The Ninth Circuit, a pertinent figure in the US court jurisdiction, has recently passed a judgment that affirms Zillow, the popular real estate marketplace, as guilty of infringing copyrights owned by a well-known real estate photography studio. With the given background information, it’s apparent that this case’s decision marks the second round of a prolonged…
In an interesting development in the field of copyright law, the Ninth Circuit recently issued an opinion stating that Zillow, the popular real estate marketplace, infringed thousands of copyrights owned by a real estate photography studio. This critical opinion was presented as part of a podcast episode on The Briefing, led by Scott Hervey and…
In a decision on July 17, 2023, the Ninth Circuit in the case of Hunley v. Instagram, LLC, No. 22-15293, reaffirmed the legally significant, albeit controversial, “server test.” This rule provides websites with a layer of protection against copyright infringement liabilities when they embed images that are hosted on another website’s server. The Ninth Circuit…
Artificial Intelligence (AI) tools, ranging from text and image generators to music and software code marvelling utilities, have seen a significant proliferation recently. However, their integration with Intellectual Property (IP) has been the subject of intense discussion in legal circles. One of the key focal points of these debates circles around whether works of art…
In a prominent copyright case, the 9th Circuit Court’s Server Test has come under question, intensifying noteworthy debates within the legal profession. The case, Alexis Hunley, et al v. Instagram, LLC, seeks to scrutinize the breadth and legitimacy of this doctrine widely established by the 9th Circuit and subsequently challenged by various courts. The Server…
In a notable legal development, the district court in Maine partially sustained a motion to dismiss a lawsuit brought by artist Ellen Okolita against eBay. Okolita claimed that eBay facilitated foreign counterfeiters to trade replicas of her designs and use her copyrighted photos on their marketplace. These photos included her children modelling the products. Okolita,…
On August 3, 2023, the Ninth Circuit took a non-committal stance on the question of whether a website, using high school yearbook photos to advance its subscriber base, is protected under Section 230 from being the target of a class-action lawsuit. The case alleges that such use of photos constitutes a violation of the publicity…
Another legal action surfaces from the realm of social media, this time involving renowned supermodel Bella Hadid. It’s a territory that is increasingly fraught with copyright disputes, the latest of which accuses Hadid of infringing upon a company’s copyright with an image of herself posted on Instagram. The suit against Hadid is not an isolated…
Apple Inc. recently approached the Trademark Trial and Appeal Board with a plea to revise its attempt to register the “Apple Music” mark. This followed a loss suffered by the technology giant at the Federal Circuit. Notably, the request includes the removal of a section concerning live performances. The particular case at the Federal Circuit…
In a bid to offer essential clarification and guidance, representatives from the Copyright Office revealed insights during a June 2023 webinar regarding the registration process for works that include material generated through artificial intelligence (AI). These clarifications arrive following the office’s initial guidance shared in March 2023 concerning “Works Containing Material Generated by Artificial Intelligence”….
Pima Community College District has instigated legal action for copyright infringement and breach of employment contract against a former instructor. The ex-teacher continued to release online unauthorized recordings of students, including minors, participating in class activities, even after refusing to erase them. The details of the complaint, which originated on Law.com Radar, were outlined on…
When it comes to establishing commercial presence in the market, businesses are typically diligent with safeguarding their corporate identity and branding. However, it seems that equal attention might not often extend to the protection of their product designs and packaging. According to an article by Vondran Legal on JD Supra, businesses might frequently overlook the…