For those who missed the message five years ago that social media photos aren’t free to use, a new decision has renewed and reinforced that message. The circumstances of the case may make this decision hard to forget or ignore. READ MORE

While determining copyright fair use may seem as easy as adding up the scores of the four fair use factors, the reality is not so simple. Fair use requires complex and nuanced judgments, not simplistic arithmetic. READ MORE

A fleeting glimpse of graffiti in the background of an HBO series does not constitute copyright infringement, a federal judge has ruled. READ MORE

To secure evidence for an anticipated lawsuit against TV host Dr. Phil McGraw, a producer for the show, Leah Rothman, recorded nine seconds of the show’s unaired archive footage onto her cellphone. The employee probably felt she had a strong case for making the recording. But a decision entered against her shows that fair use is never simple and straightforward, and can be argued from many different angles. READ MORE

The Judge found it “virtually” impossible consumers would see the play rather than reading the original book or see the 2000 film based on the book. He found it more likely the play will increase interest in Grinch. READ MORE