorsey & Whitney LLP on

A New York federal district court has certified for appeal its recent decision in a pending case involving the unauthorized use of a photographer’s photo by a number of media outlets, maintaining the spotlight on the issue of...more

Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

by Foley & Lardner LLP on

The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision in Perfect 10, Inc. v. Amazon.com, Inc. On March...more

California Federal District Court Does Not ‘Like’ Facebook’s Standing Argument In Illinois Biometric Information Privacy Act Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more

Online Images – Free to Use?

by Gray Reed & McGraw on

Having won her primary, Starr Struuck is ready to update her campaign website and Instagram feed to jazz up her image and promote the reasons why she should win the general election. ...more

Ninth Circuit Reviews Copyright Infringement Suit Over ‘Jumpman’ Logo

Nike won a challenge to its “Jumpman” logo when the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court dismissal of a copyright infringement suit brought by a photographer....more

Showdown at SCOTUS Looms as SDNY Judge Certifies Her Opinion on Embedded Tweets for Interlocutory Appeal

by Wilson Elser on

On February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial summary judgment in a case involving the embedding of an image online and called into question the applicability and...more

Can embedding a tweet make you a copyright infringer?

by Thompson Coburn LLP on

Is it illegal to use an embedded link that causes an image on another website to appear on your site? Well, it depends on the court. A federal judge in New York recently held that online publishers who embed tweets that...more

Embedded Tweet May Constitute Copyright Infringement

In a decision making headlines, a New York federal court judge held that a tweet embedded in news stories may constitute copyright infringement....more

Alert: Bloggers Beware: New York Federal Court Holds In-Line Linking May Be Copyright Infringement

by Cooley LLP on

On February 15, 2018, a federal district judge in New York City ruled that in-line linking constitutes prima facie copyright infringement, an alarming decision inconsistent with appeals court precedent in California and other...more

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

Embedded Tweets Violate Exclusive Display Right, Setting Up Possible Showdown at SCOTUS, and Cause Uncertainty for Website...

by Wilson Elser on

Finding that drafters of the Copyright Act amendments in 1976 foreshadowed the technological advances that were coming, on February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial...more

Second Circuit Tells Aggregator Claiming Standing to Sit Down

by Ballard Spahr LLP on

Clarifying the issue of who has standing to pursue copyright infringement claims, the U.S. Court of Appeals for the Second Circuit on Friday rejected an attempt by a stock photography agency to aggregate claims belonging to...more

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