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1: Publication Fights Back With Fair Use In Caroline Wozniacki Copyright Case
First off today, Darren Heitner at Above the Law reports that tennis player Caroine Wozniacki has filed a lawsuit against LongIslandTennisMagazine.com over the site’s use of her photo as part of an article about her retirement.
The site had embedded Wozniacki’s photo from the tennis player’s Instagram account while covering her retirement. This prompted Wozniacki to file a lawsuit against the site for alleged copyright infringement. However, the site has hit back but is not arguing that embedding the photograph was legal but instead is focusing their arguments on questions of fair use.
To that end, they argue that using the image as part of an article about the player was clearly transformative and part of news and commentary on the player. They also pointed out that the effective date of registration was not until after the Instagram post was uploaded, meaning that damages in the case should be severely limited.
2: Aboriginal Flag: Senate Inquiry Rejects Calls for Government to Take Over Copyright
Next up today, Lorena Allam at The Guardian reports that, in Australia as Senate inquiry into the copyright of the Aboriginal flag has rejected calls for the federal government to acquire the copyright to the flag, saying that it would set a “dangerous precedent” if it did so.
In recent months, the non-Indigenous company WAM Clothing has been strongly asserting its copyright in the flag, demanding payments for its use. This has resulted in the flag being dropped from several sporting major events and in many Indigenous people being threatened with legal action over their use of the flag.
The committee was set up to look at the copyright of the flag and, though it expressed hope that the company would voluntarily sign over the copyright in the flag, it rejected calls to use its power to compel the company to turn it over. As such, it seems likely that the dispute will continue into the foreseeable future.
3: Nintendo’s Lawyers Nuke ‘The Missing Link’ Fangame With Copyright Complaint
Finally today, Andy Maxwell at Torrentfreak writes that Nintendo has filed a copyright notice with GitHub that resulted in the removal of a fan-made Legend of Zelda game named The Missing Link.
The game came from a team that’s well-known for making unofficial Mario games. This summer, they decided to try something different and released The Missing Link, a game based on the 20-year old The Legend of Zelda: Ocarina of Time. The game ws released in a format that was compatible with the N64 and the Wii.
However, the game is no longer available as Nintendo, the copyright holder in both the engine and the characters, has filed a copyright notice with GitHub ordering its removal. Other projects from the team have been met with a similar fate. However, Nintendo has not filed a lawsuit over the game or any of the other projects the team has embarked on.
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