Ninth Circuit Narrows Copyright Owner’s Ability to Receive Multiple Statutory Damages Awards

The following post comes from Liz Velander, a recent graduate of Scalia Law and a Research Assistant at CPIP. By Liz Velander A recent Ninth Circuit ruling limits the amount a copyright owner can be awarded in statutory damages. In Desire v. Manna, the court found that the Copyright Act only lets owners collect a … Continue reading “Ninth Circuit Narrows Copyright Owner’s Ability to Receive Multiple Statutory Damages Awards”

Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix

This past Friday, the Ninth Circuit handed down its opinion in Dr. Seuss v. ComicMix, a closely watched transformative fair use case. The decision marks an important milestone in the development of the fair use doctrine, especially as applied to mash-ups—where two or more preexisting works are blended together to create a new work. However, … Continue reading “Ninth Circuit Clarifies Transformative Fair Use in Dr. Seuss v. ComicMix

Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo

The Second Circuit’s recent opinion in Capitol Records v. Vimeo is, to put it mildly, pretty bad. From its convoluted reasoning that copyrights under state law for pre-1972 sound recordings are limited by the DMCA safe harbors, despite the explicit statement in Section 301(c) that “rights or remedies” under state law “shall not be annulled … Continue reading “Second Circuit Deepens Red Flag Knowledge Circuit Split in Vimeo”

Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators

The Ninth Circuit’s opinion in Lenz v. Universal is out, and it’s a doozy. The main issue in the case is whether a rightholder has to consider fair use before sending a DMCA takedown notice. Section 512 requires the sender to state that she “has a good faith belief that use of the material in … Continue reading “Ninth Circuit Gets Fair Use Wrong to the Detriment of Creators”