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Court Decisions

15 posts

Notable rulings from across the country impacting the world of copyright law.

After failing to defend a copyright infringement lawsuit, actress Sofia Vergara was ordered to pay $750 in statutory damages, which is substantially less than the plaintiff photographer was seeking.
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CCourt Decisions

Sofia Vergara Defaults, Ordered to Pay $750 for Instagram Infringement

  • byAaron Moss
After failing to defend a copyright lawsuit against her, the actress is ordered to pay only minimum statutory damages. Did Vergara just get lucky, or is default a smart litigation strategy?
Sony Music has prevailed in a copyright infringement case over R. Kelly’s “Love Letter” because the plaintiff’s song was not fixed in a tangible medium of expression.
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CCourt Decisions

No Copyright Claim in Song Based on Unfixed Phone Conversation

  • byAaron Moss
Sony Music has prevailed in a copyright infringement case over R. Kelly’s “Love Letter” because the plaintiff’s song was not fixed in a tangible medium of expression.
Taylor Swift won a copyright infringement lawsuit over "Shake It Off" for the fifth time
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CCourt Decisions

Taylor Swift Prevails in Copyright Case—For the Fifth Time

  • byAaron Moss
A judge has dismissed the latest in a string of copyright infringement lawsuits over the lyrics to the Taylor Swift hit "Shake it Off."
The Ninth Circuit has rejected a fair use defense for the Dr. Seuss/Star Trek mashup "Oh, the Places You Will Boldly Go," finding that the work is not a parody and not otherwise transformative under the Copyright Act
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CCourt Decisions

No Fair Use Defense for Dr. Seuss/Star Trek Mashup

  • byAaron Moss
The Ninth Circuit's fair use ruling is an early Christmas present for copyright owners and a lump of coal for creators of unauthorized mash-ups that don't ridicule the original works.
A community swim team has been awarded over $120,000 in attorneys' fees for successfully defeating a claim for copyright infringement
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CCourt Decisions

Court Awards $122K in Attorneys’ Fees to Nonprofit Swim Team After Copyright Win

  • byAaron Moss
The Court finds that "leveling exorbitant settlement demands at nonprofits and public schools does not advance the purposes of the Copyright Act" after the plaintiff demanded $25,000 for a single Twitter post to a community swim account followed by 44 people.
Copyright Termination and Loan-Out Corporations, Revisited
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CCourt Decisions

Copyright Termination and Loan-Out Corporations, Revisited

  • byAaron Moss
How a common entertainment industry tax planning tool may prevent artists and their heirs from utilizing the Copyright Act’s termination provision.
A copyright Infringement lawsuit by Randy Orton's tattoo artist against Take-Two Interactive and WWE is sent to trial
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CCourt Decisions

Tattoo Feud: Artist’s Copyright Case (Inexplicably) Sent to Trial

  • byAaron Moss
In a decision with frightening implications, a court in Illinois holds that a jury will decide whether Randy Orton's tattoo artist can control the use of the wrestler’s image in video games.
A lawsuit alleging that "Prank Encounters" infringes the copyright in "Scare Tactics" will proceed
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CCourt Decisions

Court Allows Copyright Case Against Hidden Camera Prank Show to Proceed

  • byAaron Moss
A judge rules on a motion to dismiss copyright infringement claims brought by the co-creator of "Scare Tactics" against his former business partner and the producer of "Prank Encounters," another hidden camera prank/scare show.
Copyright Infringement for Reposting on Social Media
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CCourt Decisions

Social Media Reposting and the “De Minimis Defense”

  • byAaron Moss
Fashion designer Elie Tahari was found liable for copyright infringement after reposting a street style photo of one of its outfits on social media. It's a common practice, but that doesn't necessarily mean it's legal.
Nicki Minaj prevails on fair use claim against Tracy Chapman on summary judgment
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CCourt Decisions

Nicki Minaj’s Creation of New Recording Based on Tracy Chapman Song Deemed Fair Use

  • byAaron Moss
After finding a triable issue of fact on whether Nicki Minaj was responsible for leaking "Sorry" to a New York DJ, the court holds that Minaj's initial creation of her derivative song did not infringe Tracy Chapman's copyright in "Baby Can I Hold You."
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