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