Tag Archives: Ninth Circuit

Ninth Circuit Holds that Registration of a Single Photography Database Supports Award of Statutory Damages for Each Individual Photo in the Database

Reasoning that the form of a copyright registration does not really matter, the Ninth Circuit recently affirmed a district court’s ruling that real estate photography provider VHT was entitled to statutory damages for 2,700 photos infringed by Zillow even though VHT had registered all of the works at issue as part of a single database. … Continue Reading

No First Amendment Right to Confuse Consumers, High Court Holds

Today, in a unanimous decision, the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Justice Kagan writing for the Court held that the First Amendment does not give infringers license to trade on the … Continue Reading

Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

Last year, I wrote about a ruling in the Southern District of New York, Sinclair v. Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the … Continue Reading
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