News & Analysis as of

Third-Party Copyright

Schwabe, Williamson & Wyatt PC

AI rise increases importance of IP audits

Having a clear view of your company’s patents, trademarks, copyrights and ‎trade secrets is a first step to protecting your intellectual property and ‎building a process to maximize new IP value.‎ It’s well known that a...more

Vondran Legal

YouTube enables Remix on short videos, but is it wise to use 3rd party audio?

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As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to...more

Wiley Rein LLP

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

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On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Weintraub Tobin

No CTRL-ALT-DEL in the 9th Circuit for the Server Test

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It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established...more

Weintraub Tobin

Is Warhol Bad for Documentarians?

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The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the...more

Holland & Knight LLP

Owner of Bored Ape NFTs Fends Off Challenges from Conceptual Artists

Holland & Knight LLP on

Yuga Labs Inc. (Yuga) – the creator and marketer of the well-known "Bored Ape Yacht Club" collection of nonfungible tokens (NFTs), referred to as Yuga Bored Ape images – filed a complaint in July 2022 against conceptual...more

Mintz Edge

Do You Have the Rights? How to Maintain Investor Confidence When Using Third-party Intellectual Property

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Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the...more

McDermott Will & Emery

Seeing Starz: No Damages Bar in Copyright Discovery Rule Case

The US Court of Appeal for the Ninth Circuit affirmed a district court’s denial of a motion to dismiss copyright infringement claims as barred by the statute of limitations, affirming the copyright owner’s right to sue even...more

Spirit Legal

Plötzlich Parteisympathisant: Fotos im modernen Meinungskampf

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Bilder für politische Werbung: Datenschutzrecht, Persönlichkeitsrecht, Urheberrecht – Politische Parteien können sich einer Vielzahl von Ansprüchen ausgesetzt sehen, wenn sie Fotos verwenden, ohne die Rechte hinreichend...more

Morrison & Foerster LLP - Social Media

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more

Saiber LLC

District of New Jersey Recognizes Good Cause for ISP to Provide Identity of Alleged Infringer Through Expedited Discovery, But...

Saiber LLC on

In a recent opinion, Strike 3 Holdings, LLC v. John Doe Subscriber (D.N.J. Oct. 6, 2021), the United States District Court for the District of New Jersey considered when a plaintiff may be granted leave to serve pre-Rule...more

Ruder Ware

Protecting Your Rights: Protecting Works Created by Employees and Independent Contractors

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Many businesses work hard and invest heavily to develop and protect their intellectual property rights, including trade secrets and proprietary processes, designs, and know-how. However, special rules apply in determining...more

Dunlap Bennett & Ludwig PLLC

Copyright Law: The “Works Made For Hire” Doctrine

Copyright laws were enacted to protect owners of creative works from others claiming or using a work as their own. A work is protected from the time it is created in a fixed form. If a creator produces a work, he is generally...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

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A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

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On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

McDermott Will & Emery

Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs

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The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more

Pillsbury Winthrop Shaw Pittman LLP

Licensing Content and Distribution for Virtual Business Activities, Entertainment and Events

Creation and distribution of content containing creative works belonging to third parties or implicating other third-party rights can easily run afoul of copyright and other laws in the shelter-in-place era. And the potential...more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

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The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

Foley & Lardner LLP

When Can a Company Be Liable for Its Vendor’s Copyright or Patent Infringement?: Hollywood Studios’ IP Headache

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The case of Rearden LLC et al. v. The Walt Disney Company et al., Nos. 3:17-cv-04006, 04191 & 04192 (N.D. Cal.), has been covered more in the Hollywood Reporter than in legal publications, but it is both a “Hollywood story”...more

Fish & Richardson

Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party...

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In the United States, copyright owners have a number of exclusive rights, including the right to publicly display a work of visual art. This would include, for instance, the right to post a copyrighted photograph on a...more

Burr & Forman

Two End-of-Year Federal Government Deadlines Approaching

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Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Womble Bond Dickinson

Best Practices for Using Third-Party Content on Your Company’s Website

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Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Hogan Lovells

Hyperlinking in Hamburg and Prague: How national courts apply GS Media

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On 8 September 2016, the European Court of Justice (CJEU) handed down judgment C-160/15 on the means of hyperlinking which caught quite some attention. It has become known as the GS Media decision. In essence, this CJEU...more

Hogan Lovells

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

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While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. ...more

McDermott Will & Emery

Iron Man Composer Battles Tech Giant Sony and Ghostface Killah

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The US Court of Appeals for the Second Circuit ruled in favor of the composer of the 1960s Iron Man theme song, finding material facts in dispute as to whether the song was commissioned as a work for hire. Jack Urbont v. Sony...more

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