43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

IPilogue

OCTOBER 4, 2021

Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers.

Copyright 131

Copyright Copying Fair Use Editing 131

Michael Geist

FEBRUARY 21, 2023

Canadian copyright lobby groups have relentlessly lobbied the government to overturn decades of Supreme Court of Canada jurisprudence, seeking unprecedented restrictions on fair dealing that include eliminating it for educational institutions if a licence is available. The addition of “education” was hardly an overhaul.

Copyright 54

Copyright Licensing Higher Education Fair Use 54

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

Registration 111

Registration Fair Use Copyright Designs 111

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Trends and patterns: whether a use is compensated or uncompensated.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Copyright Lately

OCTOBER 25, 2021

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

OCTOBER 13, 2021

Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. Here, “the video’s overarching political purpose does not automatically render its use of any non-political work transformative.” 00-cv-6068, 2004 WL 434404 (S.D.N.Y. So too here. Nader 2000 Primary Comm.,

Fair Use 83

Fair Use Music Marketing Marketing 83