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.
- 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
- 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
- Advocating for Ethics-Driven Regulation for Blockchain Technologies
- Other Barks & Bites for Friday, September 23: Thaler Seeks Rehearing of CAFC Decision on DABUS AI, the Solicitor General Urges SCOTUS to Deny Cert in Amgen, and FTC Orders Amazon’s Jassy and Bezos to Testify in Prime Investigation
- Exploring the CAFC’s Ridiculous Written Description Standard for Life Sciences Patents