In Cariou v. Prince et al., 714 F.3d 694 (2nd Cir. 2013) (Available Here), the U.S. Court of Appeals for the Second Circuit found that the Copyright Act does not require that the secondary or derivative use of an original work relate back, in a historical sense, to the original … [Read more...] about Use of Photograph, Transformed by Artist into Paintings and Collages, is Copyright Fair Use
Click-On Terms Of Use (TOS) Creates Valid Assignment For Copyright Infringement
The 4th Circuit held that an agreement to transfer ownership of a copyright in a photograph found in a website’s “click-on approved” Terms of Use (“TOS”, sometimes called Terms of Use “TOU”) was a valid assignment of the copyright. Metropolitan Regional Information Systems, Inc. … [Read more...] about Click-On Terms Of Use (TOS) Creates Valid Assignment For Copyright Infringement
Tampa Arena’s Violation Of Implied License For Photos Not Copyright Infringement
The District Court held that an implied license to use photographs on a Facebook page was a good defense to a copyright claim. Davis v. Tampa Bay Arena, Ltd., Case No.: 8:12-cv-60-T-30MAP (M.D. Fla. June 27, 2013) (available here). Plaintiff Davis, a professional photographer, … [Read more...] about Tampa Arena’s Violation Of Implied License For Photos Not Copyright Infringement
Photographs Depicting Factual Content Not Enough For Copyright Infringement
A famous photograph depicting a man wanted by the FBI (for child abduction; passing as a member of the Rockefeller family, British royalty, a Wall Street advisor, and a rocket scientist) does not have enough copyrightable elements to meet the substantial similarity test for … [Read more...] about Photographs Depicting Factual Content Not Enough For Copyright Infringement
