Altering Gutter Credit Can Result in Violation of CMI

Violation Can Occur Even Without Knowledge of Third-Party Future Infringement- (Gregory Mango vs. Buzzfeed, Inc.) The Second Circuit Court of Appeals recently ruled in favor of a freelancer photographer, Gregory Mango, and against Buzzfeed when a photo editor ran a photo crediting the subject’s attorney instead of the photographer.  Mango regularly contributed photographs to newspapers, […]

The Instagram Saga Continues

In a recent statement sent by email to Ars Technica that will please many rights holders, a spokesperson for Facebook (Instagram’s parent company) stated that although users grant Instagram a sublicense to their content by posting it on Facebook, that sublicense does not extend to API users who are required “to have the necessary rights […]

Show the Tattoo: Video Game Company Free to Depict Inked Basketball Stars

Four years ago, a company owning rights to tattoo art initiated a copyright infringement lawsuit in the U.S. District Court for the Southern District of New York asserting that the makers of the popular NBA 2K games infringed its rights by creating avatars of real-life basketball players complete with their tattoos.  Recently, after full discovery […]

Q&A Google v. Oracle

Rick: Nancy, Welcome to 2020. It’s time for another edition of DMLA Q&A or IP for Dummies – like me. Ready? Nancy: Fire away. Rick: Let’s talk about Google v. Oracle. When I think about tech, I think patents. Why are we discussing copyright and not patents in Google v. Oracle? Nancy: Patents deal with […]

Artist v. Artist

The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith Et. Al. Fair Use broadens in Artist Works A recent court decision in the Second Circuit solidified the expanding and evolving scope of fair use in appropriation art, showing that obtaining a license to use other copyrighted works as artistic inspiration is not […]

Case Act Takes Big Step Forward

June 24, 2019 — DMLA board member Rick Gell, spoke briefly with Nancy Wolff, DMLA’s Senior Legal Counsel, who has been in the trenches fighting for the CASE Act on behalf of our content licensing community. The Case Act just took a big step in Congress. Nancy, briefly, what happened last week? The Case Act […]

DMLA SUPPORT STILL NEEDED FOR CASE ACT

Dear Members: We have had great response from the House for the CASE Act and we now have 31 co-sponsors for H.R. 2426!  The letter writing and meetings with representatives is working, but we can’t stop now.  We still need efforts from all of you to get the support for the bill up to triple […]

DMLA Needs Member Support for CASE Act

Dear Members: May 2, 2019 was a big day for copyright advocacy in Washington D.C. as two companion bills (H.R. 2426 and S. 1273 ) were introduced in both the House and the Senate creating an alternative forum for hearing copyright infringement cases of relatively lesser value entitled the Copyright Alternative in Small Claims Enforcement […]

VISUAL ARTS GROUPS APPLAUD RELEASE OF NEW SMALL CLAIMS LEGISLATION

  May 1, 2019 – A coalition of visual artists, representing hundreds of thousands of mom-and-pop creators in every state across the country is praising U.S. House and Senate sponsors for taking steps to correct a century-old inequity in copyright law. The legislation—introduced today by Congressmen Jeffries, Collins as well as Senators Kennedy, Tillis, Durbin […]

Fourth Circuit Rules in Favor of Stock Photographer Russell Brammer

In October 2018 DMLA filed an amicus brief in support of photographer Russell Brammer’s appeal to the Fourth District over a questionable Virginia district court decision, which held that production company’s use of his stock photo of a Washington, D.C. neighborhood on a website promoting a film festival was fair use. Our focus was on […]