In Defense of Copyright’s De Minimis Defense
The Ninth Circuit took a overly minimalist view of copyright’s de minimis defense, finding that a photo stored on an inaccessible web server doesn’t qualify.
Are Courts Finally Getting Fed Up With Copyright Shakedowns?
Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models.
Judge Recommends Approving New Phanatic Mascot Despite Termination
In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. But questions still remain.
Is Copyright’s “Server Test” on Life Support?
Instagram fights a class action in California, while a New York court rejects a settled embedding defense. Is it time to think about life after the server test?
Copyright Termination and “Harmless Error”
As a new case involving Dwight Yoakam illustrates, serving a copyright termination notice is fraught with potential pitfalls, and mistakes come easy and often. Can the "harmless error" doctrine save the day?
Sacha Baron Cohen Sues For Use of “Borat” on Cannabis Billboard
The actor, who claims he's never used cannabis in his life, objects to Solar Therapeutics' unpermitted use of both the copyrighted Borat character and his own likeness.
Court Tosses “Stuttering John” Lawsuit Based on Copyright Preemption
The judge rejects a claim that SiriusXM violated the right of publicity by broadcasting old Howard Stern shows featuring "Stuttering John" Melendez's name, voice and likeness.
A “Game of Life” That Can’t Be Terminated
The First Circuit rules that the classic 1960 board game "The Game of Life" was created as a work made for hire. Here's why it matters.
Breaking Down the Instagram Photo Embedding Class Action Lawsuit
In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case?
Is Rachel Dolezal Using Copyright to Erase History?
Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright?
Why SNL’s “Muppets” Parody Had Even the Media Fooled
"Saturday Night Live's" literal beat down of "The Muppet Show" so closely resembled the classic Jim Henson characters that some viewers thought the Muppets had really made an appearance on the show. Did SNL go too far?