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.” Defining the scope of Viacom’s trademark rights more explicitly might not change the outcome.

Blogging 91

Blogging Social Media Television Fair Use 91

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. This is a space to monitor but perhaps law doesn’t have all that much to say.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

AUGUST 3, 2023

Cariou is still arguably good law w/the exception of the relevance of artist’s intent. 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. Court chose to rule quite narrowly in part b/c of concessions during litigation.

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. They’re making failure to monitor repeat infringers into its own independent basis of liability—so it’s not really a DMCA case, but a conflation of common law and DMCA theories of liability. Right of possession: They can break devices remotely. Property v.

Privacy 59

Privacy Fair Use Fanworks Government 59