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Different Look, Different Feel: Rehashing Fair Use in the Second Circuit
In a recent decision, the U.S. Court of Appeals for the Second Circuit in Romanova v. Amilus Inc., No. 23-828, 2025 WL 1479007 (2d Cir. May 23, 2025), addressed application and analysis of the fair use doctrine under copyright law, and reversed the district court’s finding of fair use. In an unusual situation, the lower court had dismissed the complaint sua sponte, although the defendant’s time to respond to the complaint had expired.
At issue was whether a website’s unauthorized display of a photographer’s copyrighted photograph, originally published under license in National Geographic Magazine, constituted fair use. The crux of the case is whether the U.S. District Court for the Southern District of New York’s sua sponte dismissal of the complaint with prejudice was proper and whether fair use was clearly established on the face of the complaint. Particularly, the Second Circuit reviewed the district court’s finding that Defendant Amilus Inc.’s publication of Plaintiff Jana Romanova’s photograph communicated a different message than was originally intended by Plaintiff.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."