A recent copyright case serves as an important reminder to be careful what you wish for, because you may get it. READ MORE
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A recent copyright case serves as an important reminder to be careful what you wish for, because you may get it. READ MORE
The Consolidated Appropriations Act that Congress passed in the days before the holiday is largely touted as a government spending bill. Digging deeper into the bill reveals its potential impact on American intellectual property issues – specifically in the Trademark Modernization Act of 2020 and the Copyright Alternative in Small-Claims Enforcement Act of 2020. READ MORE
A news organization can fairly use a copyrighted photo from an Instagram post when the social media post is itself a key element of the news, according to a ruling in a case involving tennis star Caroline Wozniacki. READ MORE
A multi-million dollar verdict in favor of New York graffiti artists is now final after the U.S. Supreme Court rejected the real estate developer Gerald Wolkoff’s appeal. READ MORE
Richard Bell, an attorney-photographer who has filed and settled many infringement lawsuits, has learned that a loss at trial can be particularly expensive when a court ordered him to pay a defendant’s fees. READ MORE
Omitting a small print photo credit can get you in big trouble under the copyright laws. That’s what happened recently when a court affirmed an award of almost $74,000 against BuzzFeed, when a reporter copied a photo from the New York Post and removed the photographer’s name. READ MORE
A recent decision shows why intellectual property owners need to verify the merit of their DMCA takedown notices before making them. Improper DMCA takedown notices can lead to costly litigation and potential liabilities. READ MORE
Copyright claims based on social media content will often depend on the technologies used and the applicable terms of service—both under the control of the social media companies. READ MORE
If you have been itching to use someone’s social media content – despite all the warnings you’ve heard from copyright lawyers – there’s finally a way to do it. At least as to Instagram, if you use one of Instagram’s tools to embed a public Instagram post within your own posting, you will not infringe the original user’s copyright. READ MORE
Is it a technical foul to show NBA players’ tattoos in a video game? A federal judge in New York answered with an emphatic “No,” and ruled in favor of Take Two, a video game developer, and against a company that purchased the tattoo copyrights from the original artists. READ MORE
The CASE Act, a law designed to help copyright holders expedite the resolution of small copyright infringement claims, would provide an alternative path to resolve copyright infringement claims. But whether the CASE Act will pass the Senate in its current form and fulfill its stated premise remains open to questions. READ MORE
A federal jury in Indianapolis found that retired attorney Richard Bell does not own the copyright to a photograph of the Indianapolis skyline — an image at the heart of dozens of infringement lawsuits Bell has filed over the years. READ MORE
In a recent decision, the Fourth Circuit Court of Appeals avoiding answering if good faith is a viable defense to a copyright infringement claim. Instead, the court found the defendant failed to prove its alleged good faith, reversing a lower court’s dismissal of a photographer’s claim. READ MORE
In two unanimous rulings, the Supreme Court limited when a copyright claimant can file suit and how much a successful claimant can recover in litigation expenses. The decisions interpreted the Copyright Act’s requirements concerning “registration” before suit, and “full costs” recoverable by a successful plaintiff. READ MORE
You can copyright just about any design, right? Not quite. According to the Copyright Office, designs still need some creativity, illustrated by a dentist’s attempts to copyright photos of teeth. READ MORE
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
On the topic "Copyright and Photography: What you should know," Mark discussed notable photography copyright cases and their impact on copyright law. READ MORE
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