On August 3, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in McGucken v. Pub Ocean Ltd. that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. The Ninth Circuit found that all of the fair use factors weighed against a determination that Pub Ocean’s unlicensed use of the photographs were transformative.
Recent Posts
- Squires Calls for ‘Born Strong’ Patents in Light of USPTO’s Dire ‘Defective’ Patent Rate
- SAG-AFTRA Says Fortnite’s Use of AI Instead of Actors Is Unfair
- Stewart Clarifies Application of Advanced Bionics, Orders New Briefing in Light of Rescinded Fintiv Memo
- Stewart Issues First Decisions on Discretionary Denial Under Interim Workload Management Process
- Senate IP Subcommittee Talks Legislative Fixes for China’s Threats to American Innovation Leadership