Categories
Intellectual Property

Fed Ct. Chooses Law Over Art: Warhol Piece Was Not Fair Use of a Prince Photograph

In a major loss for the Andy Warhol Foundation, the 2nd Circuit Court of Appeals ruled last week that the famed artist did not make “fair use” of celebrity photographer Lynn Goldsmith’s 1981 portrait of Prince for his own 1984 series of similar-looking images. The decision overturns one made in 2019 by the Southern District Court of […]

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Intellectual Property Litigation

SCOTUS Saves Google Billions By Finding its Copying of Oracle Software was Fair Use

The copyright case of the century Google v. Oracle has been resolved – in Google’s favor.  The SCOTUS decision was 6-2 with Barrett not voting since she was not on the bench for oral argument. VERY BRIEF AND STRIPPED DOWN VERSION OF FACTS: • 1990 – Sun Microsystems developed Java programming language critical to operation […]

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Intellectual Property Litigation

NY Law on Auto-Renewal: Helpful or Litigation Breeder?

Many States have passed legislation aiming to regulate websites that offer auto-renewal subscriptions or auto-renew purchase plans with mixed success. NY has decided to jump into the fray with an Auto Renewal Law (ARL) that will go in effect on February 1 2021. Key points under the new law: Businesses must generally: Present the material […]

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Copyright Law Intellectual Property

Copyright Troll Attorney Richard Liebowitz and Race-Faker Rachel Dolezal Team up to Quickly Lose Copyright Lawsuit Over Dolezal’s Selfie

From EIN Presswire: Five years after she came to national attention for identifying as black woman while being of European ancestry and having no verifiable African ancestry, Rachel Dolezal is again at the heart of a legal controversy. This time, Dolezal filed suit for copyright infringement after Paper Magazine included Dolezal’s public Instagram post as […]

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Copyright Law Intellectual Property Litigation

Custody Battle Looms Over Fearless Girl

State Street Global Advisors Trust Co. (SSGA) , the investment firm behind the “Fearless Girl” statue placed near the New York Stock Exchange, is pursuing legal action against Kristen Visbal, the sculpture’s creator for alleged breach of contract and trademark infringement. SSGA commissioned Visbal to create Fearless Girl allegedly to promote gender fairness and female […]

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Intellectual Property Litigation

Copyright Troll Attorney Found in Contempt of Court for Lying About Grandparent’s Death

Its the oldest excuse in the middle school playbook: Telling the teacher that you didn’t do your homework because your grandmother or grandfather died. Of course it never worked, and guess what – it doesn’t work in Federal Court either. Attorney Richard Liebowitz has been declared a copyright troll by Federal judges; has been ordered […]

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Constitutional Law Intellectual Property

Q:Can Facebook Be Legally Forced to Police Political Ads? A: No.

Facebook CEO Mark Zuckerberg testified before Congress last week and was grilled by various members of that body about FB’s policies towards political ads. In one round of such questioning, Congresswoman Alexandra Ocasio Cortez (D-NY) asked him whether a candidate could target ads to African-American voters that contained a false election date. He answered “No” […]

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Copyright Law Intellectual Property

Score One for the Little Guy: SDNY says Fla Website Can’t Be Sued in NY Over Photos

My client Signatures4U.com is a Mom and Pop side business operating out of Florida that sells signed sports memorabilia, mostly through its eBay site. Last year it was served with a Federal lawsuit filed in the Southern District of NY over alleged copyright infringement. The basis of the claim is that two sports photographers allege […]

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Intellectual Property

“Deep Fake” Porn Videos Getting More Common

As technology that allows you to alter videos improves and becomes more readily available and easier to operate, woman across the country are facing a new type of “Revenge Porn” – deep fake videos and images. “Deep fake” is the name given to video clips or still images of pornography where the actors’ faces have […]