fbpx
Copyright Lately
  • HOME
  • ABOUT
  • RESOURCES
  • SUBSCRIBE
  • CONTACT
  • HOME
  • ABOUT
  • RESOURCES
  • CONTACT
Copyright Lately
Subscribe

Browsing Category

Court Decisions

25 posts

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

In a ruling in the Kat Von D tattoo copyright lawsuit, the district court largely denies both parties' motions for summary judgment, finding triable issues on substantial similarity and fair use.
Read More
CCourt Decisions

Kat Von D Tattoo Lawsuit Appears Headed to a Jury

  • byAaron Moss
In a 30-page order, the district court largely denies both parties' motions for summary judgment, finding triable issues on substantial similarity and fair use.
Richard Bell's photograph was at the center of a Ninth Circuit case rejecting copyright's de minimis defense
Read More
CCourt Decisions

In Defense of Copyright’s De Minimis Defense

  • byAaron Moss
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.
Copyright Trolls: Recent court decisions in copyright cases suggest that courts are losing patience with those who bring infringement claims as part of their business models.
Read More
CCourt Decisions

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

  • byAaron Moss
Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models.
A magistrate judge has found that the new version of the Phillies’ mascot falls within the “derivative works exception” to copyright termination.
Read More
CCourt Decisions

Judge Recommends Approving New Phanatic Mascot Despite Termination

  • byAaron Moss
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?
Read More
CCourt Decisions

Is Copyright’s “Server Test” on Life Support?

  • byAaron Moss
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?
As a new case involving Dwight Yoakam illustrates, successfully serving a copyright termination notice is fraught with potential pitfalls, and mistakes come easy and often. Can the "harmless error" doctrine save the day?
Read More
CCourt Decisions

Copyright Termination and “Harmless Error”

  • byAaron Moss
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?
The SDNY 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.
Read More
CCourt Decisions

Court Tosses “Stuttering John” Lawsuit Based on Copyright Preemption

  • byAaron Moss
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.
The First Circuit ruled that the classic 1960 board game "The Game of Life" was created as a work made for hire, which means it isn't subject to copyright termination
Read More
CCourt Decisions

A “Game of Life” That Can’t Be Terminated

  • byAaron Moss
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.
Read More
CCourt Decisions

It’s the End of Google v. Oracle (And I Think I Feel Fine)

  • byAaron Moss
The Supreme Court's long-awaited decision finds that Google's copying of Oracle's Java API was fair use. Should creators of more traditional content be concerned?
The Second Circuit held that Andy Warhol's "Prince Series" did not make fair use of photography Lynn Goldsmith's photo of Prince
Read More
CCourt Decisions

Warhol’s “Prince Series” Isn’t Fair Use, But What Is?

  • byAaron Moss
In a retreat from its Cariou decision, the Second Circuit finds that Andy Warhol's use of a Lynn Goldsmith photo of the pop icon Prince isn't transformative. But lots of questions remain.
Follow Us
Popular Posts
  • Actor Christopher Walken painted over a Banksy original on "The Outlaws." Could the street artist claim a violation of his moral rights?
    Could Banksy Sue Christopher Walken Over Destroyed Artwork?
  • 5 Worst Copyright Decisions of 2021
    The 5 Worst Copyright Decisions of 2021
  • HitPiece, a NFT site purporting to sell music-related NFTs, has drawn the anger of artists, labels and fans
    Is HitPiece the Fyre Festival of NFT Startups?
  • Was Mark Twain a "Bad Art Friend"? More than a century before feuds over kidney donation stories captivated the internet, Mark Twain and his friend Edward House battled over a stage adaptation of “The Prince and the Pauper.”
    Was Mark Twain the Original “Bad Art Friend”?
  • Comedians and other spoken word authors are seeking the same streaming royalties paid to songwriters, but an impasse has led to the removal of their works from Spotify.
    It’s No Laughing Matter As Spotify Removes Comedy Tracks
Recent Tweets
avatar
Aaron Moss
@copyrightlately
1K Following
1K Followers
The woman who would have been my grandmother died when my dad was 12 years old from a botched illegal back alley ab… https://t.co/8u2v4zBwYn
5 days ago
  • Reply
  • 2 Retweet
  • Favorite
I thought maybe the fact that the opinion was leaked six weeks ago would prepare me more for when it actually hit.… https://t.co/E9TI2Mxf6I
6 days ago
  • Reply
  • 1 Retweet
  • Favorite
Follow
Categories
  • Court Decisions
  • Law Law Land
  • Legal Filings
  • Legislation
  • Lists
  • Q&A
  • Weird Stuff
  • What's the Deal?
Search
Subscribe to Our Newsletter

Please subscribe for EXCLUSIVE content and the latest copyright news!

Copyright Lately

COPYRIGHT © 2022 AARON MOSS
ALL RIGHTS RESERVED

PRIVACY POLICY