11 Nov, 2024 Can You Avoid Copyright Claims By Modifying Props Used in Your Ads? By Brian Murphy In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems...
16 Aug, 2024 Predictably, an Oral License to Use Beat Track in Song Results in Copyright Infringement Case By Brian Murphy Plaintiff Brian White is a professional musician who writes and records beat tracks that he sometimes licenses to other artists. (We Got...
29 May, 2024 Tenth Circuit Refuses to Award Profits Under Copyright Act for Unauthorized Use of Photo in Ad By Brian Murphy I Dig Texas (IDT) and Creager Services (Creager) are competitors that sell attachments for skid steer loaders, a type of heavy machinery...
13 Nov, 2023 The Generative AI Journey Continues By Brian Murphy When it comes to tech powered by generative AI, we are on the verge of a Cambrian Explosion, a period during which we can expect an...
27 Oct, 2023 Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
20 Oct, 2023 Advertiser That Tells Its Agency to "Recreate" a Competitor's Video (But Make it Better) Liable for Copyright Infringement By Brian Murphy Door-to-door storage services deliver packing crates to your house and pick them up once they are filled up. It is, apparently, a...
10 Oct, 2023 Photographer Cannot Recover Profits Based on the Use of Infringing Image in Advertising By Brian Murphy An advertiser includes an infringing image in an advertising campaign. (It has been known to happen.) The copyright owner sues, seeking...
19 Sep, 2023 Publishing Technical Standards Incorporated By Reference in the Law Qualifies as Fair Use, Says DC Circuit By Brian Murphy The plaintiffs are three organizations that created and own the copyright in technical standards that establish best practices for...
24 Aug, 2023 Car Dealer Shared Viral Video of Truck in Tornado ... and Then Got Sued for Infringement By Brian Murphy This case is about what can happen when an advertiser (here, a Chevy dealer) modifies and then shares on Facebook a viral video (showing...
22 Aug, 2023 Is a Cartoon Baby Entitled to Thick or Thin Copyright Protection? By Brian Murphy The plaintiffs (Moonbug) own the popular kids YouTube channel CoComelon. Moonbug’s videos have garnered more than 165 billion (with a...
07 Aug, 2023 The Server Test Survives in the Ninth Circuit … At Least For Now By Brian Murphy Craig Whitney A panel of the Ninth Circuit has affirmed that the “server test” remains the law of the land - at least in that circuit, and at least for...
24 Apr, 2023 Reporter's Use of Screenshot of Jan 6 Insurrection Footage "Unquestionably" Fair, Says SDNY By Brian Murphy On January 6, 2021, photojournalist Robyn Brody captured footage (here) of Kelly Meggs and other members of the Florida Oath Keepers,...
23 Feb, 2023 Can You Copyright Ad Slogans and Short Phrases? By Brian Murphy In 2008, defendants Make Ideas, LLC and its founder Keith Mullin created the “Breathe Right Ball," a ball designed with holes to allow...
23 Jan, 2023 A Copyright Pleading Dilemma: How Do You Properly Allege Substantial Similarity When You Can’t Access the Defendant's Code? By Brian Murphy Here's a dilemma. You own valuable software, and you are convinced that your competitor has copied it. However, since your competitor...
03 Jan, 2023 Exercise Choreography and Alleged Betrayal: Tracy Anderson vs. Megan Roup By Brian Murphy Tracy Anderson, the self-described “fitness pioneer,” developed the Tracy Anderson Method (“TA Method”), a series of exercise routines...
12 Dec, 2022 Buzzfeed's Publication of Influencer's Motorcycle Accident Pics is a Fair Use By Brian Murphy Tiffany Mitchell (@tifforeli), an influencer who currently has just under 200,000 followers on Instagram, likes to ride a beemer....