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Court Decisions

34 posts

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

A comparison of Lynn Goldsmith's original photo of Prince with Warhol's "Orange Prince"
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CCourt Decisions

Let’s Go Hazy: Making Sense of Fair Use After Warhol

  • byAaron Moss
Five things to know about the Supreme Court's new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith
A jury found in favor of Ed Sheeran in the singer's federal court copyright trial over "Thinking Out Loud"
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CCourt Decisions

Sheeran Wins Copyright Trial On Independent Creation

  • byAaron Moss
The jury has spoken: Ed Sheeran's "Thinking Out Loud" doesn't infringe the copyright in Marvin Gaye's "Let's Get It On."
Serial copyright plaintiffs beware: the discovery rule may not excuse late-filed infringement claims brought by "seasoned litigators."
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CCourt Decisions

Court Grounds Copyright Frequent Flyer Over Statute of Limitations

  • byAaron Moss
Serial copyright plaintiffs beware: the discovery rule may not excuse late-filed infringement claims brought by "seasoned litigators."
The future of "controlled digital lending" is in doubt after a court rules that the Internet Archive's online library is not protected by fair use.
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CCourt Decisions

Internet Archive Loses Lending Lawsuit: What Happened, and What’s Next?

  • byAaron Moss
The future of "controlled digital lending" is in doubt after a court rules that the Internet Archive's online library is not protected by fair use.
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.
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Also, no copyright in the sound recording = what royalties? https://t.co/mzgTfsVlH2
5 days ago
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