Patent and trademark applicants need to be pretty careful in their registration applications, but the Supreme Court has made things a bit easier for copyright applicants. The Court ruled in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that legal
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Photo publisher’s checklist: Seven New Year’s legal resolutions for your website
As we near the end of the 2021, here are seven resolutions – not including the obligatory “get in shape” or “be more organized” – that you may want to consider for 2022.
- Copyright Ownership. Check that you own your
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No more half measures: pleading infringer knowledge in contributory copyright infringement claims
A California judge has dismissed the copyright infringement and Digital Millennium Copyright Act (DMCA) claims of a photographer who sued Pinterest after he found his photos on the popular social media website. Professional photographer Blaine Harrington brought the claims against…
Too infringing to bear: NY court sides with photographer in suit over embedded image
Social media platforms make it easy to embed photos or videos that appear on their sites. For example, Instagram and Facebook’s embedding tools connect a website visitor’s browser to the platform’s computers, retrieves the identified work, and shows it –…
Contributory copyright infringement: Can you ever know what you don’t know?
At its core, indirect copyright infringement requires direct infringement, plus an indirect infringer who knew of it, and either materially contributed to or induced the direct infringement. But what level of “knowledge” of the direct infringement must the indirect infringer…
Hard-fought copyright case produces just $750 award
This article has been updated as of April 1, 2021.
Oscar Wilde said, “there are only two tragedies in life: one is not getting what one wants, and the other is getting it.” For photographer Michael Grecco, Wilde’s warning played…
Substantial changes to trademark and copyright law tucked away in recent stimulus package
The 5,593 page Consolidated Appropriations Act, 2021 (“Act”) that Congress passed in the days before the holiday is largely touted as a government spending bill. The media has focused on the economic stimulus components of the bill. Digging deeper into…
Substantial changes to trademark and copyright law tucked away in recent stimulus package
The 5,593 page Consolidated Appropriations Act, 2021 (“Act”) that Congress passed in the days before the holiday is largely touted as a government spending bill. The media has focused on the economic stimulus components of the bill. Digging deeper into…
Game, set, match: Sometimes the photo is the story
Graffiti artists see victory under Visual Artists Rights Act claim
A multi-million dollar verdict in favor of New York graffiti artists is now final. We previously wrote about the case when first filed in the trial court and after the jury’s verdict. In its first conference of the 2020…