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 92

Blogging Social Media Television Fair Use 92

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. A: but the holding is specific that this is only about licensing in commercial markets.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45