Case Law

Although the contract between a makeup artist and her publisher described the artist as the author of the book, the dispute still arose under the Copyright Act because "author" is a term defined…

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on…

  Image by Clker-Free-Vector-Images from Pixabay On 17 June 2021, the CJEU delivered its judgment in C-597/19 Mircom. It held that uploading (including automatic uploading) of pieces of a file…

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…

  Photo by Markus Spiske on Unsplash Welcome to the second trimester of 2021 round up of EU copyright law! Apologies to readers that this one comes a bit late. In this series, we update readers every…

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…

 The so-called “conditional irresponsibility” of online content-sharing service providers (OCSSPs) with regards to copyright infringements is a never-ending, vexing, and daunting topic not only for…

Voluntary dismissal of infringement claim did not negate an attorney fee award of over $40,000 for non-infringement counterclaim. An award of attorney fees based on a John Doe defendant’s…

"Copyright troll" Design Basics failed to show that copyrighted home designs and allegedly infringing floor plans were "virtually identical." An infringement suit by Design Basics, LLC, which holds…