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.
A “Game of Life” That Can’t Be Terminated
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.
It’s the End of Google v. Oracle (And I Think I Feel Fine)
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?
Warhol’s “Prince Series” Isn’t Fair Use, But What Is?
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.
Sofia Vergara Defaults, Ordered to Pay $750 for Instagram Infringement
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?