31 Dec, 2021 Taylor Swift Can't Catch a Break, Break, Break, Break ... By Brian Murphy Taylor Swift just can't ... give it the slip ... skip out on it ... pay no mind to it ... Oh, Jiminy Cricket. I'm just going to say it....
22 Dec, 2021 Instagram Strikes Again: Users Can Now Disable Embedding By Craig Whitney The embedding saga continues. The right to embed another's photo or video that was posted on social media has been one of the most hotly...
22 Dec, 2021 Fox News Can't Dismiss Dominion's $1.6B Defamation Suit By Nicole Bergstrom A recent decision out of the Delaware Superior Court explores the line between breaking news and defamation. Dominion Voting Systems was...
20 Dec, 2021 Vegan Dog Treats and Copyright By Brian Murphy Chef Chloe Coscarelli - the first vegan chef to be crowned a winner on the Food Network’s Cupcake Wars - has been waging a years-long,...
16 Dec, 2021 Arial Photographer's Copyright Complaint Survives Motion to Dismiss. By Brian Murphy "Oppenheimer is a professional photographer and, it seems, a professional litigant." And so begins another opinion about another...
12 Dec, 2021 An End-of-Year Update: Borat, Liebowitz, the Houston Astros and the Vineyard Porn Case By Edward H. Rosenthal As we approach the end of 2021, here is an update on a few of the cases and matters I have blogged about over the past year or so. In...
12 Dec, 2021 Copyright dispute over Warhol's "Prince Series" makes it way to the Supreme Court By Caren Decter The copyright battle over Andy’s Warhol’s “Prince Series” has made its way up to the Supreme Court. This week, the Andy Warhol Foundation...
07 Dec, 2021 Ninth Circuit Affirms Holding that "You Raise Me Up" is Not Substantially Similar to "Söknuður" By Brian Murphy In an unpublished, summary decision, a panel of the Ninth Circuit affirmed the lower court’s determination that the composition You Raise...
06 Dec, 2021 Like Buttah: A Copyright Dispute Over Ownership of Contributions to a High-End Baking Website By Brian Murphy Thebutterbook.com is (according to the site) a "baking platform with video recipes designed to inspire sweet and delicious creations in...
19 Nov, 2021 Alex Jones' Failure to Produce Documents Leads to Defaults in Sandy Hook Suits By Nicole Bergstrom On Monday, a Connecticut court found Alex Jones liable for defamation in claims brought by the families of eight people killed in the...
18 Nov, 2021 NFTs x Entertainment Litigation: Miramax Sues Quentin Tarantino Over Pulp Fiction NFT Drop By Jeremy Goldman Update: On December 9, 2021, Quentin Tarantino answered the complaint, with a scathing introduction that brandishes Miramax as "a shell...
12 Nov, 2021 Video Game Law: Can Parents Who Have Not Signed a Subscriber Agreement be Parties to the Arbitration Provision? By Saphya Council Yes, according to the court in Wolfire Games, LLC et al v. Valve Corporation (W.D. Wash. 2021). In that case, a class action of...
08 Nov, 2021 Did Country Rap Artist UpChurch Infringe Copyright and Violate VARA When He "Shot to Hell" an Artist's Paintings ... with Bullets? By Brian Murphy Plaintiff Jacob Aaron Leveille is a visual artist who lives in Florida. (You can check out his work on Instagram.) Defendant Ryan Edward...
26 Oct, 2021 Precedential TTAB Decision Establishes Lower Standard for a Finding of Fraud on the USPTO By Kristina D'Angelo In a recent precedential decision, the Trademark Trial and Appeal Board established that “reckless disregard” satisfies the requisite...
05 Oct, 2021 When is Music in Political Campaigns Transformative? SDNY Judge Rejects Trump's Fair Use Arguments By Glenda Dieuveille Political candidates have long used pop songs in their visual and audio campaign materials. For example, anytime I hear Katy Perry’s hit...
04 Oct, 2021 California Court Dismisses Loot Box Class Action Against Mobile Game Developer By Saphya Council Two weeks ago, a California federal court dismissed another case involving claims arising from loot boxes. The named plaintiff, Peter...