Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon other Internet content, boasting 4.9 million subscribers on their YouTube channel. Not everyone laughed along though, particularly fellow YouTuber Matt Hosseinzadeh,
Copyright
Digital Copyright Ruling Creates New Vulnerabilities for Moderated Online Platforms
A recent federal appeals court decision may lead online platforms that post user-generated content filtered by moderators to think twice before posting copyrighted material. In Mavrix Photographs, LLC v. LiveJournal, Inc., the Ninth Circuit Court of Appeals recently held that the Digital Millennium Copyright Act’s (“DMCA”) safe harbor for “infringement of copyright by reason of…
Louis Vuitton Loses Lawsuit Against Maker of Parody Tote Bags
Parody consumer-goods brands and fans of tongue-in-cheek humor have reason to be relieved after a federal court of appeals affirmed a grant of summary judgment against luxury handbag maker Louis Vuitton Malletier, S.A. (“Louis Vuitton”), dismissing its lawsuit against My Other Bag, Inc. (“MOB”), a seller of parody canvas tote bags. Louis Vuitton brought suit…
Congress Introduces First Post-Obama Copyright Review Policy Proposal
Last week, members of the U.S. House of Representatives Judiciary Committee introduced their first of many upcoming policy proposals aimed at modernizing U.S. copyright law, and, specifically, the U.S. Copyright Office. This proposal sets out specific changes for the Copyright Office, including creating an advisory committee, introducing an information technology modernization plan, increasing the Office’s…
Copyright Office Starts New Process for DMCA Safe Harbor Registration Today
Last month, the Copyright Office issued a final rule governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). To help streamline the process, the Copyright office created a new, electronic filing system so that brands and advertisers can efficiently submit and update their designated agent. The…
Music Sampling Back in “Vogue”
With its decision in VMG Salsoul v. Ciccone, the Ninth Circuit Court of Appeals created a circuit split that could greatly impact copyright infringement claims based on unlicensed music sampling. For the advertising industry, this decision affects the risk assessment involved when creating or using music that contains “samples”. Read on for more.
On…
The Second Circuit Turns the Page on Plaintiffs’ Google Books Copyright Suit
Another important copyright decision is in—this time from the Second Circuit Court of Appeals in Authors Guild v. Google, Inc. Plaintiffs—authors of copyright protected books—brought an action for infringement against Google, claiming that its digitization of millions of books without Plaintiffs’ permission violated copyright law. The court on appeal, acknowledging that this dispute “test[ed] the boundaries of fair use,” ruled in favor of Google, allowing the search-engine to shelve this case in the W column. Below are my key takeaways from the court’s decision. First, here’s what you need to know about the case: Google scanned millions of books—without permission from the rights holders—and made them accessible to Internet users, who in turn, could search and view randomized pages (snippets) of the books on Google’s site (Google Books) for free. Google did this as part of its Library Project. With nearly twenty million books digitized from some of the world’s largest libraries, Google Books is a powerful research tool that provides users with information not “obtainable in lifetimes of searching.” So why did the court conclude Google’s unauthorized copying of millions of books didn’t violate copyright law? Fair use, of course! Here are the key legal takeaways from the decision:
Continue Reading The Second Circuit Turns the Page on Plaintiffs’ Google Books Copyright Suit
Copyright Protection Goes ‘To the Batmobile!’ says the Ninth Circuit
While the Caped Crusader drives around in his Batmobile protecting Gotham from its fringe, copyright law protects the Batmobile from infringers—this, according to the Ninth Circuit in DC Comics v. Towle. The Batmobile is more than just Batman’s ride; it is its own comic-book character worthy of copyright protection. In reaching this conclusion, the…
“Blurred Lines” but Clear Verdict: Jury Awards Gaye Estate $7.3 Million in Damages for Copyright Infringement
In a verdict on March 10, a Los Angeles federal jury decided “Blurred Lines,” written by Robin Thicke and Pharrell Williams, substantially borrowed from Marvin Gaye’s 1977 classic “Got To Give It Up” without permission. As a result, the jury awarded the family of the late soul singer more than $7.3 million in damages.
In…
Lego fails to build a convincing case at the ECJ
On September 14, the European Court of Justice rejected an appeal by Danish toy company Lego against a ruling by the Court of First Instance in 2008. Lego had previously sought to register its iconic 3-D studded brick as a trade mark. The 3-D studded brick featured prominently in Santander’s UK rebranding television campaign which …