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De Minimis Use

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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.
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.
A copyright Infringement lawsuit by Randy Orton's tattoo artist against Take-Two Interactive and WWE is sent to trial
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CCourt Decisions

Tattoo Feud: Artist’s Copyright Case (Inexplicably) Sent to Trial

  • byAaron Moss
In a decision with frightening implications, a court in Illinois holds that a jury will decide whether Randy Orton's tattoo artist can control the use of the wrestler’s image in video games.
Copyright Infringement for Reposting on Social Media
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CCourt Decisions

Social Media Reposting and the “De Minimis Defense”

  • byAaron Moss
Fashion designer Elie Tahari was found liable for copyright infringement after reposting a street style photo of one of its outfits on social media. It's a common practice, but that doesn't necessarily mean it's legal.
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