Socially Aware

May 21, 2013 - Copyright, Litigation
The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance
Last week—the week of May 12, 2013—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New York on copyright claims brought by broadcast television
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April 17, 2013 - Copyright, Litigation
Federal Court Says No to “Used” Digital Music Marketplace
Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a legitimate digital analog to the traditional
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April 02, 2013 - Copyright, Litigation
Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act
It is well settled that Internet search engines’ reproduction of limited portions of copyrighted materials in order to direct Internet users to locations of original content constitutes “fair use” under the Copyright Act. (See, for example, Perfect 10, Inc. v. Amazon.com, Inc. and Kelly
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March 20, 2013 - Copyright, Litigation
Supreme Court Holds That “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad
The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc. , holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted work that was lawfully made
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February 14, 2013 - DMCA, Terms of Use, Copyright, IP, Litigation
Thinking About Using Pictures Pulled From Twitter? Think Again, New York Court Warns
By: J. Alexander Lawrence
If you want to use those pictures you found on Twitter, beware. A federal judge in New York recently held that taking photos from Twitter to use for a commercial purpose infringes the photographer’s copyrights. On January 14, 2013, Judge Alison Nathan ruled that
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January 23, 2013 - Trademark, Privacy, Copyright, IP, Litigation
Be Wary of Sharing: Anonymous P2P User’s Motion to Quash Subpoena Denied
By: J. Alexander Lawrence
BitTorrent, the peer-to-peer (P2P) file-sharing system that enables the quick downloading of large files, has sparked another novel controversy stemming from copyright-infringement claims brought against its users. Users take advantage of the BitTorrent sharing system to anonymously access popular media such as books and
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October 26, 2012 - Trademark, DMCA, Copyright, IP, Litigation
Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
By: Jessica Kaufman
Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to
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August 30, 2012 - DMCA, Copyright, Litigation
Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit
Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the
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August 15, 2012 - DMCA, Copyright, IP, Litigation
The Potential Perils of Posting Pictures (on Social Media)
In today’s information economy, content owners are faced with a challenging decision regarding digital content. On the one hand, the viral nature of social media can mean unprecedented exposure as digital content is shared. On the other, that opportunity can come with significant legal
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June 18, 2012 - Copyright, Discovery, Litigation
What, What (In the Court): South Park Studios Shielded by Fair Use for Viral Video Parody
The Seventh Circuit held recently in Brownmark Films, LLC v. Comedy Partners that, under certain circumstances, a trial court may dismiss a copyright infringement case based on a fair use defense prior to discovery. Over the years, the satiric Comedy Central cartoon program South
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Topic Archives: Copyright

The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance

Federal Court Says No to “Used” Digital Music Marketplace

Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act

Supreme Court Holds That “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad

Thinking About Using Pictures Pulled From Twitter? Think Again, New York Court Warns

By: J. Alexander Lawrence

Be Wary of Sharing: Anonymous P2P User’s Motion to Quash Subpoena Denied

By: J. Alexander Lawrence

Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications

By: Jessica Kaufman

Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit

The Potential Perils of Posting Pictures (on Social Media)

What, What (In the Court): South Park Studios Shielded by Fair Use for Viral Video Parody