Monday, November 14, 2022

9th Circuit clarifies that Rogers v. Grimaldi covers news/political speech, not just "art"

Logical, but this is the clearest statement yet. Opinion here. The court also clarifies that, when Gordon v. Drape said that courts should consider whether the parties made the same type of use, the level of generality had to be pretty specific--it was not enough that both parties made "source-identifying" use if they did not identify the same product, and it was also not enough that they were both "online" services. Also of note: Although identifying the actual authors in prominent places was helpful to avoid explicit misleadingness, it wasn't required "at every possible turn."

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