Technology & Marketing Law Blog

MAY 30, 2022

It confirms both ownership of valid copyrights and copying by the defendants of original constituent elements of the works. Fanworks seek to create something pleasurable—and sometimes profitable—that exploits’ fans love for the universe and its characters but risk trademark and copyright liability in the process.

Blogging 90

Blogging Social Media Television Fair Use 90

43(B)log

FEBRUARY 22, 2022

Organization for Transformative Works, Rebecca Tushnet: The Organization for Transformative Works (“OTW”) is a nonprofit established to protect and defend fans and fanworks from commercial exploitation and legal challenge. Encourage CO to think carefully about smaller nonprofit and educational uses.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

AUGUST 3, 2023

The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. Bob Brauneis: the preamble says “such as,” and it doesn’t have a unifying principle—teaching, including multiple copies for classroom use, is very different from many of the others.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 3, 2024

Amazon went into users’ Kindles and removed copies of Orwell’s 1984. Governance seam between fixation and use: at point of fixation a work is of no particular value to anyone but author; for a work to flourish it needs to be experienced by others, which requires copying, distribution, display, performance, etc. Property v.

Privacy 59

Privacy Fair Use Fanworks Government 59