Balough
April 22, 2018
(March 17, 2018) The news media has reached out to Balough Law Offices for comments regarding three recent developments in the law. Cheryl Dancey Balough was interviewed by the Cook County Record regarding whether embedded content in social media violate copyright law. For our story on the case, click here. Richard C. Balough was interviewed […]
Balough
March 27, 2018
(March 27, 2018) Great Minds and FedEx Office and Print Services, Inc. don’t think alike, especially when it comes to copying Great Minds documents. The non-profit organization designs educational materials, releasing them to the public without charge subject to a Creative Commons license. As long as the user did not charge for the materials, Great […]
Balough
March 16, 2018
(March 16. 2018) A website that allows anyone to post videos and images, includes in its terms of use a prohibition against posting copyrighted material, and upon notice promptly takes down infringing materials is protected from copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”). Ventura Content, Ltd., which creates and distributes pornographic movies, […]
Balough
February 28, 2018
(February 28, 2018) A Nike, Inc.-commissioned photograph of Michael Jordan flying through the air holding a basketball with the Chicago skyline in the background did not infringe the copyright of a photograph of the basketball legend taken by famous photographer Jacobus Rentmeester. The Ninth Circuit affirmed a summary judgment in favor of Nike, finding that, […]
Balough
February 20, 2018
(February 20, 2018) The widespread practice of embedding links to images and videos on other sites is copyright infringement, according to a New York U.S. district court. The court rejected the Ninth and Seventh Circuit’s use of the “server test,” which states there is no copyright infringement as long as the original image remains on […]
Balough
January 9, 2018
(January 9, 2018) Using automated tools to download data from a website contrary to the site’s terms of use does not violate state computer abuse laws if the downloading of the data is otherwise permitted, the Ninth Circuit found. The appellate court reversed a jury’s finding that Oracle USA, Inc. was entitled to $14.4 million […]
Balough
December 1, 2017
(December 1, 2017) Between 400 million to 800 million workers worldwide could be displaced by automation and artificial intelligence by 2030 and will need to find new jobs, a new report issued by McKinsey Global Institute finds. Of those displaced, between 75 to 375 million will need to switch occupations as well. The report notes […]
Balough
November 1, 2017
(November 1, 2017) A United Kingdom company sending a single newsletter to a small number of recipients in California where the company has no customers is not sufficient to maintain a copyright infringement lawsuit in the United States. The Ninth Circuit affirmed the dismissal of the case brought by Axion Foods, Inc. and Growing Naturals, […]
Balough
August 11, 2017
(August 11, 2017) Facebook did not violate a country-rap singer’s right of publicity by allowing third parties to place ads on pages that contained critical comments about the singer. Country rap artist Mikel Knight, whose real name is Jason Cross, sued Facebook alleging six causes of action. Three of the causes of action were dismissed […]
Balough
June 20, 2017
(June 20, 2017) The United States Supreme Court has found that the Patent and Trademark Office (“PTO”) prohibition against registering trademarks that may disparage or bring into contempt or disrepute any persons is unconstitutional. The PTO denied registration for “The Slants” by a rock group comprised of Asians. The trademark was rejected by the PTO […]
