No Fair Use for Photo Used Without Required Attribution; The National Law Review, February 15, 2024

Timothy M. Dunker of McDermott Will & Emery, The National Law Review; No Fair Use for Photo Used Without Required Attribution

"The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.” Philpot v. Independent Journal Review, Case No. 21-2021 (4th Cir. Feb. 6, 2024) (King, Wynn, Rushing, JJ.)

Larry Philpot, a professional concert photographer, photographed Ted Nugent at a concert in July 2013. In August 2013, Philpot registered the photograph with the US Copyright Office and published the photograph on Wiki Commons under a Creative Commons License specifying that anyone could use the photograph for free as long as they provided the following attribution: “Photo Credit: Larry Philpot of www.soundstagephotography.com.”"

Appeals court vacates decisions that canceled Redskins trademark registrations; USA Today, January 18, 2018

Erik Brady, USA Today; Appeals court vacates decisions that canceled Redskins trademark registrations

"The U.S. Court of Appeals for the Fourth Circuit on Thursday vacated decisions that had canceled the Washington NFL team’s federal trademark registrations, officially ending a legal fight that lasted more than 25 years.

Legally speaking, the team won. Culturally speaking, Native American petitioners believe they did."

Alleged video pirate Kim Dotcom loses in U.S. appeals court; Politico, 8/12/16

Josh Gerstein, Politico; Alleged video pirate Kim Dotcom loses in U.S. appeals court:

"A panel of the Richmond-based 4th Circuit U.S. Court of Appeals ruled, 2-1, that Dotcom—the swashbuckling founder of the once-highly-popular file-sharing website Megaupload—could not recover his assets because he remains a fugitive from criminal charges of racketeering, conspiracy to commit copyright infringement and conspiracy to commit money laundering in a scheme that allegedly caused $500 million in damages to the motion picture industry.

"The refusal to face criminal charges that would determine whether or not the claimants came by the property at issue illegally supports a presumption that the property was, indeed, so obtained," Judge Roger Gregory wrote in an opinion joined by Judge Allyson Duncan."