The U.S. District Court for the Northern District of California this week ruled that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects Pinterest from a photographer’s claim that the platform infringed his copyrights by displaying his works alongside advertisements in the form of “promoted pins.” Harold Davis, an artist and professional photographer, claimed that Pinterest infringed 51 of his copyrighted works. In one example, Davis’ work, “Kiss from a Rose,” was displayed next to a promoted Pin for an art print called “White Tea Roses by Neicy Frey,” which Davis contended constituted unauthorized commercial use of his work.
- Computer Law
- Fair Use
- First Sale Doctrine
- The Copyright Claims Board: A Venue for Pursuing Actual or Statutory Damages Impacting Both Registered and Unregistered Works
- Win for Photographer in Ninth Circuit Reversal of Fair Use Finding
- Entrepreneur Spotlight: How Ray Young is Fighting Content Theft Encouraged by Big Tech Platforms
- Testing the Bounds of Copyright Protection in Choreographic Works: Hanagami v. Epic Games, Inc.
- IP Issues for Retail Businesses Advertising in Augmented Reality
- CAFC Affirms Merck’s Win at PTAB over Mylan Challenge to Diabetes Treatment Claims
- Federal Circuit Clarifies Alice Step Two Analysis in Reversal of District Court’s Rule 12 Dismissal
- The Judicial Balancing Act: How Judges Manage Competing Interests in Trade Secret Cases
- Jump Rope Company Asks High Court to Weigh in on CAFC Approach to Collateral Estoppel for PTAB Invalidations
- Review Not Warranted: SG Tells SCOTUS to Scrap Amgen’s Case on Enablement Test for Biotech Patents