Part 1 of 3: These Colors Run (Maybe Too Fast) to the Courthouse You may have heard the one about the quasi-charitable fun run and how it stole photographs from a freelance photograph and then sued him. Or maybe you’ve heard the one about the photographer who...
Answer: YES, FAIR USE! NOTE: If you haven’t read the question, you might want to click here. In The Swatch Group Mgmt. Servs. Ltd. v. Bloomberg LP, the Second Circuit Court of Appeals held that Bloomberg’s use of a recording of Swatch’s earnings call was fair...
We Took the Whole Thing, But it Was for Journalism! I blogged about Swatch’s dispute with Bloomberg a couple of years ago. At the time, Bloomberg’s motion to dismiss had just been denied, but the trial court explicitly did not address fair use, mostly because it...
A Bad NDA Can Be Worse Than None at All In business, one of the most routine legal documents you’re likely to run into is a non-disclosure agreement, better known as an “NDA.” They’re super handy because they let you disclose secret stuff to business partners and...
Ninth Circuit Clarifies that “Willfully” Means “Willfully” I think most people know that there is such a thing as criminal copyright infringement, i.e., copyright infringement so heinous that the U.S. government will take time from investigating drug deals to...
