13 May, 2024 Supreme Court Avoids Discovery Rule Fight in Copyright Lawsuit By Matt Braunel Michael Nepple If You Choose Not to Decide, You Still Have Made a Choice The Copyright Act’s three-year limitation period doesn’t limit damages to the...
25 Aug, 2023 Judge Rules AI-Generated Art Is Not Copyrightable By Michael Parks Matt Braunel Alex Weidner In an August 18, 2023 decision, a judge ruled that works generated by artificial intelligence (AI)[1] are not copyrightable. This may...
22 Aug, 2023 Instagram's Embedding Tools and Copyright: Ninth Circuit's Ruling Explained By Michael Nepple Instagram isn’t liable for copyright infringement because it provides embedding tools that allow third-party websites to retrieve and...
23 May, 2023 Sign o’ the Times? Supreme Court decides Andy Warhol’s Prince silkscreen is not a fair use By Michael Nepple In a 7-2 decision, the Supreme Court found that an Andy Warhol silkscreen of the singer Prince, sourced from an original Lynn Goldsmith...
10 Apr, 2023 News reporting use of insurrection photo held to be fair use By Mark Sableman Michael Nepple xThis may be news to the photographers who continue to make claims against news organizations, but use of photographs in news reporting...
23 Feb, 2023 Mural copyrights: Yes, it’s a thing! Don’t end up with paint on your face By Brendan Bement Matthew Hafter The recent decision in Petersen v. Diesel Power Gear [1] highlights the risks to executives and owners of any business that engages in...
03 Mar, 2022 Supreme Court excuses copyright application mistake By Mark Sableman Michael Nepple Patent and trademark applicants need to be pretty careful in their registration applications, but the Supreme Court has made things a bit...
30 Dec, 2021 Photo publisher’s checklist: Seven New Year’s legal resolutions for your website By Jennifer Visintine Michael Nepple Mark Sableman Here are seven resolutions – not including the obligatory “get in shape” or “be more organized” – that you may want to consider for 2022....
24 Sep, 2021 No more half measures: pleading infringer knowledge in contributory copyright infringement claims By Michael Nepple A California judge has dismissed the copyright infringement and Digital Millennium Copyright Act (DMCA) claims of a photographer who sued...
03 Aug, 2021 Too infringing to bear: NY court sides with photographer in suit over embedded image By Michael Nepple Social media platforms make it easy to embed photos or videos that appear on their sites. For example, Instagram and Facebook’s embedding...
18 May, 2021 Contributory copyright infringement: Can you ever know what you don’t know? By Michael Nepple At its core, indirect copyright infringement requires direct infringement, plus an indirect infringer who knew of it, and either...
28 Mar, 2021 Hard-fought copyright case produces just $750 award By Michael Nepple This article has been updated as of April 1, 2021.Oscar Wilde said, “there are only two tragedies in life: one is not getting what one...
29 Dec, 2020 Substantial changes to trademark and copyright law tucked away in recent stimulus package By Matt Braunel David Jinkins The 5,593 page Consolidated Appropriations Act, 2021 (“Act”) that Congress passed in the days before the holiday is largely touted as a...
06 Nov, 2020 Game, set, match: Sometimes the photo is the story By Michael Nepple A news organization can fairly use a copyrighted photo from an Instagram post when the social media post is itself a key element of the...
14 Oct, 2020 Graffiti artists see victory under Visual Artists Rights Act claim By Michael Nepple A multi-million dollar verdict in favor of New York graffiti artists is now final. We previously wrote about the case when first filed in...
16 Sep, 2020 Not a bargain at twice the price: Court awards attorneys’ fees to victorious copyright defendant By Michael Nepple Most lawsuits in the United States follow the American Rule: win or lose, each party pays their own attorney. The Copyright Act is...