Lee Burgunder
Posts by Lee Burgunder
The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use
In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users
Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
ReDigi 2.0: The Legal Debates Regarding Digital Resale of Copyright Music Likely to Continue
Just after Capitol Records filed its complaint in this litigation, ReDigi launched a new service, called ReDigi 2.0. With ReDigi 2.0, customers would originally download iTunes music files directly …
District Court Challenges Legality of Embedding Copyrighted Content
On February 15, 2018 a New York district court judge – in Goldman v. Breitbart News Network – challenged the reasoning of Perfect 10, and she concluded that one who embeds content …
Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It
In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from …
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 …
Copyright Preemption in the Smart Phone Society: The Ninth Circuit Clouds the Picture in T3Media
There is no question that smart phones have transformed the social and economic structure of society, and the integration of increasingly effective cameras has helped spark the …
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 …
The Supreme Court May Give Product Designers Little to Cheer in Star Athletica
The Supreme Court granted certiorari this term in Star Athletica, L.L.C. v. Varsity Brands, Inc., which considers whether typical designs on cheerleading uniforms can be …