Instagram Beats Attempt At Class Action Over Change In Terms Of Use
In Rodriguez v Instagram, CGC-13-532875 (San Francisco Sup. Ct. Feb 28, 2014), the Superior Court of California, County of San Francisco, rejected a proposed class action lawsuit brought against Instagram LLC in connection with modifications to its original Terms of Use, instituted after the free photo-sharing platform was purchased by Facebook, Inc. The lawsuit challenged Instagram’s
Registration of Collective Work Registers Component Works, Says Ninth Circuit
On March 14, the U.S. Court of Appeals for the Ninth Circuit, in Alaska Stock, LLC v. Houghton Mifflin Harcourt Pub. Co., 110 U.S.P.Q. 2d 1062 (9th Cir. 2014), determined that registration of a database of stock photographs as a collective work registered the component photographs within.
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Eleanor M. Lackman on NPR
Tomorrow, CDAS attorney Eleanor M. Lackman will discuss the Aereo case on the NPR show “On Point” between 10am and 11am EST. Live questions from callers will be possible in markets where the show runs live, which can be streamed here, and the show will be available via the NPR website and app.
Photo of Glass Sculpture Integrated in Ceiling a Fair Use
In Neri v. Monroe, 11-CV-429-SLC, 2014 WL 793336 (W.D. Wis. Feb. 26, 2014), the Western District of Washington smashed the hopes of a glass artist by sharply dismissing a pro se copyright action she brought against a design firm, among others, who displayed photos of an entrance hall of a private residence which incorporated her
In Case of First Impression, Third Circuit Says that Claim for Joint Authorship Accrues Upon “Express Repudiation”
A recent decision from the U.S. Court of Appeals for the Third Circuit clarifies when the countdown starts for authors hoping to bring a declaratory judgment claim for joint authorship under the Copyright Act. In Brownstein v. Lindsay, the Third Circuit held that an authorship claim arises and accrues when a plaintiff’s status as an
New York Includes “Print And Runway Model” In Child Performers Protected By Labor Laws
A change to New York labor law regulations (Part 186) may have onerous implications for photographers and the stock photography industry who shoot child models As of November 22, 2013, “print and runway” models are now included among the artistic or creative services that require a permit when using child performers. Previously, the regulations only
Jewel-Osco’s Ad Congratulating Michael Jordan Declared Commercial Speech
The Seventh Circuit, in Jordan v. Jewel Food Stores, Inc., 12-1992, 2014 WL 627603 (7th Cir. Feb. 19, 2014), reversed a federal district court ruling and held that an advertisement run by Jewel-Osco supermarkets (“Jewel”) congratulating Michael Jordan on his 2009 induction into the Hall of Fame constituted image advertising—a form of “commercial speech.” This
CDAS Attorneys Speak at Digital Hollywood’s Media Summit New York
Cowan DeBaets Abrahams & Sheppard, LLP (CDAS) was proud to have three firm members appear as panelists for this years Media Summit NY. Steven Masur, Kenneth N. Swezey and Simon Pulman each provided unique perspective on an array of topics, and provided attendees with valuable insight and advice.
Swatch Group Management Services Ltd v. Bloomberg LP
In a recent decision by the Second Circuit, Swatch Grp. Mgmt. Servs. Ltd. v. Bloomberg L.P., 12-2412-CV, 2014 WL 274407 (2d Cir. Jan. 27, 2014), Bloomberg L.P. (“Bloomberg”) was found to have a valid fair use defense to copyright infringement, despite obtaining an unauthorized (and unpublished) copy of a sound recording and making it available
GoDaddy.com Dodges a Bullet: Ninth Circuit Holds That There Is No Secondary Liability for Cybersquatting under the ACPA
It is not all that often that a federal court of appeals sets forth a bright-line rule, much less by a unanimous panel, and even less likely in the hazy area of cyberlaw. But in Petroliam Nasional Berhad (Petronas) v. Godaddy.com, Inc., No. 12-15584 (9th Cir. 2013) three judges of the U.S. Court of Appeals