Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Photographs on the Internet: Circuit Courts Examine Copyright Infringement
Two April 2019 circuit court cases clarified copyright infringement of photographs on the Internet. In a case of first impression before the Ninth Circuit, the court opined on the degree of financial benefit required to prove vicarious liability for copyright infringement. In addition, the panel examined jury instructions regarding willfulness in the context of statutory damages. In the Fourth Circuit, the court examined how the infringer's motives could affect the affirmative defense of fair use. Both cases serve as cautionary tales for those who takes photographs for their websites from the Internet without investigating copyright rights.
The Ninth Circuit on Proving Vicarious Liability for Copyright Infringement
Vicarious Liability and Willfulness
In Erickson Productions, Inc.; Jim Erickson v. Kraig Rudinger Kast, No. 15-168801, D.C. No. 5:13-cv-05472-HRL (9th Cir. April 16, 2019), the defendant Kast had hired Only Websites, a website developer, to revamp the website of his business Atherton Trust. Early in the design process, Kast asked Only Websites to use one of Wells Fargo's websites as a model for the redevelopment project. According to the court, “Kast also stated in emails that he wanted to mimic Wells Fargo's website.” The Wells Fargo website contained photos that plaintiff Erickson had licensed to the financial institution.
Only Websites used three of Erickson's photos on the Atherton Trust developmental website without permission. The record does not indicate whether the developer did this unilaterally or at Kast's request. The circuit court decision reports that Kast knew of the photos at least as early as January 2011. He did not, however, order Only Websites to take them down until six months later, when he received a cease and desist letter from plaintiff Erickson. While Kast ensured the photographs' prompt takedown at this juncture, he refused to pay any damages. Instead, Kast blamed the website developer for the unlicensed use of Erickson's copyrighted photographs.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Top 5 Strategies for Managing the End-of-Year Collections Frenzy
End of year collections are crucial for law firms because they allow them to maximize their revenue for the year, impacting profitability, partner distributions and bonus calculations by ensuring outstanding invoices are paid before the year closes, which is especially important for meeting financial targets and managing cash flow throughout the firm.
The Self-Service Buyer Is On the Rise
Law firms and companies in the professional services space must recognize that clients are conducting extensive online research before making contact. Prospective buyers are no longer waiting for meetings with partners or business development professionals to understand the firm's offerings. Instead, they are seeking out information on their own, and they want to do it quickly and efficiently.
Should Large Law Firms Penalize RTO Rebels or Explore Alternatives?
Through a balanced approach that combines incentives with accountability, firms can navigate the complexities of returning to the office while maintaining productivity and morale.
Sink or Swim: The Evolving State of Law Firm Administrative Support
The paradigm of legal administrative support within law firms has undergone a remarkable transformation over the last decade. But this begs the question: are the changes to administrative support successful, and do law firms feel they are sufficiently prepared to meet future business needs?
Tax Treatment of Judgments and Settlements
Counsel should include in its analysis of a case the taxability of the anticipated and sought after damages as the tax effect could be substantial.