Court Decisions Archives

An Illinois federal jury awarded Catherine Alexander only $3,750 in damages for Take-Two Interactive and WWE's use of her tattoos to depict Randy Orton's likeness in video games, but the implications of the ruling go much further.

An Illinois federal jury awarded Catherine Alexander only $3,750 in damages for Take-Two Interactive and WWE's use of tattoos she made for Randy Orton in their video games, but the implications of the ruling go much further.

In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can control the use of Randy Orton's likeness in video games.

CCourt Decisions

Take-Two Tattoo Trial Begins: What You Need to Know

byAaron Moss

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.

CCourt Decisions

Deadly Dolls and a Forgotten Copyright Exception

byAaron Moss

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case.

A transformative image by Aaron Moss featuring elements of Velvet Underground's Album featuring Andy Warhol's banana duct taped to the cover.

WWeird Stuff

Court Slips Up in Duct-Taped Banana Copyright Case

byAaron Moss

A banana taped to a wall may qualify as art, but as a copyright infringement lawsuit it should have been left to rot.

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.

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

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.

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.

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.

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?

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?

Court Decisions

Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech

Take-Two Tattoo Trial Begins: What You Need to Know

Deadly Dolls and a Forgotten Copyright Exception

Court Slips Up in Duct-Taped Banana Copyright Case

Kat Von D Tattoo Lawsuit Appears Headed to a Jury

In Defense of Copyright’s De Minimis Defense

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

Judge Recommends Approving New Phanatic Mascot Despite Termination

Copyright Termination and “Harmless Error”

Public Domain Day 2023 is Coming: Here’s What to Know

Is HitPiece the Fyre Festival of NFT Startups?

How to Avoid Pitfalls on the Way to Decentralized Disney

5 Things the Media Should Have Reported About Hawley’s Copyright Bill

The Copyright Legacy of Martin Luther King

Aaron Moss