LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. The “Ghostbusters” folks eventually settled on Ray Parker Jr.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 11, 2021

Significant rise in substantial similarity litigation starting in 2006—tripled. Share of 9 th Circuit opinions also exploded in 2006. Courts don’t do really prong one beyond assessing access (not independently assessing copying). Derivative works? Possibly related to internet adoption.

Trademark 72

Trademark Copyright Branding Brands 72