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Dorsey & Whitney LLP

UPDATE: Success for “Success Kid” before the Eighth Circuit in Copyright Dispute

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A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The...more

McDermott Will & Emery

Even Free Libraries Come With a Cost

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The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

A&O Shearman

Overview of the U.S. copyright office’s AI digital replicas (“deepfakes”) report

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Daren Orzechowski, Alex Touma, and Jack Weinert examine Part 1 of Artificial Intelligence Report on Digital Replicas, published by the U.S. Copyright Office on July 31, 2024. In the first quarter of 2023, the U.S....more

Lathrop GPM

Is there a Damages Limitation on Timely Copyright Claims? Supreme Court says: "No."

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On May 9, 2024, the United States Supreme Court clarified that the “Copyright Act entitles a copyright owner to recover damages for any timely claim.” This seemingly simple rule of law, however, rested on shaky ground as soon...more

Dorsey & Whitney LLP

Tattoo Toss-up - Artist’s Copyright Claims Fail Against NBA Video Game Publishers

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Tattoos and copyright law have once again crossed paths, as an Ohio jury recently concluded that the creators of the NBA 2K series had an implied license to use an artist’s designs that he tattooed on LeBron James. Even...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

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Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Perkins Coie

Recent Rulings in AI Copyright Lawsuits Shed Some Light, but Leave Many Questions

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The last few months have seen a flurry of activity in cases involving artificial intelligence (AI), including some of the first major rulings involving generative AI. Andersen et al. v. Stability AI Ltd. As we have...more

Weintraub Tobin

(Podcast) The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?

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The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode...more

Weintraub Tobin

The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?

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The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode...more

Robinson+Cole Class Actions Insider

Ninth Circuit Limits Attorneys’ Fees in Class Action Settlements

A recent Ninth Circuit decision clarified that the benefit to the class is the “touchstone for determining the reasonableness of attorneys’ fees in a class action.” Under this decision, the fee should not be based on the...more

Miller Nash LLP

The Accidental Infringer: What You Need to Know about Copyright When Using Photos from the Web

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You’ve received a letter from a lawyer saying that a photo you found online and uploaded to your website infringes a photographer’s copyright. Maybe you do nothing and wait to see if you get another letter. Maybe you take the...more

Vondran Legal

Are your website photos all licensed?

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Attorney Steve® Photo Infringement News for Real Estate Professionals - My law firm is a boutique intellectual property law firm with a strong focus on copyright issues, including photographs and drone videos.   We are...more

Kaufman & Canoles

TikTok Lawsuits Target Brands, Influencers

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The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more

Dorsey & Whitney LLP

Two More Comedians Added to Pandora Battle over Licenses to Perform Jokes

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Over his highly successful career, comedian Lewis Black has certainly done his share of hard work writing jokes. He also has copyrighted them. Now he and a host of other famous comedians are seeking compensation for the use...more

Mayer Brown

Developments in Copyright Law Affecting Tech Transactions

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This episode focuses on an IP right at the heart of many technology deals—copyrights. Mayer Brown partners Richard Assmus and Oliver Yaros and host Julian Dibbell will discuss some recent important changes in US and European...more

Weintraub Tobin

Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

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In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more

Weintraub Tobin

The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

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In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more

Saiber LLC

Southern District of New York Rejects Ninth Circuit’s Copyright Analysis Regarding Embedded Images

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In a recent case, Nicklen v. Sinclair Broadcast Group, Inc., the United States District Court for the Southern District of New York, rejecting the rationale of a case decided by the United States Court of Appeals for the...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

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In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

McAfee & Taft

Navigating the social media maze of copyright

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As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

Dorsey & Whitney LLP

Take Two: Photographer’s Copyright Suit Over Embedded Instagram Post is Revived

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We recently blogged about an April 2020 decision of the federal court for the Southern District of New York, which dismissed a copyright infringement suit brought by Stephanie Sinclair, a Pulitzer-Prize winning...more

Dorsey & Whitney LLP

First Circuit Shines Light on Murky Status of Copyright Sublicenses

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In a case of first impression at the appellate level, the First Circuit recently issued a decision highlighting that U.S. copyright law authorizes implied, not merely express, sublicenses of copyrighted works. Photographic...more

Dorsey & Whitney LLP

Music Public Performance Rights: Ignore That Licensing Offer from ASCAP or BMI at Your Peril

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In the music world, performance rights organizations (“PROs”) serve an intermediary function between songwriters and music publishers and third parties who perform the protected works publicly. Among the largest PROs in the...more

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