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Intellectual Property Litigation

$1 Billion Lawsuit Against Getty Images Shows Effects of Trolling

Acclaimed photographer Carol Highsmith has filed a Federal lawsuit alleging violations of the Digital Millennium Copyright Act against Getty Images and other parties for their attempt to charge her and others for the use of her own photos. Ms. Highsmith has been praised by the Library of Congress for her donation of thousands and thousands […]

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Constitutional Law Copyright Law

Monkey Can See, Monkey Can Do, But Monkey Can’t Own

On Wednesday, a federal judge said the macaque who famously snapped a picture of himself cannot be declared the owner of the image’s copyright. The photo in question was taken in 2011 on the Indonesian island of Sulawesi, with a camera owned by nature photographer David Slater. But Slater didn’t trip the shutter: the macaque […]

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Constitutional Law Copyright Law

Plot Thickens in “Happy Birthday” Suit

Two years ago I reported here on a lawsuit filed by NY filmmaker Jennifer Nelson trying to strike Warner Music’s copyright in the song “Happy Birthday.” She had been filming a documentary about the song and was charged $1,500. by Warner to use the song in her film. She then filed her suit seeking return […]

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Copyright Law Entertainment Law

Copyright Lawsuit Filed Against Joss Whedon Over “Cabin In the Woods”

Filmmaker Joss Whedon is being sued for $10 million by a writer who claims they stole his idea for the hit horror film Cabin in the Woods. Writer Peter Gallagher has filed the lawsuit against the Avengers director and his co-writer/director Drew Goddard. In his lawsuit filed this week in Federal Court in California, the […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Georgia Supreme Court Rules That Internet Posts About Someone Don’t Constitute “Stalking”

The Supreme Court of Georgia unanimously overturned a lower court’s permanent protective order against a Columbus, Georgia businessman named Matthew Chan; Chan had been hit with the order back in 2013 when a woman named Linda Ellis claimed she feared for her safety after reading 9 posts on Chan’s website, called ExtortionLetterInfo.com (“ELI”). [Disclaimer: Since […]

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Constitutional Law Copyright Law Entertainment Law Intellectual Property Litigation

“Blurred Lines” Verdict Will Blur the Lines of Copyright For Years To Come

Yesterday a federal jury awarded the Estate of Marvin Gaye $7.3 Million finding that the Robin Thicke and Pharrell Williams, songwriters of the hit song “Blurred Lines,” had infringed on the Marvin Gaye song “Got to Give it Up.” Even though the judge rejected the Gaye family’s most dangerous argument – – that a song’s […]

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Constitutional Law Copyright Law

You Gotta Fight For Your Right To . . . Legal Fees!

To quote Kenny Rogers, “You gotta know when to hold them, know when to fold them, know when to walk away and know when to run.”  Emergy drink company Monster should have heeded Kenny’s advice in the lawsuit brought by the great and influential rap group Beastie Boys against the company.   A court in […]

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Constitutional Law Copyright Law Intellectual Property

US Court Deduces That Sherlock Holmes Is Now Public Domain

A US Federal judge has ruled that iconic literary character Sherlock Holmes and the most familiar elements of his stories are in the public domain.  But what’s as important is that  in a strongly worded opinion the court criticized the Arthur Conan Doyle estate for its troll-like practices. It’s the third time an American judge has […]

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General

Lawyer Photoshops Herself Into Celeb Photos For Her Website -Bye Bye License!

The latest celebrity photo scandal does not involve nudity just stupidity. Svitlana Sangary is a Los Angeles-based attorney whose solo practice focuses on business litigation according to her website. A client who had a dispute with her reproted her to the California State Bar for  allegedly photoshopping herself into over 50 pictures with A-list celebrities […]