Remove 2005 Remove Copying Remove Derivative Work Remove Designs
article thumbnail

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. Also, see Q2 of my 2005 contracts law exam and the sample answer. Warner Bros.

Blogging 135
article thumbnail

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

article thumbnail

Maybe Duct Tape Can’t Fix Everything: Slippery Standards As Copyright Goes Bananas

LexBlog IP

For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. Newman , 959 F.3d