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...
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,...
31 Jan, 2023 Cellphone Photo Etiquette: “Do you mind taking our picture?“ “Sure, but I own the Copyright!” By Brian Murphy Edward H. Rosenthal Here is the scene. You are walking in Central Park. A group of tourists comes up to you and asks you to take their picture. They hand you...
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....
23 Sep, 2022 Copyright Claim by Prince's Photographer Defeated on Implied License Theory By Brian Murphy Yes, another copyright case involving Prince (of Paisley Park, not of Wales). (But not the biggie.) And another case dealing with the...
15 Aug, 2022 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...
06 Apr, 2022 Mic's Use of Screenshot of NY Post Article About the Woes of "Beautiful People" Qualifies for Fair Use By Brian Murphy On April 12, 2017, The New York Post published an article entitled "Why I won’t date hot women anymore," a thoughtful exploration of just...
04 Feb, 2022 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...
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...
19 Sep, 2021 Instagram Prevails with "Server Test" Defense in Photo Embedding Case By Brian Murphy Yet another photo embedding case, but this time Instagram wins based on the court's application of the "server test." The plaintiffs own...
02 Sep, 2021 Update: Second Circuit Doubles Down on Warhol Fair Use Ruling By Brian Murphy This is an update to our prior post on the Second Circuit's important fair use ruling in Andy Warhol Foundation for the Visual Arts, Inc....
05 Jul, 2021 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...
13 Jun, 2021 Posting Pap's Pic on Instagram Not a Fair Use By Brian Murphy Plaintiff Jawad Elatab is described in his complaint as "a professional photographer in the business of licensing his photographs to...
28 Feb, 2021 Another Photo Embed Case, Another Motion to Dismiss Denied By Brian Murphy Another court refuses, at the pleading stage, to rule on whether a social media platform's TOS (this time, Twitter's) authorizes a news...
13 Sep, 2020 Publishing a Cropped Shot of Jon Hamm's Crotch is Fair Use Under Copyright Law By Brian Murphy Jon Hamm apparently likes to go commando. We know this because in 2013, HuffPost published an article entitled "25 Things You Wish You...