Technology & Marketing Law Blog

MAY 30, 2022

Walking Mountain (affectionately known as the “Barbie in a Blender” case) noted that “every court to address the issue whether a defendant’s work qualifies as a parody has treated this question as one of law to be decided by the court.” The court spends more time on its likelihood of confusion analysis.

Blogging 94

Blogging Social Media Television Fair Use 94

43(B)log

FEBRUARY 22, 2022

Designed to be freely available licensed or public domain; we occasionally use fair use images where no free image is available, such as when a famous work has been destroyed. Encourage CO to think carefully about smaller nonprofit and educational uses. Careful justifications/written record when we make those exceptions.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. A: we have to give meaning to the verbiage.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 3, 2024

Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Usufructuary rights—use and benefit from property; interference w/right to repair and w/right to use it with other stuff by preventing interoperability. Property v. property: TM v. chattels; IP v.

Privacy 59

Privacy Fair Use Fanworks Government 59