Posts Tagged: Copyright Litigation


Fixing Our Broken Small Claims System with the CASE Act

If our legal system worked properly, it would be easy enough for her to file for copyright infringement. But under our current claims system, high litigation costs …
By Isaac Rubin
3 days ago 2

Where Does Blockchain Fit in Digital Rights Management?

The lawsuit is the latest example of content creators chasing down a third party that does not directly infringe content but rather facilitates infringement through a combination …

Not So Blurred Lines

Some IP commentators love to hate the Blurred Lines music copyright decision. A primary critique has stoked unnecessary fear in musicians that the decision blurs the line …
By Sean O'Connor
1 month ago 2

The Unimagined Consequences of Star Athletica’s ‘Imaginative Separability’ Test

Like other opinions in the IP arena, the Supreme Court’s decision in Star Athletica v. Varsity Brands has created a new legal rule with limited practical …
By Doris Estelle Long
2 months ago 1

Bruno Mars, Warner Music Named Defendants in a Copyright Lawsuit Over Social Media Photo

On November 20th, both Peter Gene Hernandez, the American singer-songwriter-producer who goes by the professional name Bruno Mars, and New York City-based Warner Music Inc. were named …
By Steve Brachmann
3 months ago 1

Creators of This Is Spinal Tap sue Vivendi for $400M over breach of contract, declaratory judgment of copyright reversion claims

On Thursday, October 19th, the creators of the 1984 rock band mockumentary This Is Spinal Tap filed a second amended complaint against French mass media company Vivendi SA (…
By Steve Brachmann
4 months ago 0

Characters for Hire cite to Naked Cowboy in fighting Disney’s claims of copyright, trademark infringement

Characters for Hire also argued that the trademark infringement claims lacked the essential element of confusion. Citing to Naked Cowboy v. CBS, a case decided in Southern …
By Steve Brachmann
4 months ago 5

PETA, photographer settle copyright ownership of monkey selfie

A complaint was filed in the Northern District of California on behalf of Naruto, at the time a six-year-old crested macaque residing in the Tangkoko Reserve located …
By Steve Brachmann
5 months ago 3

District Court Applies New Supreme Court Product Design Standard to Light Bulbs

My intuition is that the judge came to the correct conclusion, but that the Supreme Court test ultimately did little to guide her thinking.  As I mentioned …
By Lee Burgunder
5 months ago 0

Trends in Copyright Litigation for Tattoos

An increasing trend in copyright infringement suits filed in the United States has tattoo artists bringing suit against entertainment entities, and in some cases against the tattoo …

Warner Bros. settles $80M copyright suit brought by Tolkien estate over LOTR online video and casino gambling games

On July 5th a federal judge entered an order granting the dismissal of a copyright case, which had been filed by the estate of famed English fantasy …
By Steve Brachmann
8 months ago 1

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …
By Amanda G. Ciccatelli
8 months ago 4

Spotify reaches $43.5M settlement over class action suit on unpaid royalties for copyrighted songs

The $43.5 million from the recent Spotify settlement will reportedly go towards a separate fund to compensate publishers and songwriters. Such payments made by Spotify and other streaming …
By Steve Brachmann
9 months ago 0

The Risks of Using Images for Commercial Purposes

Businesses were recently given a harsh reminder about the effects of failing to obtain permissions when using photography for commercial purposes when a California woman sued Chipotle …
By Amanda G. Ciccatelli
9 months ago 0

Does Star Athletica Raise More Questions Than it Answers?

The Supreme Court recently issued its decision in Star Athletica v. Varsity Brands, which addressed whether copyright protection can extend to the graphic designs depicted on cheerleading …
By Lee Burgunder
10 months ago 0