Thomas Long

Three dissenters would have dismissed the case as improvidently granted because the petitioner appeared to address different issues in its brief from its petition for review. An inaccuracy in a…

Google prevails in what it has called "the copyright case of the decade." Google LLC’s copying of approximately 11,000 lines of code from the Java SE application programming interface to create the…

A builder of sunrooms allegedly adapted the brochure for online use without permission, but the designer’s application with the Copyright Office was still pending when she filed suit. A graphic…

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not "transformative" and could harm the photographer’s market for licensing her…

An eight-second piece of the song "Fish Sticks n’ Tater Tots" was transformative and reasonably related to the documentary’s purpose of commenting on the resurgence of burlesque dancing. A…

An illustrated book titled "Oh, the Places You’ll Boldly Go!" did not make transformative use of Dr. Seuss’s copyrighted pictures and stories, although Lanham Act claims were properly dismissed under…

Because the copyright owner had held the book out as nonfiction, the "asserted truths" doctrine precluded the owner from later claiming copyright protection for facts contained in it. The members of…

Although the time limit for the claim that Phil Everly was a co-author would begin running when Phil’s authorship was repudiated by Don Everly, factual issues precluded summary judgment on the issue…

Although the claims failed, the district court did not abuse its discretion in rejecting the defendants’ request for a fee award because the plaintiff’s positions were not objectively unreasonable…