By Tom McParland | April 2, 2021
The Second Circuit panel found that the Met's use of Marano's photo was "transformative" because it focused on the instrument, which Van Halen called his "Frankenstein" guitar, and not the performer.
By Alaina Lancaster | March 29, 2021
Judge Leonard Stark in Wilmington, Delaware, allowed to move forward Thomson Reuters' claims that ROSS scraped the Westlaw database to create its own platform, but noted that ROSS raised "important and interesting questions" over the copyrightability of Westlaw content.
Delaware Business Court Insider
By Alaina Lancaster | March 29, 2021
Judge Leonard Stark in Wilmington, Delaware, allowed to move forward Thomson Reuters' claims that ROSS scraped the Westlaw database to create its own platform, but noted that ROSS raised "important and interesting questions" over the copyrightability of Westlaw content.
By Alaina Lancaster | March 29, 2021
Judge Leonard Stark in Wilmington, Delaware, allowed to move forward Thomson Reuters' claims that ROSS scraped the Westlaw database to create its own platform, but noted that ROSS raised "important and interesting questions" over the copyrightability of Westlaw content.
By Tom McParland | March 26, 2021
The Second Circuit cautioned judges in such cases against trying to "assume the role of art critic" by seeking to ascertain the intention or meaning of the works at issue.
By Tom McParland | March 26, 2021
The Second Circuit cautioned judges in such cases against trying to "assume the role of art critic" by seeking to ascertain the intention or meaning of the works at issue.
By Tom McParland | March 22, 2021
The Second Circuit was considering whether to uphold a trial court's ruling that the picture was used for the educational purpose of "contextualizing" a famed guitar on display in an exhibition, while an attorney said the photo, which captured Van Halen in performance, was improperly used in a "literal" and "wholesale" fashion.
New York Law Journal | Commentary
By Benjamin E. Marks and Rachel Kaplowitz | March 19, 2021
'Canada Hockey v. Texas A&M University', now pending in the Fifth Circuit, presents the question of whether there are any circumstances under which a state actor can be held liable for infringement. Did "by no means always" really mean "never"? And, if not, where is the line?
By Michael A. Mora | March 18, 2021
Greenberg Traurig partner, Joshua R. Brown, said in certain instances some copying is unintentional and can be resolved without litigation, while in other situations there is willful intent that will require a resolution in the courts, such as in this lawsuit.
New York Law Journal | Analysis
By Robert W. Clarida and Robert J. Bernstein | March 18, 2021
In this edition of their Copyright Law column, Robert W. Clarida and Robert J. Bernstein discuss two cases that demonstrate that proving the copyright owner's intent in the absence of a written agreement—and in the face of strenuous disagreement by the copyright owner—can present a difficult evidentiary challenge for defendants.
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