Court Decisions Archives

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?

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.

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

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.

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

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.

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.

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.

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

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

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

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.

Court Decisions

Copyright Termination and “Harmless Error”

Court Tosses “Stuttering John” Lawsuit Based on Copyright Preemption

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

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

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

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

No Copyright Claim in Song Based on Unfixed Phone Conversation

Taylor Swift Prevails in Copyright Case—For the Fifth Time

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

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

Is Trump Office’s Use of the Great Seal Legal?

The Copyright Myth Project

Copyright Registration for Blogs and Social Media Posts Now in Effect—But Here’s Why You May Not Qualify

Is it Fair Use to Reproduce Out-of-Print Seuss?