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.
Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models.
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.
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?
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 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 rules that the classic 1960 board game "The Game of Life" was created as a work made for hire. Here's why it matters.
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?
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 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?