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Can Instagram Post of Photo Become Transformative?
An enlarged print of an Instagram post containing a copyrighted photo counts as a transformative use, an attorney for “appropriation artist” Richard Prince — whose use of other artists' material in his own works has made him no stranger to the courts — argued before a New York federal judge in April.
At issue in photographer Donald Graham's lawsuit against Richard Prince is a black-and-white photo titled “Rastafarian Smoking a Joint.” Graham v. Prince, 15-cv-10160 (S.D.N.Y.). Graham alleges that he took the photo during a 1996 trip to Jamaica and that it was first published in August 1998. The work was registered with the U.S. Copyright Office on Oct. 20, 2014.
But the registration came after an Instagram user with the username “Indigoochild” posted a slightly cropped version of the photo that was reposted by another user, “Rastajay92,” with the comment “Real Bongo Nyah man a real Congo Nyah,” a reference to a Stephen Marley song.
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.