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Photographs Dismissals

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

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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

Manatt, Phelps & Phillips, LLP

Judge Reverses Prior Dismissal of Copyright Suit on Use of Embedded Instagram Photo

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

Dorsey & Whitney LLP

#igers Beware – Embedded Instagram Post Found Not To Infringe Copyright

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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

Holland & Knight LLP

A Snapshot From Section 101: Patent Directed to Image Cataloging Not Patent Eligible

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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

Dorsey & Whitney LLP

A Man Walks into a Bar...And Fair Use Is Found

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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

Dorsey & Whitney LLP

Andy Warhol's Prince Series Portraits Held Fair Use of Photograph

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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

Robins Kaplan LLP

The Second Circuit Calls a False Start on NFL Photographer Litigation

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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

Genova Burns LLC

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

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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

Hogan Lovells

German Federal Court Rules On Google’s Image Search – Thumbnails III

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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

Sullivan & Worcester

Court Enters Final Dismissal of “Monkey Selfie” Case

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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

Patterson Belknap Webb & Tyler LLP

Court Sacks Photographers’ Antitrust Claims Against the NFL and its Member Teams

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

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