Copyright
The ‘Embed’ Saga Continues: Another Court Rejects ‘Server Test’ With More Decisions Looming
Kenneth P. NorwickSDNY 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.
Dr. Seuss / Star Trek Mashup Case Heads to Trial After Fair Use Roller Coaster Ride
Jeremy S. GoldmanJudge Sammartino denied a motion for summary judgment brought by the plaintiff, Dr. Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go! – infringes the copyrights in Dr. Seuss’ famous children’s books.
District Court of Colorado Adopts Meta-Film’s “Access Through an Intermediary” Test in Copyright Case
David Aronoff, Michael Beylkin, and Joshua BornsteinThe decision is the first case in the Tenth Circuit to adopt the “access through an intermediary” test of the highly influential and widely-cited decision Meta-Film Assocs v. MCA.
Copyright 101
What copyright does (and does not) protect, who owns it, how long does it last, how can it be licensed or transferred, the importance of registration and notice, what constitutes infringement, defenses to infringement, and fair use.
Talk to the Hand: Michigan Copyright and Trademark Lawsuit Over Similar Hand Gesture Images Clapped Back
Brian D. WassomThis lawsuit vindicates the maxim that “no good deed goes unpunished,” but the outcome provides some encouragement for those using advertising images that are minor variations on common themes.
Second Circuit Affirms Fair Use Dismissal of “Fish Sticks” Copyright Suit
Joe SlaughterThe Second Circuit affirmed the trial court’s dismissal of a copyright infringement lawsuit on fair use grounds
Oracle v. Google: It’s Not Over
Moon Hee LeeThe Court’s decision may have ended the decade-long fight between Google and Oracle, but sets the stage for decades of future copyright litigation.
The Warhol Foundation v. Goldsmith: Reining in Transformative Use?
Does the Second Circuit’s decision denying the fair use defense bring clarity or confusion to copyright law? Is it time for “appropriation artists” to pay the piper? Is the transformative use doctrine on the wane? Do we see similar arguments under the rubric of substantial similarity? How will the decision effect derivative works?
When Copyright Met Cryptocurrency: A Conversation About NFTs
Jeff HermesMLRC deputy director thinks through non-fungible tokens.
Second Circuit “Clarifies” (Restores?) Law Governing Fair Use
Kenneth P. NorwickThe court not only reversed pretty much the entirety of the extensive decision of the SDNY judge under review but it came close to disowning one of its own most important (and controversial) recent fair use precedents.