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 […]

Court Upholds Group Registrations but Cuts “Look Back” to Three Years

Appellate Court Decides Important Copyright Issues Regarding Corbis Registrations and “Look Back” Period for Copyright Damages (Sohm v. Scholastic Inc., No. 18-2110, 2020 WL 2375056 (2d Cir. May 12, 2020) In a recent decision that finally resolved two outstanding copyright issues, the Second Circuit Court of Appeals—the appellate court encompassing New York—upheld the validity of […]

Senator Tillis Announces Judiciary Committee Initiative on IP

In a commentary letter posted on The Hill December 17th by Senator Thomas Tillis (R-N.C.) entitled Getting Back to Basics on the Digital Millennium Copyright Act  Tillis announced his intentions “to launch a major new initiative in the Senate Judiciary Subcommittee on Intellectual Property to explore ways we can better promote the creative economy in […]

5 Copyright & IP Things You Missed at the DMLA 24th Annual Conference

When your product is “digital media” and the marketplace transaction is “licensing” nothing beats copyright and IP issues to draw a crowd. And this year was no exception at the Digital Media Licensing Association’s 24th Annual Conference recently held in LA.  The always popular Hot Topics In Legal, where senior-level legal experts and industry leaders […]

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 […]