Copyright
A New World of Intangible Property: NFTs and IP Rights
Milton Springut and Stephanie M. SmithAn 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 Use
Eleanor M. Lackman and Lindsay R. EdelsteinThe 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 SDNY
Judith B. BassThe 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. LinkedIn
Grayson Clary, Gillian Vernick and Gabe RottmanThe 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 Copyright
Vincent H. Chieffo, Julianna M. Simon, and David H. MarenbergAfter 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 Ring
Caesar Kalinowski IV, Liz McNamara, and John GoldmarkThe 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 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 Seuss Enterprises, leaving it to a jury to decide whether ComicMix’s unpublished book – Oh, the Places You’ll Boldly Go!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.
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.