article thumbnail

Digital Death Penalty? Legal Battle over Piracy Disconnections Heats Up in Appeals Court

TorrentFreak

On top of that, it notes that the $223 million damages for derivative works should not have been granted. In 2013 and 2014, Cox terminated over 600,000 residential and 20,000 business customers for nonpayment — over 800 terminations a day. Music Companies See a Profit Motive. The music companies see things quite differently.

Music 132
article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. Prince [10] (no relation), in which the Second Circuit rejected the premise that a secondary work must comment on the original to be sufficiently “transformative” to qualify as fair use.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

article thumbnail

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

29, 2013), [link]. [ii] Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? 1, 2013), [link]. i] Kelsey Skager, What are Memes & Can You Use Them in Marketing? vii] Deidrè A. 511, 523 (2012).

article thumbnail

Copyright and Transformative Fair Use

Patently-O

Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on.

Fair Use 134
article thumbnail

With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

LexBlog IP

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

article thumbnail

Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd. 1] [1916] 2 Ch 601. [2]