Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 90

Blogging Social Media Television Fair Use 90

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. The input was copyrightable; the output is not.

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. A: Chamberlain highlights that these are abuses, but you have conflicting precedent w/Blizzard and the Copyright Office saying no, 1201 is absolutely supposed to cover these situations.

Privacy 59

Privacy Fair Use Fanworks Government 59