Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram — This week, the Southern District Court of New York dismissed a copyright infringement claim brought by a professional photographer against Mashable. The Hollywood Reporter writes that Judge “Wood comes to this conclusion by discussing how Sinclair agreed to Instagram’s Terms of Use when creating her account. Those terms granted to Instagram ‘a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to the Content.’ Wood writes that because Sinclair ‘uploaded the Photograph to Instagram and designated it as ‘public,’ she agreed to allow Mashable, as Instagram’s sublicensee, to embed the Photograph in its website.'” [Note that Instagram’s terms of service are not unique—most sites that allow users to upload content have similar terms.]
The Breakdown: What Songwriters Need to Know about the Music Modernization Act and Royalty Payments — The U.S. Copyright Office introduces the landmark legislation to songwriters and composers, and points to its more comprehensive page of educational resources on the MMA, including print and video materials.
COVID-19 Relief for Music Industry Workers — MSK attorneys Eleanor Lackman and Craig Bradley provide helpful information regarding unemployment compensation and PPP loans under the CARES Act for bands and musicians.
DSM Directive: French Competition Authority orders Google to negotiate Remuneration with Press Publishers — IPKat reviews the decision from the French antitrust agency regarding Google’s actions following France’s implementation of Article 15 of the Digital Single Market Directive, recently adopted by the EU, which provided a press publishers right. Among other conclusions, “The FCA held that Google’s likely dominant position in the market was the reason why Google was able to impose such conditions on the press publishers. As the traffic generated by Google is crucial and non-replaceable for press publishers and news agencies, they have no choice but to comply with the policy and to accept conditions that are even more unfavourable them than the ones that existed before the transposition of the DSM Directive.”
Supreme Court to hear cases on Trump’s financial docs, religious freedom and Electoral College via telephone — Finally, after postponing all oral arguments in light of COVID-19, this week the Supreme Court announced it will resume hearing arguments in a number of cases by telephone. Unfortunately for copyright fans, arguments in Google v. Oracle, which had originally been scheduled for March 26, will not be heard this term; instead, they will be rescheduled for some time after the Court reconvenes for its new term starting in October.
No comments:
Post a Comment