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
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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
A new report from the Copyright Office has shed light on the deficiencies in their own processes: outdated and complicated resources are making it harder for visual artists to copyright their work, leaving them vulnerable to online infringement. 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
On the topic "Copyright and Photography: What you should know," Mark discussed notable photography copyright cases and their impact on copyright law. READ MORE
Two cases involving photographs of city skylines illustrate what is, and isn’t, copyright infringement. READ MORE
Copyright - intellectual property law, protects original works of authorship, but does this included an artistic concept or idea? Can copyright infringement included artistic concepts? READ MORE
Group registrations of photos will have new limitations beginning February 20, 2018. Photographers were previously able to register an unlimited number of photographs in a single registration application, for the regular $55 fee. The new rule limits registrations to 750 photographs, requires use of new electronic application forms, and streamlines registration by work-for-hire applicants. READ MORE
The Digital Millennium Copyright Act (DMCA) sets up safe harbors so that service providers generally aren’t liable for their customers’ infringements, but the safe harbor provisions require providers to cut off repeat infringers. The responsibility falls on the Internet service providers to not only enact a repeat infringer policy but they must also enforce their policy. The Fourth Circuit Court of Appeals so held in a lawsuit brought by BMG Rights Management (US), LLC against Cox Communications, Inc. READ MORE
Ownership is unique under the Copyright Act — that’s the argument a federal court made in throwing out an infringement action filed by a copyright owner who created the work in question but failed to retain a financial interest in it. READ MORE
You may think there is one simple hard-and-fast rule of copyright law: You cannot transfer a copyright without a written instrument signed by the copyright owner. It’s right there in section 204 of the Copyright Act. But the “instrument” need not be a formal document that specifically addresses copyrights. READ MORE
As some photographers aggressively and regularly assert claims, defendants have concluded that in response they need to aggressively probe the bona fides of those claims. 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
In its motion to dismiss, CBS argued that the two-second on-screen display of Steven Hirsch’s photograph was a fair use, or, at most, a de minimus infringement. The district court denied the motion. READ MORE
Beware sultry-looking ladies. That’s one of the lessons from the recent court decision sending a copyright case against the United States Postal Service to trial, but there are more. The decision can serve as a teaching tool and warning regarding use of photos and other images. READ MORE
Results in two recent cases suggest that circumstances have significant effects on damages and attorneys’ fee awards. READ MORE
Solid Oak sued Take-Two Interactive Software for copyright infringement last year, claiming it is a technical foul to display the copyrighted tattoo on LeBron James’s arm in Take-Two’s popular NBA 2K line of video games READ MORE
You may think of it as “graffiti,” but a court in New York must determine if “aerosol art” is “meritorious” and of “recognized stature” such that it gets special copyright protection. READ MORE
A famously learned federal judge sprinkled his high-profile dismissal of a copyright claim against Beyoncé with pop culture references to Taylor Swift, "Ghostbusters," and Oscar Wilde, along with some hard lessons for plaintiffs who overreach with their copyright claims. READ MORE
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