$23M Royalties Scam On Youtube – Tip of The Iceberg – Reveals Voluntary Blindness

On Youtube, just about anyone can claim copyright in just about any video for the purpose of monetizing, regardless of whether they own a fragment of a copyright or not. You will only hear about it when someone gets too greedy (in the range of $23M) after claiming over 50,000 copyrights, buying a series of …

Meta v. Meta: Facebook Sued For Trademark Infringement

Earlier this month, we discussed how the name Meta seems like a rather dubious choice for Facebook\’s rebrand and how by analogy, precedent informs that the addition of the descriptive term \’meta\’ has been deemed insufficient to meaningfully distinguish between disputed domain names.  Well, it turns out the name Meta was already taken by a …

Fair Use Doctrine: Pablo Picasso Copyright Case Reversed

In the latest high profile case involving alleged fair use of Pablo Picasso’s work in a book on the subject, The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling deeming French court’s judgment in that matter was unenforceable under U.S. law. The case is notable for the …

Metaverse Fashion Week 2022 and What on Earth Are NFTs?

The Jonathan Simkhai Online Store features both virtual and regular designs. My last post on the metaverse turned into a 3000 word paper, but we only covered part of the foundation of the metaverse. I\’ll take the opportunity in this post to discuss non fungible tokens (NFT). Take a deep breath. We saw that the …

New York Court of Appeal: No Habeas Corpus for Happy The Elephant, 2 Judges Dissent

The New York Court of Appeals has ruled that \”Happy\” the elephant has no human writ of habeas corpus rights that would allow her to challenge her imprisonment at the Bronx Zoo. The 5-2 decision was written by Chief Judge Janet DiFiore with Judges Rowan Wilson and Jenny Rivera dissenting. \”Because the writ of habeas …

Bell v. L3d Distributing, 2021 FC 832, Inducement of Copyright Infringement

Inducement of copyright infringement is a novel cause of action recognized for the first time in Bell Canada v. L3d Distributing where the Federal Court awarded a group of media broadcasters over $25M in statutory damages for the streaming of unauthorized content on defendants pre-programmed set-top boxes. In cases of \”whack-a-mole\” patterns of infringement where …