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.
Kat Von D Tattoo Lawsuit Appears Headed to a Jury
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.
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?
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.