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First off today, The Fashion Law reports that Kendall Jenner is facing a lawsuit over a video featuring herself that she posted to Instagram.
The lawsuit was filed by Angela Ma, who recorded a short clip of Jenner leaving a New York store in September 2019. Jenner then took that video and posted it to her own Instagram account, prompting Ma to register the video with the U.S. Copyright Office and then file a copyright infringement lawsuit against Jenner.
The lawsuit is asking for a full accounting of Jenner’s profits or gains from the post or, alternatively, is seeking $150,000 in statutory damages, the maximum allowed under the law.
Next up today, Stephanie Bodoni at Bloomberg reports that an advisor to the EU’s highest court has issued a non-binding opinion that says Google can not be forced to reveal contact details about people posting copyright-infringing content on its YouTube platform.
The case involves deals with the rightsholders to Scary Movie 5 and Parker, who are hoping to identify those that uploaded the films to YouTube in 2013 and 2014. They specifically are wanting contact information including email, telephone and IP addresses used.
However, according to advocate general, there is no EU legislation where the terms “names and addresses” refer to a telephone number, IP address or email, meaning that such information can’t be passed on. The opinion is non-binding but the court does routinely follow the recommendations of the advocate general.
Finally today, Kyle Jahner at Bloomberg Law reports that the U.S. Copyright Office is extending the deadline for copyright holders seeking to register an infringed work and still be able to collect statutory damages.
Under normal circumstances, a rightsholder must either register a work before an infringement takes place or within three months of publication if they hope to seek statutory damages. However, with the COVID-19 pandemic, many rightsholders are finding it difficult to file timely registrations for their works.
For those, the Copyright Office has said that such owners can now do so until a three-month window after the disruption has passed with a start date of March 13. As such, a work published on February 13 will have two months after the disruption ends to timely register their work. However, this only applies to rightsholders who are unable to register their work or complete a physical deposit, not those that just simply don’t do it.