The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince -
On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more
On February 24, 2022, the U.S. Supreme Court held in a 6-3 decision that an error in an application for copyright registration can invalidate a registration only where the applicant has actual knowledge of or is willfully...more
In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more
In its "first full analysis" of whether section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is… achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more
Last week, the 2nd Circuit published an opinion that resolved several significant copyright issues, including conflicts concerning the discovery rule, the recovery of damages accrued before the Copyright Act's three-year...more
The Supreme Court held on March 4 that a copyright owner may not file a lawsuit alleging infringement without first securing a registration from the Copyright Office. The opinion resolves a longstanding split in federal...more
December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more
Earlier this month, the Ninth Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act if its moderators help select...more
The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal...more
The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary...more