Over in Europe, the Court of Justice of the European Union (CJEU) has been hyperactive in the area of hyperlinking and copyright, at least as compared with the United States. The CJEU issued a much-anticipated ruling in September concerning hyperlinking’s legality in GS Media v Sanoma Media Netherlands and Others (C-160/15). It held that posting … Continue Reading
A Loss for FilmOn. FilmOn.com Inc., a company that offers a service identical to the one held infringing by the Supreme Court in Aereo, tried to argue that it should be treated like a cable company. The district court disagreed and this week the Second Circuit also agreed, and sanctioned FilmOn for failing to abide … Continue Reading
Fox News and North Jersey Media Group have announced they have settled their copyright dispute over the use of the iconic photo taken in the aftermath of 9/11, “Raising the Flag at Ground Zero,” that was posted on Facebook by Fox News. And so it appears we will not get the jury’s guidance on the … Continue Reading
In the coming days, a trial is set to begin in the Southern District of New York in the case of North Jersey Media Group Inc. v. Jeanine Pirro. The case raises interesting questions about “fair use” in copyright and the use of photos as part of a social media conversation. The controversy began when … Continue Reading
It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of photographs posted on social media. He is being sued on one of the 37 … Continue Reading
It is not the first time artist Richard Prince has made headlines for appropriating others’ artwork into his own without attribution or license. But this time, he has done so in a way that may have implications on the use of photographs posted on social media. He is being sued on one of the 37 … Continue Reading
No matter how graceful the flow or beautiful the poses may be, the Federal Appeals Court for the Ninth Circuit held that Bikram Choudhury’s sequence known as Bikram Yoga – 26 poses performed in the same order over 90 minutes at temperatures around 100°F – is not within the subject matter of copyright. The decision … Continue Reading
No matter how graceful the flow or beautiful the poses may be, the Federal Appeals Court for the Ninth Circuit held that Bikram Choudhury’s sequence known as Bikram Yoga – 26 poses performed in the same order over 90 minutes at temperatures around 100°F – is not within the subject matter of copyright. The decision … Continue Reading
Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital Millennium Copyright Act (“DMCA”). Moreover, a copyright owner that fails to conduct a fair use analysis prior to sending a DMCA … Continue Reading
Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital Millennium Copyright Act (“DMCA”). Moreover, a copyright owner that fails to conduct a fair use analysis prior to sending a DMCA … Continue Reading
Last week, the United States Court of Appeals for the Federal Circuit reviewed a TTAB decision that had refused outdoor apparel company Jack Wolfskin’s application to register its paw print logo. Jack Wolfskin Ausrustung fur Draussen GmBH & Co. KGaA v. New Millennium Sports SLU, 14-1789 (Fed. Cir. August 19, 2015). New Millennium Sports SLU … Continue Reading
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading
Editor’s Note: This blog post is a joint submission with BakerHostetler’s Data Privacy Monitor blog. New York Partner Fernando A. Bohorquez, Jr. and Associate Alan Pate today published “All Native Advertising is Not Equal — Why that Matters Under the First Amendment and Why it Should Matter to the FTC” in the Media Law Resource … Continue Reading
In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely stated that Hadeed provided poor service. Hadeed allegedly could not locate the reviewers in its customer database and believed them to … Continue Reading
In 2012, a local rug cleaning company in Virginia, Hadeed Oriental Rug Cleaning (“Hadeed”), filed a defamation action against the authors of seven critical reviews it received on Yelp, indicating that the reviews falsely stated that Hadeed provided poor service. Hadeed allegedly could not locate the reviewers in its customer database and believed them to … Continue Reading
It was the ad video gone viral of three young girls proudly showing off their elaborate Rube Goldberg machine made of repurposed pink toys. They sang “it’s time to change, we deserve to see a range” and called for girls “to code the new apps” and “to grow up knowing that they can engineer that.” … Continue Reading
It was the ad video gone viral of three young girls proudly showing off their elaborate Rube Goldberg machine made of repurposed pink toys. They sang “it’s time to change, we deserve to see a range” and called for girls “to code the new apps” and “to grow up knowing that they can engineer that.” … Continue Reading
On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books—the project through which Google provides access to over twenty million books to the public—obtained some of its books from libraries without permission from the copyright owners. … Continue Reading
On November 15, Judge Chin of the Southern District of New York issued a long-awaited decision in the Google Books case, Authors Guild, Inc. v. Google Inc. Google Books—the project through which Google provides access to over twenty million books to the public—obtained some of its books from libraries without permission from the copyright owners. … Continue Reading
After the Second Circuit ruling in Cariou v. Prince, which we wrote about on this blog here, photographer Patrick Cariou felt that the decision was too subjective, calling it an “I know it when I see it” approach for determining when a work is transformative—or, in other words, when a work that appropriates copyright material … Continue Reading
After the Second Circuit ruling in Cariou v. Prince, which we wrote about on this blog here, photographer Patrick Cariou felt that the decision was too subjective, calling it an “I know it when I see it” approach for determining when a work is transformative—or, in other words, when a work that appropriates copyright material … Continue Reading
Authored by: Fernando A. Bohorquez and Alan M. Pate Available here, courtesy of our sister site the Data Privacy Monitor. Editor’s Note: This blog post was originally published on September 11, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission.… Continue Reading
Authored by: Judy A. Selby and C. Zachary Rosenberg On July 11, 2013, the Central District of California held that a liability insurer is not required to reimburse its insured for costs arising out of a breach of contract class action claim. Screen Actors Guild Inc. v. Federal Ins. Co., No. CV-11-07123 DMG (VBKx) (July … Continue Reading
On June 6, the Social Media Committee of the Commercial and Federal Litigation Section of the New York State Bar Association will host a Continuing Legal Education program at BakerHostetler’s New York office. New York Partners Jason Oliver and Fernando Bohorquez and Associates Maryanne Stanganelli and Jessie Kuhn are part of the committee sponsoring the panel. … Continue Reading
