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
The In Focus blog, published by Thompson Coburn, covers a range of legal topics with a focus on recent developments and case law in intellectual property, copyright, and litigation. It discusses issues such as copyright infringement, fair use, AI-generated works and their copyrightability, intermediary liability in digital content, and transactional legal tools like letters of intent. The blog also addresses regulatory updates and compliance matters affecting various industries, including higher education and international trade. Content often includes analysis of court rulings, legislative changes, and practical implications for legal practitioners and clients.
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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…
Game, set, match: Sometimes the photo is the story
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…
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…
Not a bargain at twice the price: Court awards attorneys’ fees to victorious copyright defendant
Most lawsuits in the United States follow the American Rule: win or lose, each party pays their own attorney. The Copyright Act is different. The Act allows a “prevailing party” – on either side – to seek recovery of their…
Small photo credit removal may result in big damages
Omitting a small print photo credit can get you in big trouble under the copyright laws.
That’s what happened recently when a court affirmed an award of almost $74,000 against BuzzFeed, because its reporter had copied a photo from the…
Why potential claimants should take care with DMCA takedown demands
A recent decision shows why intellectual property owners need to verify the merit of their DMCA takedown notices before making them. Improper DMCA takedown notices can lead to costly litigation and potential liabilities.
The plaintiff in Beyond…