Posts in Copyright


Photographer’s SCOTUS Petition Argues State School Liable Under Takings Clause for Copyright Infringement

On November 15, Houston-area aerial photographer Jim Olive Photography filed a petition for writ of certiorari asking the U.S. Supreme Court to take up an appeal from …
By Steve Brachmann
7 days ago 1

Stars, Paparazzi, and the Puzzling Law of Copyrights

Picture this: A paparazzo snaps an unauthorized photo of a celebrity and sells it to a media outlet, making a tidy profit. As unfair as that may …

Tarantino Pulp Fiction Dispute Spotlights the Contentious Relationship between NFTs and IP Rights

Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungible tokens (…
By Bruce Berman
11 days ago 4

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted …
By Kayla O'Leary & John Cordani
12 days ago 1

Tai Tells Tillis Support for COVID-TRIPS Waiver is Not Political but Based on ‘Extraordinary Circumstances’ of the Pandemic

Following four letters sent by Senator Thom Tillis (R-NC) to United State Trade Representative (USTR) Katherine Tai regarding the proposed waiver of intellectual property rights under the …
By Eileen McDermott
17 days ago 12

Cloudflare Tests Limits of Contributory Copyright Infringement

One recurring thorn in the side of copyright owners is Cloudflare, the San Francisco-based web performance, optimization, and security company. Cloudflare offers many services to its customers, …
By Devlin Hartline
18 days ago 0

Justices Express Frustration Over Question Presented in Unicolors v. H&M, But Lean Toward Preserving Copyright Registrations

The U.S. Supreme Court heard oral argument today in Unicolors v. H&M. The case asks the Court to decide whether the Ninth Circuit properly construed …
By Eileen McDermott
21 days ago 1

Copyright and Translated Content: Who is the Creator?

Copyright law protects artistic works. That includes literary pieces like novels, poems and other literary pieces. The original author is the one who owns the copyright of …
By Ofer Tirosh
26 days ago 5

Creator Frustration Over TikTok Reflects System Weaknesses—Both Racial and Copyright

Millions of content creators hoping to establish a cash machine on platforms like TikTok, YouTube and Instagram are learning that it takes more than lively moves and …
By Bruce Berman
1 month ago 3

SCOTUS Grants Government’s Request to Participate in Case Interpreting PRO IP Act Language on Copyright Invalidation

The U.S. Supreme Court today granted a motion made by the Acting U.S. Solicitor General to participate in oral argument as an amicus in the …
By Eileen McDermott
2 months ago 0

Senator Tillis Letter to Ambassador Tai: TRIPS Waiver (Copyright)

Dear Ambassador Tai: I write you again today for the fourth time about the Biden Administration’s waiver of international obligations under the Trade-Related Aspects of Intellectual …
By Senator Thom Tillis
2 months ago 5

Beware the Shadow Statute: ALI’s Copyright Restatement Project is Quite the Fright

American creators know how to celebrate Halloween: Whether they’re writing a mystery novel, shooting a horror movie, or painting a calavera, they’re a huge part …
By Frank W. Cullen Jr.
2 months ago 0

Second Circuit Copyright Ruling Affirms Independent Contractor Status for Friday the 13th Author

On September 30, the U.S. Court of Appeals for the Second Circuit issued a ruling in Horror Inc. v. Miller in which the appellate court affirmed a …
By Steve Brachmann
2 months ago 1

Roblox is Latest Online Platform to Settle NMPA Copyright Claims with Collaborative Music Licensing Agreement

On September 27, the National Music Publishers’ Association (NMPA) and online game platform provider Roblox announced that the two parties had settled ongoing copyright litigation in the Central …
By Steve Brachmann
2 months ago 0

Epic Sports Petitions Fifth Circuit for Rehearing En Banc in Texas A&M ‘12th Man’ Copyright/ Takings Clause Case

On September 22, publishing company Canada Hockey L.L.C., doing business as Epic Sports, and Michael Bynum, a sportswriter and editor, filed a petition for rehearing en …
By Steve Brachmann
2 months ago 0