8/7/2023 8:48:06 PM 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...
8/15/2022 11:11:38 AM Unauthorized Use of Photos to Illustrate Article Is "in No Way Transformative," Says CA9 By Brian Murphy Elliot McGucken is an award-winning fine-art photographer who specializes in natural landscapes. (Check out his website.) In March of...
2/4/2022 2:56:16 PM District Court to Plaintiffs: If You Don't Like Perfect 10 v Amazon, "Appeal to Ninth Circuit"! By Brian Murphy Alexis Hunley and Matthew Brauer are not fans of Instagram's embedding functionality. And they (and their counsel) are nothing, if not...
7/5/2021 11:22:54 PM Embedded Photo of Meghan Markle Doesn't Qualify for Fair Use on Motion to Dismiss By Brian Murphy Plaintiff owns the copyright in a photo of Meghan Markle, also known as the Duchess of Sussex, taken at a high school dance she attended...