Tag Archives: Copyright infringement

How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages



How Far Back Can You Go Supreme Court to Decide Circuit Split on Recovery of Copyright Damages

How far back can a plaintiff recover damages in a copyright infringement case?  Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of “The Briefing” by Weintraub Tobin.

Watch this episode on the Weintraub YouTube channel here.

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Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix



A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

 

Continue reading Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix


Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit



A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can handle similar situations in a post-Warhol world on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel here.

Continue reading Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit


Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier



In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between professional basketball player Terry Rozier III and holiday product manufacturer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.”

Watch this episode on the Weintraub YouTube channel, here.


Space Erotica Flick Not Infringed by Black Mirror



This week on the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film Strange Frame: Love and Sax.

Watch the episode on the Weintraub YouTube channel, here.


Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)



In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

Watch the video version of this episode on the  Weintraub YouTube channel, here.

Listen to part one of this topic, here.

Watch part one of this topic, here.


Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)



In this week’s episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.” They offer apologies to listeners and to the artist.

Watch a video version of this episode on the Weintraub YouTube channel, here.

Listen to part two of this topic here.

Watch part two of this topic here.


Copyright Infringement: BuzzFeed just got Buzz Worthy



In this episode of The Briefing by the IP Law Blog, Weintraub Tobin IP attorneys Scott Hervey and Josh Escovedo discuss Scott’s article on a copyright dispute between a photographer and Buzzfeed.

Watch the episode on Weintraub’s YouTube channel, here.

Read the full article on the IP Law Blog, here: “Second Circuit Frames Novel Issue of Photographer’s Claim of Copyright Infringement and DMCA Violation”