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

Eric Goldman

It is hornbook law that secondary liability of all kinds requires proof that direct infringement is occurring. The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. 94-1476 , at 61 (1976).

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. 102(a)(5) , a category that is defined to include photographs, 17 U.S.C.

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Section 230 Applies to Tweeted Links to Defamatory Content–Coomer v. Donald J. Trump for President

Eric Goldman

” That interpretation of Section 230 is obviously wrong, and the appeals court simply replies that “case law from other jurisdictions is uniformly to the contrary.” Ugly : Trump’s lawyers actually got the law right for once, but only by accident. 2006), which stands for the opposite proposition.

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