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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees. Bell continues to market his 1982 72-page book, and also sells merchandise, “including t-shirts and posters that display the passage that was quoted in the tweets.” Effect on the market: Harm was implausible.

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Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

Some of the major changes to the book this year: I added a note on the Copyright Claims Board. Primer on the Copyright Claims Board (CCB). Copyright Basics (Copyright Office Circular 1). Note About Fair Use. Note on the Copyright Claims Board (CCB). Weis Markets. Primer on CCPA/CPRA.

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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

Parody is tricky, both as an art form and as a matter of copyright law. 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. Did SNL go too far?

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor. The DMCA’s main counterbalance to copyright owner overreach was supposed to be 512(f).

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Announcing the 2022 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

Primer on the Copyright Claims Board (CCB) (now deleted). Copyright Basics (Copyright Office Circular 1). Note About Fair Use. The post Announcing the 2022 Edition of My Internet Law Casebook appeared first on Technology & Marketing Law Blog. I posted the 2022 version, so it’s as fresh as it gets.

Editing 139
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IPSC Panel 5 – Copyright, Distribution, and Access

43(B)log

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.

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Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). In the US, other sound marks include Law & Order ’s ca-chung chung (as Reg. As noted (at 498, fn.