Legal Blog

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

What’s Protectable?: Claim of Copyright Infringement of LaChapelle’s Photos in Rihanna’s ‘S&M’

Shira Scheindlin, a U.S. District Court Judge in the Southern District of New York, recently denied Robin “Rihanna” Fenty’s (“Rihanna”) Motion to Dismiss the copyright infringement element of a claim instituted by famed photographer David LaChapelle regarding Rihanna’s highly sensationalized ‘S&M’ video. LaChapelle asserts that the protectable elements of eight of his photographs were used in the creation of the video. The court ruled that LaChapelle successfully proved that a Motion to Dismiss was improper because the video was “substantially similar to particular original expressions of the subjects in the photos.” Continue reading

1 26 27 28