Tag Archives: fair use

Creative, But Perhaps Too Creative, Lawyering

By Lindsey Shoshany on Posted in Uncategorized
U.S. District Judge Rakoff ruled on whether copying legal filings amounts to copyright infringement.  His verdict: it does not.  Judge Rakoff granted summary judgment to defendants Lexis and Westlaw, dismissing plaintiffs’ allegation that reposting legal documents infringed plaintiffs’ copyrights.  Though the Court’s Order does not state the basis for the ruling, the defendants argued that the … Continue Reading

Google Responds to Suit by Hendrix Photographer Against It and Mr. Brainwash

By Maryanne Stanganelli on Posted in Uncategorized
Last month, Google, Inc. responded to the Third Amended Complaint of Jim Marshall Photography, LLC against Thierry Guetta, Guetta’s affiliated company It’s a Wonderful World, Inc., Google, Inc. and John Doe defendants in the United States District Court for the Central District of California.  Google denied the claims of copyright infringement and contributory and vicarious copyright infringement … Continue Reading

The Use and the Fury: Faulkner Estate’s New Enforcement Efforts

Photo of Oren J. WarshavskyBy Jessie Schweller and Oren J. Warshavsky on Posted in Copyright, Fair Use, Trademark
In a pair of lawsuits filed about a week ago, Faulkner Literary Rights, LLC (“Faulkner Literary”), the owner of the literary rights to the late William Faulkner’s works, sued Sony Picture Classics (“Sony”), as well as Northrop Grumman Corporation (“Northrop Grumman”) and Washington Post Company (“Washington Post”) in the federal district court for the district … Continue Reading

The Use and the Fury: Faulkner Estate’s New Enforcement Efforts

Photo of Oren J. WarshavskyBy Jessie Schweller and Oren J. Warshavsky on Posted in Uncategorized
In a pair of lawsuits filed about a week ago, Faulkner Literary Rights, LLC (“Faulkner Literary”), the owner of the literary rights to the late William Faulkner’s works, sued Sony Picture Classics (“Sony”), as well as Northrop Grumman Corporation (“Northrop Grumman”) and Washington Post Company (“Washington Post”) in the federal district court for the district … Continue Reading

Second Circuit to Rule on Whether Oprah Owns Her Power to Use Phrase

By Maryanne Stanganelli on Posted in Uncategorized
The October 2010 issue of O Magazine graced stands bearing a host of motivational commands:  “Tap Into Your Strength,” “Unlock Your Inner Superstar,” “Focus Your Energy,” “Let Your Best Self Shine,” and—most prominently—“Own Your Power.”  The issue promoted a sponsored event called “Own Your Power,” described as a panel discussion about power.  Afterwards, the Oprah … Continue Reading

Ninth Circuit to Consider the Impact of Viacom

Photo of Oren J. WarshavskyBy Oren J. Warshavsky on Posted in Uncategorized
The Court of Appeals for the Ninth Circuit Court might re-examine the Digital Millennium Copyright Act (the “DMCA”) copyright infringement safe harbor standards.  The Ninth Circuit ruled last year in UMG vs. Veoh, a case dealing with user-uploaded music videos, that Veoh, a video-sharing website was protected under the safe harbor provision of the DMCA.  Now, … Continue Reading

Creative Lawyering

By Lindsey Shoshany on Posted in Uncategorized
Legal databases Lexis and Westlaw have come under fire in a recent suit before the Southern District of New York, filed on behalf of attorneys and their law firms. In the claimed class action, Plaintiffs demand injunctive relief as well as actual and statutory damages for the violation of their copyright.  The copying at issue is that of an attorney’s legal filings themselves.  Namely, an attorney’s … Continue Reading

Online news aggregation service under fire: will Meltwater melt?

By Maryanne Stanganelli on Posted in Uncategorized
The latest battle over online content involves not music or movies, but the news. On February 14, 2012, the Associated Press filed a complaint in the Southern District of New York against Meltwater, an online news monitoring service, alleging copyright infringement and “hot news” misappropriation, an incredibly narrow doctrine that had previously seen something of … Continue Reading
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