Deadly Dolls and a Forgotten Copyright Exception
Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case.
Kat Von D Tattoo Lawsuit Appears Headed to a Jury
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.
With Warhol, It’s Time to Transform Transformative Use
Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine.
In Defense of Copyright’s De Minimis Defense
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.
Are Courts Finally Getting Fed Up With Copyright Shakedowns?
Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models.
Is Copyright’s “Server Test” on Life Support?
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?
Breaking Down the Instagram Photo Embedding Class Action Lawsuit
In a new development in the ongoing legal saga over photo embedding, Instagram has been hit with a class action lawsuit. Do the plaintiffs have a case?
Is Rachel Dolezal Using Copyright to Erase History?
Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright?
Sofia Vergara Defaults, Ordered to Pay $750 for Instagram Infringement
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?
Kat Von D Sued for Copyright Infringement over Miles Davis Tattoo
In a new case, a photographer claims that celebrity tattoo artist Kat Von D infringed his copyright in a iconic photo of Miles Davis by tattooing the same image onto a client's body.