Monthly Archives: February 2014

Nine Thoughts On The Ninth Circuit’s “Innocence of Muslims” Copyright Decision

Innocence 1By now, you’ve probably heard the agonized shrieks of your friendly neighborhood copyright lawyer, decrying the Ninth Circuit’s opinion Garcia v. Google. If you haven’t had the time or inclination to read the opinion, here is a quick synopsis, followed by our list of nine ways in which many find the Ninth Circuit’s February 26, 2014 decision somewhat troubling.

Synopsis

Cindy Lee Garcia agreed to act in a low budget film called “Desert Warrior,” for which she was paid $500.… More

Third Circuit Attempts to Untangle Defamation and False Light Invasion of Privacy

Capture

In Graboff v. American Academy of Orthopedic Surgeons, the Eastern District of Pennsylvania found that the defendant’s statement was not defamatory but was a false light invasion of privacy (“false light”). The defendant appealed on the grounds that such a ruling was inconsistent as a matter of law. On February 20, 2014, the Third Circuit finally weighed in on the matter.… More

Commercial Disparagement An Increasing Concern In The Age Of Social Media

tweetsCompanies are turning to social media with increasing frequency to directly communicate with customers and potential customers.  T-Mobile USA is no exception. Not only did the company release an astonishingly snarky press release in January, complete with fake quotations attributed to AT&T, but both T-Mobile and its CEO, John Legere, have recently taken to Twitter to comment on the services of their competitors.  These comments,… More

“Facebook Said I Could” Defense Fails to Justify Digital Millennium “Trademark” Notice

Crossfit picCrossFit, Inc., the fitness training company, licenses its trademarked name and goodwill to over eight thousand affiliates worldwide at $3,000 per year per affiliate. When non-affiliate Jenni Alvies began posting on Facebook about fitness under the name “Crossfit Mamas” (including selling exercise apparel bearing the same name), CrossFit felt Alvies was infringing its mark.

So CrossFit did what anyone would do in this day and age.… More

“Please Sir, I Want Some More” Rules: U.S. Copyright Office Considers “Orphan” Works Legislation

The U.S. Copyright Office has called for public comment on potential legislative solutions to the problem of orphan works under U.S. Copyright law.

An orphan work is an original work of authorship whose author cannot be located or identified when someone is seeking permission to use it. For example, say you want to reprint a photograph in a book, but you can’t identify or locate the photographer,… More

A Presidents Day Copyright Story: George Washington And The “First” Fair Use Case

George Washington is responsible for a lot of “firsts.” For example, he was the first President, the first Commander-in-Chief of the Continental Army and the first guy to have the George Washington bridge named after him. But President Washington was also indirectly responsible for what is widely regarded as the first American application of the copyright doctrine of fair use.

Jared Sparks, Charles Upham and the Washington Letters

When Washington died in 1799,… More

Crimes of the Heart: A Trademark Valentine To Betty Boop

Boop4Betty Boop, the cartoon character created by Max Fleischer in 1930, has always been associated with the trappings of Valentine’s Day. She is frequently depicted on merchandise alongside symbols of love, especially the heart shape. But in 2011, the 9th Circuit Court of Appeals arguably killed Betty Boop’s trademark with that very shape. Why would 9th Circuit do such a thing? The answer is found in the doctrine of aesthetic functionality.… More

Fixation by Legal Fiction: Did the Second Circuit’s Fair Use Ruling For Bloomberg Leave Open A Pandora’s Box for Copyright Law?

Swatch imageAbout ten years ago, I saw an attorney argue a hopeless criminal appeal. He began his remarks with: “Your Honors, I know I’m going to lose this case, but how I lose it is very important.”

Bloomberg News may feel the same way about its recent win in the Second Circuit. The Court ruled that Bloomberg’s unauthorized distribution of the recording of a Swatch Group investor conference call was fair use.… More