The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.Continue Reading The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
The Briefing: No CTRL-ALT-DEL For the Server Test
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and why your location might matter more than you think.Continue Reading The Briefing: No CTRL-ALT-DEL For the Server Test
Instagram Defeats Embedding Lawsuit
We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Various media companies embedded the photos using Instagram’s proprietary embedding tools. The photos, therefore, appeared on websites without any license from the original photographers.
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The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public.
Continue Reading The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?
The Briefing by the IP Law Blog: Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between a sports psychologist and a Miami Dolphins assistant coach.
Continue Reading The Briefing by the IP Law Blog: Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit