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Fair Dealing, Fair Use…and Fair Play

Hugh Stephens Blog

Credit: author Yes folks, it is Fair Use/Fair Dealing Week again (Feb 20-24, 2023). As I wrote last year at this time, the activity is promoted by the Association of Research Libraries in the US, with separate components labelled Fair Dealing Week in Canada and the UK.

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Beyond fair use

Likelihood of Confusion

We’re a little obsessed here with the rights of “unauthorized” resellers to use the trademarks that describe the stuff they’re reselling. The post Beyond fair use appeared first on LIKELIHOOD OF CONFUSION™. Domain Names Fair Use

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Domain names and fair use

Likelihood of Confusion

The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic of interest around here, from. The post Domain names and fair use appeared first on LIKELIHOOD OF CONFUSION™.

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Ephemera and Other Fair Use Defenses

The Illusion of More

I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. The post Ephemera and Other Fair Use Defenses appeared first on The Illusion of More.

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New Fair Use Guidelines: the Defense Narrows

Creative Law Center

Fair use guidelines are evolving. The post New Fair Use Guidelines: the Defense Narrows appeared first on Creative Law Center. You can't just slap your style on someone else's creative work and call it transformative.

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Why Machine Training AI with Protected Works is Not Fair Use

The Illusion of More

Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More. Copyright artificial intelligence fair use Featured machine learning

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The “Fair Use Massacre” (updated)

Likelihood of Confusion

First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.

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On Posting Fair Use Notices in Creative Projects

The Illusion of More

The post On Posting Fair Use Notices in Creative Projects appeared first on The Illusion of More. Copyright fair use FeaturedImagine someone getting caught shoplifting while wearing a tee shirt that says: “I have no intention of committing petty larceny.” Right?

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Nominative fair use: The Second Circuit names names

Likelihood of Confusion

Nominative fair — the “unauthorized” use of a trademark as a trademark specifically to invoke the trademark, as opposed to its “non-trademark” use to describe the alleged infringer’s goods or services.

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SCOTUS Justices Lob Tough Questions at Both Sides in Prince-Photo Fair Use Fight

IP Watchdog

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo. The Supreme Court today heard oral arguments in The Andy Warhol Foundation v.

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Copyright and Transformative Fair Use

Patently-O

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch.

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GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy

TorrentFreak

The team fired back using the DMCA counternotice system and ‘re3’ and ‘reVC’ were restored. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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Addressing Fair Use Rhetoric in Debate Over SMART Act

The Illusion of More

The post Addressing Fair Use Rhetoric in Debate Over SMART Act appeared first on The Illusion of More. Copyright Law & Policy fair use Featured piracy SMART Act technical measures

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Toei YouTube Blitz Shows That ‘Law of Content ID’ Can Trample Fair Use

TorrentFreak

Cries of ‘Fair Use’ In thousands of social media posts, comments and numerous articles posted since Mark’s announcement, a common theme persists. Even considering the lack of fair use in Japan, they could’ve left the content up elsewhere.

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DMCA Subpoena to Unmask Twitter User Hits Fair Use & Constitutional Roadblock

TorrentFreak

The company also expressed concern that via the DMCA subpoena, copyright law was being used to suppress criticism or rumors of extramarital affairs. Since the speech attached to the photographs constituted fair use, there was no infringer to identify.

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Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance.

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High Court Grants Warhol Petition Asking for Guidance on Fair Use Doctrine

IP Watchdog

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The U.S. Supreme Court today granted cert in Andy Warhol Foundation v. Goldsmith, Lynn, et.

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Warhol Foundation Tells SCOTUS Second Circuit’s Fair Use Ruling ‘Threatens a Sea-Change’ in Copyright Law

IP Watchdog

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Andy Warhol Foundation has petitioned the U.S. Supreme Court, asking it to review a decision of the U.S.

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Eighth Circuit to Realty Companies: Try Fair Use Next Time to Legally Publish Floorplans

IP Watchdog

Circuit Courts of Appeal Copyright Copyright Litigation Courts IP News IPWatchdog Articles Litigation copyright copyright infringement copyrights fair use floorplans intellectual property Section 120(a) U.S. The U.S.

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Police Photo: Public Domain or Fair Use?

Dear Rich IP Blog

Dear Rich: I want to use a police plane crash accident photo in my book. May I use it? Is it public domain or fair use? Fair Use? When ruling on fair use, courts consider four factors.

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Fair Use Week: A Salute (of sorts) to Lenz v. UMG

The Illusion of More

Fair Use Week. The post Fair Use Week: A Salute (of sorts) to Lenz v. Copyright DMCA Fair Use Week 2022 Featured Lenz v. Well, here we are again. Ninth annual.

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Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? At this point, television actresses Divyanka Tripathi (Hindi version) and Revathy (Tamil version) explain that Domex uses fresh guard technology to combat toilet odour, something that the other brand can’t.

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Most. Important. Copyright. Fair. Use. Case. Ever!

JD Supra Law

It is no exaggeration to characterize Warhol Foundation as the most important fair use case to come before the Supreme Court since 1994, and more than reasonable to posit that.

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New UFC Copyright Lawsuit Rejects Fair Use Defense For Documentary Makers

TorrentFreak

Whatever happens, the UFC can put any fighter in a videogame 5,000 years from now and still have permission to use their likeness, complete with licensed tattoos. That’s why a company who used UFC footage without a license has prompted a new big-money copyright lawsuit.

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WIPIP: In Memoriam and Fair Use

43(B)log

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

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Fair Use Takes Center Stage In 'Tiger King' Copyright Case

IP Law 360

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic

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Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message.

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"TM-compliant" ads not shown to be nominative fair use

43(B)log

Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. First, nominative fair use permits only the “truthful use of a mark.”

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Sen. Hawley Merchandising That Photo Ain’t Fair Use

The Illusion of More

Mickey Osterreicher, general counsel for National Press Photographers Association (NPPA), wrote an open letter to Senator Josh Hawley of Missouri telling him to stop using a photograph on tee shirts and other campaign merchandise.

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New(s) Questions and Fair Use: Using Copyright to Curtail Expression?

SpicyIP

New(s) Questions and Fair Use: Using Copyright to Curtail Expression? In response the Defendant claimed, “ fair use” and “ de minimis” use. Without prejudice, the Defendant also contended de-minimis use as the use was of a clip lasting less than a minute.

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Second Circuit: Addressing Fair use Defense

IP and Legal Filings

The United States Court of Appeal for the Second Circuit ruled that the use of Lynn Goldsmith’s 1981 photograph was not fair use by Andy Warhol’s image of a musical artist. The purpose and character of the use; The impact on the copyrighted work’s potential market or value.

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Fair Use of Copyright Images in Your Blog

Art Law Journal

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Intellectual Property Copyright infringement Fair use Licensing Social media Take Down NoticeNicole Martinez.

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Indian publishers call for overhaul of copyright fair use

Managing IP

Academics and publishers demand lawmakers take a balanced approach when amending the fair use provision of India’s Copyright Act

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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

The allegedly infringing sample is used on “Come to Life”, a song featured on his 2021 album “Donda”. In 2019, West was also hit with a lawsuit for unauthorized use of a sound recording on his Grammy-nominated song, “Ultralight Beam.” Fair Use.

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Nominative fair use (maybe) and Amazon

43(B)log

I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-known product, and they do go together, but on Amazon, the advertising is different.

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Fighting Over Fair Use: 6 Documentary Feuds Before UFC Suit

IP Law 360

The Ultimate Fighting Championship's new lawsuit over a documentary on mixed martial arts fighter Michael Bisping is the latest court case to grapple with the question of when filmmakers in the genre can incorporate copyrighted material in the name of fair use.

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ROSS Can't Hide Behind Fair Use, Thomson Reuters Says

IP Law 360

Legal services company ROSS Intelligence has fallen short of showing that it engaged in fair use when it created a database that Thomas Reuters alleges illegally used its law database, Westlaw, without permission or compensation, the media conglomerate argued to a Delaware federal court in a filing

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Coursepack Blues: Don't Count on Fair Use

Dear Rich IP Blog

Is it fair use to build on their material in this way or do I have to ask the publishers for permission? Even if you make a fair use argument (as they tried to do in this case ), you probably can't afford to battle your way through a federal appeal. coursepacks fair use

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Protection Of Fictional Character’s Copyright And The Doctrine Of Fair Use In The Digital Age

IP and Legal Filings

1954) , which held that if a character is not a prominent part of a story, it is not copyrightable, and others may use the character without infringing on the story’s copyright. THE DOCTRINE OF FAIR USE. EXAMPLES OF FAIR USE OF CHARACTERS.

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Publisher’s Fair Use Defense Dries Up

JD Supra Law

The US Court of Appeals for the Ninth Circuit overturned a district court’s summary judgment, rejecting an accused publisher’s argument that their use of copyrighted photos embedded in articles was fair use under the Copyright Act.

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Top 5 Fair Use Myths on Social Media

Copyright Alliance

The post Top 5 Fair Use Myths on Social Media appeared first on Copyright Alliance. The last thing anyone wants to do on social media is to get into trouble. But trouble on social media can come from more than just cringey or offensive posts. […].

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What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use

The IP Law Blog

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.

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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

The United States District Court for the Southern District of New York (‘District Court’) held that the defendants’ use of the song was fair use and granted the motion to dismiss the claims. Photo by Geoff Gill via Pixabay. In February 2019, Tamita Brown, Glen S.

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