Publishing

Monge v. Maya Magazines, Inc.: A Fair Use “Telenovela”:

Tabloid’s Publication of Copyrighted Photographs without Permission Not a Fair Use

On August 14, 2012, the majority of the Ninth Circuit Court of Appeals, in Monge v. Maya Magazines, Inc., Nos. 10-56710, 11-55483 (9th Cir. 2012), reversed the decision of the District Court for the Central District of California and held that a tabloid’s publication of copyrighted photographs without permission was not a fair use under copyright law, rejecting a general newsworthy exception. Continue reading

Court Upholds Right to License Celebrity Images

This week the Ninth Circuit Court of Appeals affirmed the dismissals of two right of publicity claims against Corbis Corp. — Shirley Jones v. Corbis Corp. and Alberghetti v. Corbis Corp. In the Jones case, the court held that Shirley Jones, star of the TV show “The Partridge Family,” had given her implicit consent to use her likeness in photographs when she attended highly-public red-carpet events. The court noted that Corbis operated within well-known and established industry customs in relying on her implied consent to the photographs’ distribution. In the Alberghetti case, the court held that the two-year statute of limitations on right of publicity claims in California had expired before the plaintiffs filed their lawsuit. In both cases the court declined to rule on the arguments that the right of publicity claims were preempted by the Copyright Act, and in both cases the court awarded Corbis attorneys’ fees. Continue reading

Update On Google Books Settlement

In a new twist in the Google Books case, it appears that the publishers and authors may be going separate ways. The parties had a conference with Judge Denny Chin this past Thursday, September 15th. Judge Chin had admonished the parties in the last conference on July 20th to hasten their settlement discussion and to come prepared on September 15th with a new settlement agreement, and if no settlement could be reached, a discovery and briefing schedule on the merits. From the start of the conference, it was clear that the parties had not come prepared to discuss a new settlement. Continue reading

How Much Is Too Much? Transformative Works vs. Derivative Works: Photographer Wins Appropriation Art Copyright Case

Patrick Cariou, a professional photographer won his case in District Court in New York against well-known appropriation artist Richard Prince and the Gagosian Gallery after several of Cariou’s pieces were appropriated without consent in Prince’s “Canal Zone” series showing at the Gagosian in 2008. Continue reading

Supreme Court to Consider Constitutionality of Act Restoring Certain Foreign Copyrights

On March 2, 2011, the Supreme Court of the United States granted certiorari in a 10th Circuit case to review whether the Court of Appeals correctly upheld the constitutionality of §104A of the Copyright Act, which created or restored U.S. copyright protection to foreign works in 1996 which never had U.S. protections or had earlier fallen into the public domain in the U.S. because they failed to comply with certain formalities of U.S. copyright law. Petitioners claim that the 15 year-old statute violates the Copyright Clause by restoring copyrights of public domain works and violates a First Amendment right to exploit these restored works without permission from the owners. Continue reading