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

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.

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™.

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?

Win for Photographer in Ninth Circuit Reversal of Fair Use Finding

IP Watchdog

The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. The Ninth Circuit found that all of the fair use factors weighed against a determination that Pub Ocean’s unlicensed use of the photographs were transformative.

Copyright and Transformative Fair Use


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.

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.

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

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.

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.

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


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.

New UFC Copyright Lawsuit Rejects Fair Use Defense For Documentary Makers


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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

Transformative Fair Use: Does Andy Warhol Qualify?

JD Supra Law

Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in his classic pop art style was fair use. On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v.

Fair Use Clauses & Non Fungible Tokens

Traverse Legal Blog

NFTs are being used in all forms of entertainment, gaming, art and science. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? You as an NFT owner may – or may not- have received the rights you need to make a commercial use of your digital work. If you don’t own the NFT, you might still wonder how you can use the image which appears on Google search or at the OpenSea marketplace.

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.

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

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™.

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.

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.

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.

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. […].

Apple Tells 11th Circ. Virtual IPhone Is Not Fair Use

IP Law 360

Apple urged the Eleventh Circuit on Wednesday to revive its copyright suit over a startup's "virtual" version of the iPhone to detect bugs, arguing that the product is not transformative enough to be covered under the fair use doctrine