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
The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question...more
The Supreme Court of Louisiana this week recognized the dangers of AI manipulated video and ruled that defendants have the right to assess purported videos and photographs to assess authenticity and test for manipulation. ...more
Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...more
Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of...more
The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the...more
Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more
The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...more
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use...more
The US Court of Appeals for the Eighth Circuit upheld a ruling that a marketer had an implied copyright license to distribute marketing materials containing digital copies of photographs of the late musical artist Prince....more
The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic...more
Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more
In a somewhat shocking decision handed down in March 2021, the Second Circuit ruled against the Andy Warhol Foundation for Visual Arts in a copyright infringement suit brought by a photographer whose photos of Prince Andy...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
Examining whether the Architectural Works Copyright Protection Act enacted in 1990 protects the creation of floor plans, the US Court of Appeals for the Eighth Circuit held that such technical drawings generated for...more
In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more
In a new decision, the Michigan Court of Appeals has held that when it comes to privacy and aerial surveillance, a landowner has a greatly enhanced expectation of privacy when unmanned aircraft are involved. The decision,...more
The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more
Reese Witherspoon and Draper James in COVID-19 Giveaway Suit - Safety concerns heightened by virus-inspired Internet boom - Prêt à Despair -Draper James’ dress “giveaway” was a public relations disaster....more
In a case of first impression at the appellate level, the First Circuit recently issued a decision highlighting that U.S. copyright law authorizes implied, not merely express, sublicenses of copyrighted works. Photographic...more
The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more
On April 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Erickson Productions, Inc. v. Kast. The Erickson decision teaches several important lessons. First, it reminds copyright owners of the...more
On March 25, 2019, the Supreme Court declined to hear an appeal of Nike’s successful dismissal of a copyright infringement lawsuit filed by photographer Jacobus Rentmeester against Nike’s ubiquitous Jordan Brand Jumpman Logo,...more
Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of...more
The Second Circuit denied an interlocutory appeal in a high stakes copyright case that is being closely watched by both photographers and media companies around the country, sending key issues in the case back to the district...more