Fair Use Related Topics 
Hugh Stephens Blog
FEBRUARY 19, 2023
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.
Likelihood of Confusion
SEPTEMBER 28, 2022
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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Likelihood of Confusion
MARCH 10, 2023
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™.
The Illusion of More
AUGUST 8, 2022
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.
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.
The Illusion of More
FEBRUARY 23, 2023
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
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™.
The Illusion of More
OCTOBER 9, 2022
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?
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.
IP Watchdog
OCTOBER 12, 2022
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.
Patently-O
OCTOBER 11, 2022
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.
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.
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
TorrentFreak
DECEMBER 9, 2021
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.
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.
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
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.
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.
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.
Dear Rich IP Blog
JANUARY 9, 2023
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.
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.
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.
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.
TorrentFreak
AUGUST 20, 2022
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.
43(B)log
FEBRUARY 4, 2023
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.
IP Law 360
MARCH 22, 2023
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
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.
43(B)log
MARCH 10, 2023
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.”
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.
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.
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.
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.
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
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.
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.
IP Law 360
AUGUST 24, 2022
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.
IP Law 360
FEBRUARY 7, 2023
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
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 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.
JD Supra Law
AUGUST 18, 2022
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.
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. […].
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.
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.
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