Don’t copy that – Lack of implied license results in copyright infringement
Abstract: The Internet continues to generate new twists and issues in copyright law, forcing courts to apply traditional legal concepts to technologies not contemplated when the Copyright Act was enacted. In one recent case, the U.S. Court of Appeals for the Eleventh Circuit considered whether the publication of material on a blog or “really simple syndication” (RSS) feed granted an implied license to use the material. This article reviews why the court found that the plaintiff’s conduct didn’t constitute consent to an implied license. A brief sidebar summarizes why the court refused to reverse the jury’s rejection of the defendant’s fair use defense. MidlevelU, Inc. v. ACI Information Group, No. 20-10856 (11th Cir. March 3, 2021); Latimer v. Roaring Toyz, Inc. (2010).