Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity
In Philpot v. Independent Journal Review, 92 F.4th 252 (4th Cir. 2024), the U.S. Court of Appeals for the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
Facts
In July 2013, Larry Philpot, a professional concert photographer, took a photograph of "Motor City Madman" Ted Nugent performing. On Aug. 21, 2013, Philpot applied to register the Nugent photo with the U.S. Copyright Office as part of a collection of unpublished works, and the Office issued Philpot a registration certificate effective Aug. 21, 2013. The next month, Philpot published the Nugent photo on Wikimedia Commons under a Creative Commons license. The license specified that anyone could use the Nugent photo for free so long as they provided attribution to Philpot.
On Aug. 8, 2013, Philpot entered into a licensing agreement with nonparty AXS TV under which Philpot granted AXS TV a two-year license to inspect 1,000 of Philpot's photos in order to select 12 to "curate for licensing." The AXS agreement provided that AXS TV's license for the photos would become effective upon Philpot's email delivery of the photos to AXS TV. On Sept. 10, 2023, Philpot emailed AXS TV a batch of photos that included the Nugent photo.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?