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By: Thompson Coburn

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jmulliganthompsoncoburn-com
jmulliganthompsoncoburn-com
mnepplethompsoncoburn-com
Matt Braunel
David Jinkins
Mark Sableman
Jennifer Visintine

Latest from In Focus

In Focus

Supreme Court excuses copyright application mistake

By Mark Sableman & mnepplethompsoncoburn-com
March 4, 2022

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…

In Focus

Photo publisher’s checklist: Seven New Year’s legal resolutions for your website

By Jennifer Visintine, mnepplethompsoncoburn-com & Mark Sableman
December 30, 2021

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

…

In Focus

No more half measures: pleading infringer knowledge in contributory copyright infringement claims

By mnepplethompsoncoburn-com
September 25, 2021

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…

In Focus

Too infringing to bear: NY court sides with photographer in suit over embedded image

By mnepplethompsoncoburn-com
August 3, 2021

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 –…

In Focus

Contributory copyright infringement: Can you ever know what you don’t know?

By mnepplethompsoncoburn-com
May 19, 2021

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…

In Focus

Hard-fought copyright case produces just $750 award

By mnepplethompsoncoburn-com
March 18, 2021

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…

In Focus

Substantial changes to trademark and copyright law tucked away in recent stimulus package

By Matt Braunel & David Jinkins
December 29, 2020

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…

In Focus

Substantial changes to trademark and copyright law tucked away in recent stimulus package

By Matt Braunel & David Jinkins
December 29, 2020

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…

In Focus

Game, set, match: Sometimes the photo is the story

By mnepplethompsoncoburn-com
November 7, 2020
https-www-thompsoncoburn-com-images-default-source-blogs-wozniacki-photo-jpg

A news organization can fairly use a copyrighted photo from an Instagram post when the social media post is itself a key element of the news, according to a ruling in a case involving tennis star Caroline Wozniacki.
The decision…

In Focus

Graffiti artists see victory under Visual Artists Rights Act claim

By mnepplethompsoncoburn-com
October 15, 2020

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…

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