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Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.” The court also notes that the server rule distinguishes between a copy “possessed by the infringer and showing a copy possessed by someone else.”.

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

Copyright Lately

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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Kat Von D Tattoo Infringement Trial Begins: What You Need To Know

Copyright Lately

Photographer Jeff Sedlik will ask a federal jury to find that celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D) infringed the copyright in his iconic portrait of Miles Davis by reproducing the photo in a tattoo and then displaying images of her handiwork on social media. What Will The Jury Need to Decide?

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

43(B)log

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.

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District Court Rules Internet Archive’s Open Library Project is Not Fair Use

IP Tech Blog

A federal district court in New York held that the Internet Archive’s Open Library project was engaging in copyright infringement by publishing digital copies of millions of books online. The court engaged in an extensive analysis of whether the purpose and character of Internet Archive’s use was transformative. of America v.

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Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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copying/explicit references let Roblox proceed with dubious (c) claim; Lego should be watching

43(B)log

Wowwee sells a line of dolls called “My Avastars,” which plaintiffs allege were “copied directly from Roblox’s Classic Avatars.” Looking at the side by side pictures in the complaint, this is a bit hard to swallow, but the evidence of copying/references to Roblox clearly bleed over from the TM side.

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