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™.

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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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.

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

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.

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 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.

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.”

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 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.

Alleging sponsorship/endorsement confusion can't defeat clear nominative fair use

43(B)log

Under these agreements, PTRA is the exclusive owner of the Rose Bowl Game trademark and owns the mark for use in connection with the annual game. Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment.

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. the criteria for fair use.

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.

Triller: H3 Podcast Can’t “Steal” Jake Paul Fight Video & Claim Fair Use

TorrentFreak

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense.

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

JD Supra Law

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs).

Fair Use Shields Google in Its Copyright Battle with Oracle

The IP Law Blog

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. Constitution proclaims that copyright protection is to “promote the Progress of Science and useful Arts …” Art.

The Doctrine of Fair Use: All You Need To Know

Larson & Larson

The most common limitation where the exclusive rights of a copyright holder can be limited fall under the doctrine of fair use- a defense against copyright infringement. That being said, here is a brief elucidation of what constitutes fair use. What is Fair Use?

The College Art Association Guide to Fair Use

Art Law Journal

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Intellectual Property Copyright Act Copyright infringement Fair use featured FIne Art Public Domain

Website Advertisements and Copyright Fair Use

LexBlog IP

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 Month Continues

The Art Law Blog

The Supreme Court issued its Google v. Oracle decision today. Adam Liptak's New York Times story is here. The opinion is here

Copy and Paste – Supreme Court Holds Copying Software Function Calls Was Fair Use

TraskBritt Intellectual Property

LEXIS 1864 (2021), the Supreme Court held that Google’s copying was permissible fair use. It focused on Google’s fair use defense, stating that this issue would determine the outcome regardless of whether Oracle held a valid copyright. As a result, the Court stated there was little risk that permitting copying of the function calls as a fair use would undermine the incentive for programmers to generate their own creative implementing code.

[Video] Andy Warhol's Prince Prints: Not Fair Use!? (Part One)

JD Supra Law

Their discussion 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. In this week's episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith).

NBA Player's 'Scary' Use Was Fair Use, Judge Says

IP Law 360

Former Boston Celtics point guard Terry Rozier scored a fair use win on Monday when a New York federal judge ruled that his use of the iconic mask from the movie "Scream" was "a means of satirizing and ridiculing the perception of ruthless high-scoring athletes in the NBA

[Audio] Podcast - Andy Warhol's Prince Prints: Not Fair Use!? (Part One)

JD Supra Law

Their discussion 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.

When is it Fair Use to Use a Photo to “Illustrate” an Article?

Clancco

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context.

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

JD Supra Law

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court did not change its original judgment but took the opportunity to address the recent Supreme Court of the United States precedent in Google v. Oracle. The Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith, Lynn Goldsmith, Ltd.,

Text of Second Circuit Decision in Andy Warhol Foundation v Goldsmith (Fair Use of Prince Photo)

LexBlog IP

2d cir prince goldsmith fair use. AWF’s motion for summary judgment reverse, case remanded. Intellectual Property Trademark

8th Circ. Reverses Fair Use Win For Real Estate Cos.

IP Law 360

The Eighth Circuit on Monday revived an architect's copyright case against multiple real estate developers, finding that real estate companies can't invoke a fair use clause from an architectural works law to defend against copyright infringement claims over home floorplans

Understanding Fair Use with a Dr. Seuss and Star Trek Mashup

Art Law Journal

Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine. Litigation Art Law Copyright Act Copyright Duration Copyright infringement Copyright Office Fair useChris Reed.

Another Second Circuit Fair Use Decision

The Art Law Blog

This one upholding the use of the plaintiff's photo of Eddie Van Halen playing guitar in an exhibition of rock n’ roll instruments on the Met’s website. The use passed the transformativeness test because "the exhibition transformed the Photo by foregrounding the instrument rather than the performer." Story here. Opinion here.

SDNY: Use of Photojournalists’ 9/11 Footage May Be Fair Use

LexBlog IP

Photographs of these and other somber scenes from downtown Manhattan on September 11, 2001 formed the basis of photojournalist Anthony Fioranelli’s copyright infringement case against several media organizations that allegedly used these photos without permission. issued a mixed ruling on whether use of these harrowing-yet-iconic photos was fair. A firefighter digging through rubble. An ambulance being lifted out of the wreckage.

CRONY Award For “Downplaying COVID19” Not Fair Use of EMMY Award

LexBlog IP

Defendant distributed a video that used an image of the EMMY Award statuette holding a COVID-19 virus “as part of a video honoring countries that downplayed the seriousness of the COVID-19 pandemic.” National Academy of TV Arts and Sciences v.

"Andy Warhol Foundation fights back in fair use case"

The Art Law Blog

Jeanne Fromer's reaction to the recent Warhol fair use decision was that (to put the matter mildly) "fair use in art has become a bit messy in the Second Circuit with each panel pointing in a somewhat different direction" and to "hope the Second Circuit uses one of its rare en bancs to revisit this decision."

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

LexBlog IP

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). Oracle owns the widely-used Java platform and Java programming language.

[Webinar] SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways - July 27th, 10:00 am - 11:00 am PT

JD Supra Law

The case was about Google copying into its Android platform several thousand lines of Oracle’s Java Application Programming Interface (API) software code, which the Supreme Court found constituted fair use.

[Video] The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

JD Supra Law

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.

[Audio] Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

JD Supra Law

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.

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

The IP Law Blog

Their discussion 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.

Second Circuit Soundly Denies Rehearing to Warhol Foundation

The Illusion of More

whether APIs are properly a subject of protection), the Court instead deconstructed that analysis and spread it across the four factors of the fair use test. Lynn Goldsmith fair use Featured Google v.

"Second Circuit Fair Use Decision Sets Up Circuit Split"

The Art Law Blog

More on the Warhol decision from David Steiner. Some earlier comments from Steiner in the updates here

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

LexBlog IP

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. This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc.,

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

LexBlog IP

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. This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc.,

Second Circuit and the whole of the law on confusion

Likelihood of Confusion

Internet Law Trademarks and trademark law Fair Use Initial Interest Confusion Keyword Advertising Likelihood of confusion RescuecomThis is big, but stay calm. Though I hardly can.

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