Don’t get fooled by these frauds

During lockdown, internet scammers have become more insidious and creative in their phishing schemes. Some have even posed as image enforcement companies, mimicking copyright demands. I was just alerted to this scam and thought it important to warn DMLA members and those who engage in enforcement practices, who may want to alert customers. https://torrentfreak.com/scammers-use-fake-copyright-warnings-to-steal-logins-and-spread-trojans-210517/ – Nancy […]

Metadata Field Changes Via Image Migration Does Not Violate Copyright Act

Zuma Press, Inc. et al. v. Getty Images (US), Inc., No. 19-3029, 2021 WL 807865 (2d Cir. Mar. 3, 2021) In a decision that is favorable to the image licensing industry, the Second Circuit earlier this month upheld a ruling by the Southern District of New York granting summary judgment in favor of Getty Images […]

Best Practices in Copyright Enforcement

Members of the DMLA Legal Committee have created and published a guide to Best Practices in Copyright Enforcement, combining their expertise with that of members who provide copyright enforcement services. While DMLA does not endorse any particular company, the checklist, posted on DMLA’s website, is intended to help firms and individuals choose enforcement companies that […]

CASE Act Passes

Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 NewsNet 866 December 22 2020 Late last night, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) and a law on penalties for certain digital transmission services that make unauthorized uses of copyright-protected works for profit, both as part […]

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 […]