The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
Podcast: The Briefing - No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
Podcast: The Briefing - Zillow Loses Second Round of Copyright Fight
The Briefing: Zillow Loses Second Round of Copyright Fight
5 Key Takeaways | IP: Beyond the Basics
Podcast: The Briefing by the IP Law Blog - Is the Server Test Ready for a Reboot?
The Briefing by the IP Law Blog: Is the Server Test Ready for a Reboot?
The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Podcast - The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
The Briefing by the IP Law Blog: What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Podcast: The Briefing by the IP Law Blog - What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Podcast: The Briefing by the IP Law Blog - The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
The Briefing by the IP Law Blog: The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
Podcast: The Briefing by the IP Law Blog - If a Photograph is Infringed But No One Sees it, is it Still Infringement?
The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?
Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk
The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk
Podcast: The Briefing by the IP Law Blog - This Lawsuit Could Change Paparazzi Mood Forever – An Update on the Ratajkowski / Paparazzi Copyright Lawsuit
The Briefing from the IP Law Blog: This Lawsuit Could Change Paparazzi Mood Forever – An Update on the Ratajkowski / Paparazzi Copyright Lawsuit
Wie ist der aktuelle Gesetzgebungsstand zum Urheberrecht? Spätestens seitdem das Bundeskabinett im Februar 2021 seinen Gesetzesentwurf zur Reform des Urheberrechts vorgestellt hat, dürfte die anstehende Reform auch...more
Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.)...more
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
- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more
A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more
Now more than ever before, almost everyone is online, both personally and for business purposes. There is a lot of confusion about posting pictures and images on social media - Instagram, Facebook, Pinterest and other...more
Are you among the 68% of U.S. adults who, according to the Pew Research Center, use Facebook? Social media can do more harm than good, especially if you are involved in a legal dispute, family-related or otherwise. Posts on...more
On August 9, 2019, the U.S. Court of Appeals for the Ninth Circuit unanimously upheld certification of a class of Illinois Facebook users alleging that the social media giant’s facial recognition feature called “tag...more
There is an evolving body of case law relating to the discoverability of social media. Recently, a New York state appellate decision extended access to plaintiffs’ posts to include private photos in which they are “tagged,”...more
As discussed in past posts about the long-running Facebook biometric privacy class action, users are challenging Facebook’s “Tag Suggestions” program, which scans for and identifies people in uploaded photographs for photo...more
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
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
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
Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a...more
On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more
I always love a good social media FMLA smack down. It’s even better when the employer handles the situation in textbook fashion. Today’s installment offers both, while also providing a road map for employers when...more
Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by...more
Virtually everyone uses social media to engage with family and friends, to follow politics and popular culture, and to conduct business. As social media use becomes increasingly engrained in American culture, businesses have...more
As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). ...more
As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more
Bad reviews. On September 30th, the soon-to-be-launched app Peeple was described by the app’s co-founder, Julia Cordray, as a “Yelp for people,” that is, a people-rating platform that would allow users to assign number...more
An Illinois man recently filed a proposed federal class action alleging that Facebook violates state law protecting the privacy of biometric data through its alleged collection of facial recognition data from over a billion...more
Based upon the way modern computers are designed, there are certain tasks they are much better at performing than humans. It wouldn’t be pedantic to point the fact that’s the purpose of a computer in the first place: to do...more
Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more
Discovery of social media is often appropriately considered in any case where evidence or admissions tending to disprove the other party’s case is potentially available. Although social media has long been firmly rooted in...more