Over twenty years ago, the Ninth Circuit decided the case of Dr. Seuss Enterprises., LP v. Penguin Books USA, Inc. That case involved a copyright infringement lawsuit brought by Dr. Seuss over a book entitled The Cat NOT in the Hat! A Parody by Dr. Juice. This book was about the O.J. Simpson trial presented
copyright infringement
Supreme Court: File Your Copyright Application!
By Audrey A Millemann on
This week, the Supreme Court resolved a split in the circuits regarding an issue in copyright law that affects copyright owners in California. Until now, the law in the Ninth Circuit was that a copyright owner could file suit for infringement as soon as they filed a copyright application in the Copyright Office. However, in…
Ninth Circuit Rejects “General Possibility” of Infringement Theory
By James Kachmar on
Posted in Copyright Law, IP Law Blog Lawyers In The News
Today’s real estate industry relies heavily on the use of websites displaying photographs of properties for sale to entice buyers. Many of the photographs on these sites are taken by professional photographers who license the use of their photos and retain the copyrights to them. In Stevens v. CoreLogic, Inc. (decided June 20, 2018),…
Ninth Circuit Denies Copyright Protection to Monkeys
By Audrey A Millemann on
Posted in IP Law Blog Lawyers In The News
Does anyone think that a monkey has standing to bring a copyright infringement lawsuit? In Naruto v. Slater, 888 F.3d 418 (9th Cir. 2018), the Ninth Circuit Court of Appeals said no, but not without carefully considering the issue.
Animals have many legal rights based on federal and state laws. Most of those rights…
No More Monkey Business: The Ninth Circuit Finds Monkeys Cannot Sue for Copyright Infringement
Posted in Copyright Law, IP Law Blog Lawyers In The News
The Ninth Circuit was recently faced with a novel issue: Does a crested macaque, or generally speaking, a monkey, have the right to sue humans, corporations, and companies for damages and injunctive relief arising from claims of copyright infringement? Unless you’re familiar with this case, you’re probably wondering what occurred to give rise to Naruto,…