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.

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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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™.

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


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.

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

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.

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


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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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


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.

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


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.

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


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.

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.

Guest Post: Fair Use or Foul Ball?

Likelihood of Confusion

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™.

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.

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

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. […].

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

Comedy Group's 'Grease' Parody Is Deemed Fair Use

IP Law 360

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

Nominative fair use (maybe) and Amazon


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.

Ownership, Licensing, and Fair Use of Copyright for Webinars

Biswajit Sarkar Copyright Blog

” 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

Andy Warhol Foundation Seeks Rehearing in Fair Use Case

Copyright Lately

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.”.

Fair Use When Writing Grant Proposals

Dear Rich IP Blog

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.

Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights


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.

How High Court May Tackle Fair Use In Warhol Case

IP Law 360

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.

Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Mic

Technology & Marketing Law Blog

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.

Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

JD Supra Law

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.

Website Advertisements and Copyright Fair Use

IP Intelligence

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.”

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.

The Art Critic’s Role in Fair Use


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 Briefing – Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)

The IP Law Blog

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.

Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What?


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.

Supreme Court to Hear Warhol Fair Use Case

JD Supra Law

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.