By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca
The Second Circuit recently issued an opinion involving a wide scope of copyright fair use issues. In Cariou v. Prince, 11-1197-cv (2d Cir. April 25, 2013), the Court held in favor of defendant Prince, who appropriated dozens of Cariou’s photos in thirty collages. The Court found that when the original… More...
It was once highly unusual for a successful copyright infringement plaintiff to win punitive damages – indeed, most courts have held that punitives were wholly unavailable for claims under the federal Copyright Act. But in the last decade, courts have been increasingly willing to allow punitive More...
In its decision in US v. ASCAP, 485 F. Supp. 2d 438 (SDNY 2007), the Southern District of New York clarified how the Copyright Law concept of “public performance” applies to the Internet concepts of downloading versus streaming. While on its face, the decision appears to establish a bright line More...
In this appeal brought by both the copyright owner Perfect 10, Inc. and defendants which included Internet search engine and Internet retailer (Google, Inc. and Amazon.com, Inc.), the Court of Appeals ruled that the Internet search engine operator's act of framing in-line linked full-size images of More...
The Ninth Circuit recently clarified the requirements for notice under the safe harbor provision of section 512 of the Digital Millenium Copyright Act. Though other courts have created relatively flexible standards, the Ninth Circuit ruled that compliance with all of the section’s clauses is More...
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