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Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
A lawyer for Mavrix, which supplies celebrity photos — including candid shots of Katy Perry, Beyoncé and Kim Kardashian — to publications like People and Us Weekly, told the U.S. Court of Appeals for the Ninth Circuit last month that a Central District of California summary judgment ruling in 2014 should be reversed because LiveJournal Inc., the owner of ohnotheydidnt.livejournal.com took an active role in posting more than 40 of Mavrix's copyrighted photos.
In taking an active role in posting the photos, the photo agency argued, LiveJournal was not protected under the federal Digital Millennium Copyright Act (DMCA), which shields Internet service providers from copyright infringement claims. For its part, LiveJournal maintains it plays no role in deciding what gets on the site, which relies on third parties to submit photos.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.