Archives for April 2013

Second Circuit Rules Most Appropriation Art is Fair Use: Cariou v. Prince

A-773,Graduation, Richard Prince In Cariou v. Prince, the Second Circuit has arguably expanded the scope of fair use in the context of appropriation art.  In its decision, the majority not only reversed the district court’s summary judgment in favor of the plaintiff photographer, but entered its own summary judgment in favor of the defendant with respect to 25 of the 30 works at issue, and remanded for further proceedings with respect to the other five.  Crucially, the majority held that in analyzing the first fair use factor (the purpose and character of the use), the defendant’s work need not comment upon or criticize the plaintiff’s work in order to be deemed transformative.  [Read more…]

Breaking Copyright Royalty Board News: Judge Roberts Resigns Suddenly

Judge using his gavelJudge Roberts tendered his resignation from the Copyright Royalty Board today.  He is presently serving his second term, which would not have expired until next year.  The resignation is effective May 4, 2013.

Here is Judge Roberts’s letter of resignation:

Viacom v. YouTube: District Court Again Dismisses All Copyright Claims Against YouTube

Judge using his gavelOn remand from the Second Circuit, which had partially reversed the district court’s summary judgment dismissing Viacom’s copyright infringement claims against YouTube, the district court has again dismissed all claims on DMCA safe harbor grounds.

After Judge Stanton first dismissed Viacom’s case, holding on summary judgment that YouTube was shielded by the DMCA safe harbor, the Second Circuit reversed and remanded for further briefing due to questions regarding, inter alia, whether the record evidence established (1) YouTube’s actual or “red flag” knowledge of specific infringing activity, (2) willful blindness to such activity, and (3) whether YouTube had the right and ability to control the infringing activity.

On remand, and after further briefing, Judge Stanton again granted summary judgment on all counts to YouTube. [Read more…]