1/1/2024 5:01:23 AM The Moose Is Loose! By Derek Silva First of all, sorry for the headline. I couldn't resist. But second, look at this majestic creature! A spotted moose? Are you kidding...
10/27/2023 7:23:07 PM Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
8/7/2023 8:48:06 PM The Server Test Survives in the Ninth Circuit … At Least For Now By Brian Murphy Craig Whitney A panel of the Ninth Circuit has affirmed that the “server test” remains the law of the land - at least in that circuit, and at least for...
6/29/2023 12:18:58 PM CMO Series Live 2023: Photos and Commentary By Gaya Gajewska Ruth Nossek Abigail Taylor Earlier this month, we hosted our inaugural CMO Series Live event at The Brewery in London, with over 200 clients, guests, and partners. ...
6/28/2023 6:47:22 PM Repeat Copyright Plaintiff's Infringement Claim Dismissed on Statute of Limitations Grounds By Nicole Bergstrom If you spend any time keeping track of new copyright infringement filings (Am I the only one?), you'll start to notice the same names pop...
6/12/2023 8:58:35 PM Ye Faces Copyright Suit Over Instagram Post Featuring Photo of Vogue Editor Gabriella Karefa-Johnson By Amanda Barkin Ye's (f/k/a Kanye West) "White Lives Matter" t-shirt controversy is back. Last week, the rapper and fashion designer was hit with...
4/24/2023 1:57:30 PM Reporter's Use of Screenshot of Jan 6 Insurrection Footage "Unquestionably" Fair, Says SDNY By Brian Murphy On January 6, 2021, photojournalist Robyn Brody captured footage (here) of Kelly Meggs and other members of the Florida Oath Keepers,...
2/16/2023 10:00:00 AM "Peace, bro" By Derek Silva This link will take you to a slideshow of the 16 "most dazzling ocean photos" of 2022. The environment can be beautiful, creepy, foreign,...
2/8/2023 5:04:10 PM Fast-Fashion Brand Zara Alleges "Massive Scam" By Regina Gerhardt Fashion retailer Zara—which is often accused of copying other brands' designs—has now filed its own copyright infringement lawsuit...
1/31/2023 6:28:31 PM Cellphone Photo Etiquette: “Do you mind taking our picture?“ “Sure, but I own the Copyright!” By Brian Murphy Edward H. Rosenthal Here is the scene. You are walking in Central Park. A group of tourists comes up to you and asks you to take their picture. They hand you...
12/12/2022 1:59:39 PM Buzzfeed's Publication of Influencer's Motorcycle Accident Pics is a Fair Use By Brian Murphy Tiffany Mitchell (@tifforeli), an influencer who currently has just under 200,000 followers on Instagram, likes to ride a beemer....
9/23/2022 8:28:26 PM Copyright Claim by Prince's Photographer Defeated on Implied License Theory By Brian Murphy Yes, another copyright case involving Prince (of Paisley Park, not of Wales). (But not the biggie.) And another case dealing with the...
8/15/2022 11:11:38 AM Unauthorized Use of Photos to Illustrate Article Is "in No Way Transformative," Says CA9 By Brian Murphy Elliot McGucken is an award-winning fine-art photographer who specializes in natural landscapes. (Check out his website.) In March of...