It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc., now rejected by a number of courts.
Continue Reading Is The Server Test Ready for a Reboot?
We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by photographers against celebrities who reposted photos on their social media accounts. Two specific celebs who have taken a stand are
Under the Copyright Act, an owner of a copyright suing for infringement may elect to seek statutory damages instead of actual damages. The amount of statutory damages under the Copyright Act are limited to $30,000 for innocent infringement and up to $150,000 for willful infringement. In Desire, LLC v. Manna Textiles, Inc., et al. (decided February 2, 2021), the Ninth Circuit was confronted with the issue of whether a plaintiff is entitled to multiple statutory damage awards where some of the defendants are found to be jointly and severally liable with each other.
Desire is a fabric supplier that had obtained and registered with the Copyright office “a two dimensional floral print textile design.” Shortly thereafter, a woman’s clothing manufacturing, Top Fashion, purchased a couple of yards of the fabric from Desire in order to secure a clothing order with Ashley Stewart, Inc., a woman’s clothing retailer. Unfortunately, Top Fashion and Desire had a dispute over the fabric’s price. Top Fashion then showed the design to Manna, a fabric designer, who in turn used a Chinese textile design firm to modify the design. That designer changed approximately 30-40% of the original design, and Manna subsequently registered the “new” design with the Copyright Office.
Continue Reading The Interplay Between Statutory Damages and Joint and Several Liability in a Copyright Infringement Action
Unicolors, Inc. creates and markets artistic design fabrics to various garment manufacturers. Some of these designs are marketed to the public and placed in its showroom while other designs are considered “confined” works that Unicolor sells to certain customers. Unicolors withholds marketing them to the general public for a set period of time. In order to save money, Unicolors often times groups various designs into a “single work” when filing with the U.S. Copyright office for copyright registration. The Ninth Circuit in Unicolors v. H&M Hennes & Mauritz (May 29, 2020), recently addressed whether this practice, grouping both public and “confined” works into a single registration application, creates a valid copyright that Unicolors could enforce.
Continue Reading “Birds of a Feather” – The Ninth Circuit Confronts “Single Unit of Publication” Copyright Issue
In the early 2000’s, an all-girl band called 3LW performed a song called “Playas Gon’ Play,” which was written by Sean Hall and Nathan Butler. “Playas Gon’ Play” was initially released in May, 2001 and rose to number 81 on the Billboard’s Hot 100 chart. The album on which “Playas Gon’ Play” appeared sold over One Million copies and 3LW performed the song numerous times on national television. The chorus of “Playas Gon’ Play” consists of the following lyrics:
Playas, they gonna play
And haters, they gonna hate
Ballers, they gonna ball
Shot callers, they gonna call
That ain’t got nothin’ to do
With me and you
That’s the way it is
That’s the way it is.
Continue Reading Player/Haters May Be Original After All
