Copyright
George Santos Loses Cameo Copyright Case
Raphael Holoszyc-Pimentel, Eric Feder, and Nathan SiegelSantos sued after the show Jimmy Kimmel Live! used short videos of Santos saying absurd things in exchange for money on the site Cameo—videos that Kimmel allegedly tricked Santos into making. The defendants moved to dismiss Santos’ complaint on the grounds that they made a fair use of Santos’ videos.
Copyright Law Used to Deny Access to Covenant School Shooter’s Manifesto
Douglas R. PierceFederal Court Holds That Copyright Act Preempts X’s Web Scraping Claims
Jeremy GoldmanIn a blockbuster ruling that is bound to have far-reaching implications, including in the swarm of copyright infringement cases brought against AI platforms, a California federal court recently dismissed a complaint that X Corp. brought against web scraping company Bright Data.
Supreme Court Provides for Broader Availability of Damages in Copyright Suits
Sean M. Callagy and Bridgette C. GershoniThe Supreme Court issued a 6-3 decision in Warner Chappell Music, Inc. v. Nealy, No. 22-1078, holding that damages are available under the Copyright Act for acts of infringement that predate the initiation of suit by more than three years.
Top Gun Lawsuit Shot Down
Matt KristoffersenThe 1983 magazine article “Top Guns” and Paramount Pictures’ recent blockbuster movie Top Gun: Maverick are not substantially similar under copyright law, a California federal judge ruled this month.
Supreme Court, Second Circuit Consider Copyright Infringement Statute of Limitation Implications
Gillian VernickNeither case squarely presented the question of when a copyright claim ‘accrues,’ understood by many federal circuits as when the copyright owner first “discovers” the allegedly infringing use. However, the challenges that both cases raise about the discovery rule’s application may hint at its potential impermanence.
Fourth Circuit Rules Against News Org’s Use of Ted Nugent Photograph
Jamie Ehrlich and Cynthia A. GierhartThe Fourth Circuit ruled that a news organization’s use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for proper attribution.
Federal Court Dismisses Copyright Lawsuit Against Friends, Sex and the City, Other Shows
Elizabeth A. McNamara and Meenakshi KrishnanThe Court found that no lay observer could find any substantial similarities between the protectible material of Lee’s work and the four shows.
California Federal Court Grants Summary Judgment for Defendants in Ad Astra Copyright / Idea Theft Case
David Aronoff and Josh BornsteinPlaintiff alleged that Ad Astra infringed his copyright in and stole ideas from his unproduced spec screenplay entitled Cosmic Force. However, in granting summary judgment the Court ruled that these claims failed to raise genuine issues warranting a trial.
Federal Court in Tiger King Case Cites Warhol in Dismissing Copyright Claim Against Netflix
Anthony DohertyDespite some gloom and doom about the future of fair use after the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith last May, it seems that for documentary film makers at least, fair use is in roaring good health.