Mike Nepple

May 16, 2024 | mondaq.com | Matthew A. Braunel |Mike Nepple

If You Choose Not to Decide, You Still Have Made a Choice The Copyright Act's three-year limitation period doesn't limit damages to the three years before suit is filed. And in parts of the country, it currently doesn't require you to sue within three years of the infringement. That is where things stand after the Supreme Court's latest copyright ruling, which left the question of the viability of the discovery rule in a copyright action in limbo. In Warner Chappell Music, Inc. v.

Aug 22, 2023 | lexology.com | Mike Nepple

Instagram isn’t liable for copyright infringement because it provides embedding tools that allow third-party websites to retrieve and display copyrighted photos, according to a recent appellate decision. The Ninth Circuit Court of Appeals based its decision in Hunley v. Instagram on the fact that the third-parties’ servers never make copies of the photos during the embedding process. This is known as the “server test” for intermediary infringer liability.

May 24, 2023 | jdsupra.com | Mike Nepple

In a 7-2 decision, the Supreme Court found that an Andy Warhol silkscreen of the singer Prince, sourced from an original Lynn Goldsmith photograph, did not qualify for the Copyright Act’s “fair use” defense because both the photograph and the silkscreen had the same use, which was to illustrate commercial magazine articles about the singer. “Fair use” is a defense to a claim of copyright infringement, allowing the public to use copyrighted materials in certain circumstances.