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Court Decisions

30 posts

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

In a long-awaited decision, the court allows Cher's royalty lawsuit to proceed despite copyright termination notices from Sonny Bono's heirs.
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CCourt Decisions

The Beat (And Cher’s Lawsuit) Go On With New Ruling in Bono Copyright Dispute

  • byAaron Moss
In a long-awaited decision, the court allows Cher's royalty lawsuit to proceed despite copyright termination notices from Sonny Bono's heirs.
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.
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CCourt Decisions

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

  • byAaron Moss
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.
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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.
Section 113(c) of the Copyright Act is a useful but underutilized defense that could have changed the outcome of a recent copyright infringement case involving the Deadly Doll clothing brand
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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.
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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.
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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
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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.
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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.
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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?
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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?
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Some Supreme Court opinions are scheduled to be released tomorrow and Wednesday. There’s a decent chance the Warhol… https://t.co/OzkhQO0Wpb
yesterday
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