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Trump loses motion to dismiss Electric Avenue case on fair use grounds

43(B)log

Fair use can rarely be decided on a motion to dismiss, the court said, and this wasn’t one of those cases. Here, there was no editing of the “lyrics, vocals, or instrumentals at all.” Cariou , by contrast, involved fair uses where works were “obscured and altered to the point that [they were] barely recognizable.”

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Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

LexBlog IP

” She continued: “ today’s decision—all the majority’s protestations notwithstanding—leaves our first-factor [for fair use] inquiry in shambles.the majority plants itself firmly in the ‘I could paint that’s school of art criticism.’” ’” Take that.

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Publishers & Internet Archive Both Seek Piracy Lawsuit Win Without Full Trial

TorrentFreak

Internet Archive later called for a peaceful solution , offering to partner with publishers to create a “digital system that works” A month later IA filed its answer to the complaint supported by defenses under fair use and the DMCA’s safe harbor provisions, and later attempted to show that its library did publishers no harm.

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Are Memes Dangerous?

LexBlog IP

But wait, shouldn’t the Fair Use Doctrine imputed under the First Amendment apply to an obviously parodied creative work? All meme-like images in this article are properly licensed. Table of Contents: Fair Use Under the Copyright Act How much risk are we talking here? Yes and no. What about meme generators?

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My “Summer” 2022 Activities

Technology & Marketing Law Blog

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). We posted three chapters from the book: Featuring People in Ads (2022 Edition). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Books and Academic Articles. Blog Posts.

Editing 89
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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 120
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Copyright Office as Pivot Between Copyright Holders and AI-Service Providers

Kluwer Copyright Blog

Copyright Office and the explosion of litigation (see here ) in the U.S., More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A. The statements by authors that were consulted by the U.S. This requires institutional reform and a paradigm shift.