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

Technology & Marketing Law Blog

AUGUST 2, 2021

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

Editing 145

Editing Law Privacy Contracts 145

Copyright Lately

MAY 17, 2021

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

Fair Use 95

Fair Use Copying Television Social Media 95

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. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

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. 2)-(4) are all within the conventional incentives/access tradeoff lens.

Copyright 45

Copyright Licensing Fair Use Contracts 45

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