Internet Archive Slammed in Decision Rejecting Mass Distribution of Unlicensed Ebooks Under ‘Controlled Digital Lending’ TheoryJack Browning, Linda Steinman and Liz McNamara
Judge Koeltl delivered a decision definitively characterizing Internet Archive’s actions as brazen copyright infringement.
Agent of “Notorious RBG” Photographer Lacks Statutory Copyright StandingAmanda Barkin
The art world’s obsession with using RBG as its muse, lives on. As does legal controversy that surrounds that art and its reproduction.
Do AI Generators Infringe? Three New Lawsuits Consider This Mega QuestionJeremy Goldman
Do content creators have the right to authorize or block AI systems from collecting and using their content as training data?
A New World of Intangible Property: NFTs and IP RightsMilton Springut and Stephanie M. Smith
An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.
Second Circuit Affirms That Screenshot of Photograph Is Fair UseEleanor M. Lackman and Lindsay R. Edelstein
The court affirmed that Mic’s use of a composite screenshot from a New York Post article to report, criticize, and comment on the article, its subject, and the resulting backlash, was a fair use.
Parody Play “Vape” Receives Positive Review From SDNYJudith B. Bass
The Court found that Vape constituted a fair use of Grease. In addition, the Court rejected Defendants’ claim that Plaintiff had infringed on the Grease trademark in its use of the mark in the opening credits.
Ninth Circuit Reaffirms CFAA Does Not Prohibit Web Scraping in hiQ v. LinkedInGrayson Clary, Gillian Vernick and Gabe Rottman
The case was an important early test of Van Buren’s significance for scraping and other data journalism techniques.
Ninth Circuit’s Dark Horse Opinion Clarifies What Music Is Not Protected by CopyrightVincent H. Chieffo, Julianna M. Simon, and David H. Marenberg
After almost seven years of litigation, the Ninth Circuit vindicated Katy Perry and other co-defendants by affirming that no reasonable jury could have concluded that Perry’s hit song “Dark Horse” infringed Flame’s song “Joyful Noise” based on the similarities of two 8-note “repeating musical figures” that occur throughout both songs.
Amazon, Penguin Random House, and Leading Authors Win $7.8m Judgment Against International Ebook Piracy RingCaesar Kalinowski IV, Liz McNamara, and John Goldmark
The Ukrainian-based operation was able to operate for years by migrating websites and falsifying domain information to continue illegally distributing thousands of ebooks.
The ‘Embed’ Saga Continues: Another Court Rejects ‘Server Test’ With More Decisions LoomingKenneth P. Norwick
SDNY Rakoff, in Nicklen v. Sinclair, effectively followed Breitbart and fulsomely rejected Perfect 10’s “server rule.” And there is more judicial “embed” activity to be expected in the immediate future.