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Fair Use Related Topics 
Creative Law Center
APRIL 10, 2021
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.
Likelihood of Confusion
JUNE 19, 2022
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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Likelihood of Confusion
SEPTEMBER 16, 2021
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™.
TorrentFreak
JUNE 22, 2022
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.
The Illusion of More
APRIL 7, 2022
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
IP Watchdog
MARCH 28, 2022
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.
TorrentFreak
NOVEMBER 16, 2021
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.
JD Supra Law
APRIL 13, 2022
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.
IP Watchdog
NOVEMBER 17, 2021
“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.
IP Watchdog
DECEMBER 12, 2021
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.
The Illusion of More
FEBRUARY 23, 2022
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.
Kluwer Copyright Blog
MAY 9, 2022
“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.
IP and Legal Filings
DECEMBER 14, 2021
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.
IP Watchdog
AUGUST 17, 2021
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.
Art Law Journal
JULY 31, 2020
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.
The IP Law Blog
JUNE 17, 2022
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.
IPilogue
MAY 26, 2022
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.
SpicyIP
AUGUST 25, 2021
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.
SpicyIP
MAY 2, 2022
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.
The Illusion of More
APRIL 15, 2022
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.
Likelihood of Confusion
MAY 18, 2022
The post Guest Post: Fair Use or Foul Ball? When copying 20,000,000 books without permission is not copyright infringement Jim Bouton’s last pitch to Google wasn’t Ball Four, at least according to the umps of the Second Circuit. appeared first on LIKELIHOOD OF CONFUSION™.
IP and Legal Filings
FEBRUARY 17, 2022
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.
Managing IP
NOVEMBER 26, 2021
Academics and publishers demand lawmakers take a balanced approach when amending the fair use provision of India’s Copyright Act
Copyright Alliance
FEBRUARY 22, 2022
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. […].
Dear Rich IP Blog
OCTOBER 12, 2021
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
IP Law 360
MAY 12, 2022
A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine
43(B)log
APRIL 28, 2021
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.
Biswajit Sarkar Copyright Blog
JUNE 23, 2022
” The Bombay High Court used the English’ character of the public test’ to determine what can be regarded as ‘public’ under the Indian Copyright Act in Garware Plastics v. Fair use; webinar recordings. Copyright Use of Copyright for Webinars
Copyright Lately
APRIL 23, 2021
The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”.
Dear Rich IP Blog
AUGUST 7, 2021
Dear Rich: Does the reproduction of copyrighted material in a grant proposal constitute fair use? Under most of the scenarios you mention, the reproductions would probably constitute fair use. The four factors are: the purpose and character of the use.
TorrentFreak
MARCH 19, 2022
That raises the question of whether the DMCA is being used for copyright enforcement or simply as a tool to crack down on anonymous speech by so-called ‘apostates’ Silencing an Apostate. The latter comes with a fairly delicious twist. Reign of Terror Against Fair Use.
IP Law 360
JUNE 17, 2022
Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter After disappointing the technology world last year by leaving questions of copyrightability unanswered in Google v. Oracle, the U.S.
Technology & Marketing Law Blog
MARCH 30, 2022
The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. Not relevant because of the transformative use.
JD Supra Law
JUNE 28, 2022
Goldsmith, a case involving the core issues around copyright fair use. On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. The case involves a series of Warhol drawings and silkscreen prints adapted from an original photograph of Prince taken by Lynn Goldsmith.
IP Intelligence
JULY 15, 2021
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107(1) asks whether the contested use “is of a commercial nature.”
Kluwer Copyright Blog
JUNE 30, 2021
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.
Patently-O
APRIL 3, 2022
Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.”
The IP Law Blog
JULY 9, 2021
They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.
TorrentFreak
FEBRUARY 20, 2022
Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations.
JD Supra Law
APRIL 18, 2022
The US Supreme Court is set to hear a case regarding fair use as it pertains to a photo of the universally known music artist, Prince. The nation’s highest court will hopefully clarify when and how artists can make use of the work of others.
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