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Monday, Sep. 20, 2021
Instagram Prevails with "Server Test" Defense in Photo Embedding Case
Yet another photo embedding case, but this time Instagram wins based on the court's application of the "server test." The plaintiffs own the copyright in photos that they voluntarily posted on Instagram. They sued Instagram in the Northern District of California, alleging that Instagram is...
Thursday, Sep. 16, 2021
SAG-AFTRA and JPC Issue Requirements For Vaccine Mandates For Commercial Shoots
The Joint Policy Committee ("JPC") and SAG-AFTRA have issued requirements for producers that wish to issue policies mandating COVID-19 vaccinations for performers in commercials. These requirements are included in an addendum to the COVID-19 Commercial Production Safety and Testing Protocol...
Monday, Aug. 23, 2021
Lawsuit Challenging (Mis)Use of Academy Award Statuette Survives Motion to Dismiss
Since 1949, the National Academy of Television Arts and Sciences, Inc. and Academy of Television Arts & Sciences (together, the "Academies”) have bestowed Emmy Awards on worthy recipients to recognize excellence and achievement in television. (Not that they always get it right: after all, it...
Friday, May. 7, 2021
New York HERO Act Imposes New Health and Safety Rules on Employers
Governor Andrew Cuomo signed the Health and Essential Rights Act (“HERO Act”) into law yesterday, May 6, 2021, as a response to COVID-19 safety concerns in connection with New Yorkers returning to in-person work. The HERO Act will establish new health and safety standards as well as penalties for...
Monday, Apr. 26, 2021
When Consumers "Buy" Content on iTunes, Does That Mean They Get Access to That Content Forever?
Apple's iTunes app allows consumers to "buy" and "rent" movies, television shows, and other content. If a consumer chooses the "rent" option, the consumer gets access to the content for a limited period of time. If a consumer chooses the "buy" option, however, the content goes into the consumer's "...
Wednesday, Aug. 26, 2020
On the Barefoot Contessa, Peppermint Bark, and the Volitional Conduct Requirement for Copyright Infringement
I don't think it is possible to love Ina Garten , the Barefoot Contessa, more than I do. I love her recipes: they are relatively easy to execute, delicious (no surprise, since they tend to double down on butter), and leave guests with the impression that my culinary skills are stronger than an...
Thursday, Aug. 13, 2020
Helpless No More? Neil Young Sues Trump Campaign for Use of His Songs
Last week, lengendary rocker Neil Young sued Donald Trump's presidential campaign (the "Campaign") for copyright infringement for using two of his songs, Rockin' in the Free World and Devil's Sidewalk, at numerous rallies and political events, including the July 20, 2020 rally in Tulsa, Oklahoma...
Thursday, Jul. 2, 2020
Court Reconsiders and Changes Course in Instagram Embedding Case
Thursday, Jul. 2, 2020
If Thumbs Are Required, It's Not an Autodialer
The Telephone Consumer Protection Act (TCPA) prohibits any person from calling or text messaging someone on a wireless phone using an automatic telephone dialing system (an “autodialer”) or an artificial or prerecorded voice (a "robocall") unless the call is an emergency or the person has the...
Monday, May. 11, 2020
Not-On-The-Subway Series: Celebrity Talk Back
Remember the Grammy’s a few years back, when Arby’s shouted out to Pharrell Williams on Twitter, requesting the return of its hat. (See here .) And Pharrell, good sport that he was, tweeted back at the restaurant chain, accusing it of starting a "roast beef”? Other brands with hat-wearing...