Ninth Circuit Affirms Server Test in Instagram Embedding Case
The server test is alive and well—at least in the Ninth Circuit—and shields the embedding of social media posts from copyright infringement liability.
Let’s Go Hazy: Making Sense of Fair Use After Warhol
Five things to know about the Supreme Court's new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith
Sheeran Wins Copyright Trial On Independent Creation
The jury has spoken: Ed Sheeran's "Thinking Out Loud" doesn't infringe the copyright in Marvin Gaye's "Let's Get It On."
Court Grounds Copyright Frequent Flyer Over Statute of Limitations
Serial copyright plaintiffs beware: the discovery rule may not excuse late-filed infringement claims brought by "seasoned litigators."
Internet Archive Loses Lending Lawsuit: What Happened, and What’s Next?
The future of "controlled digital lending" is in doubt after a court rules that the Internet Archive's online library is not protected by fair use.
The Beat (And Cher’s Lawsuit) Go On With New Ruling in Bono Copyright Dispute
In a long-awaited decision, the court allows Cher's royalty lawsuit to proceed despite copyright termination notices from Sonny Bono's heirs.
Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech
An Illinois federal jury awarded Catherine Alexander only $3,750 in damages for Take-Two Interactive and WWE's use of tattoos she made for Randy Orton in their video games, but the implications of the ruling go much further.
Take-Two Tattoo Trial Begins: What You Need to Know
In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton's likeness in video games.
Deadly Dolls and a Forgotten Copyright Exception
Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case.
Court Slips Up in Duct-Taped Banana Copyright Case
A banana taped to a wall may qualify as art, but as a copyright infringement lawsuit it should have been left to rot.