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™.

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

TorrentFreak

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.

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

TorrentFreak

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.

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.

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.

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.

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

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.

Nominative fair use (maybe) and Amazon

43(B)log

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.

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.

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

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.”.

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.”

Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

IPilogue

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. Photo by Prof. Pina D’Agostino.

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.

Barbara Kruger Asks Justices To Mull Warhol Fair Use Ruling

IP Law 360

Supreme Court to look into the Second Circuit's decision that found Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that such works are "far from lacking creativity American conceptual artist Barbara Kruger is urging the U.S.

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.

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 Doctrine of Fair Use in Copyright Law

Biswajit Sarkar Copyright Blog

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used.

Easter Unlimited, Inc. v. Rozier: The Scary (Terry) Fair Use Decision

Copyright Alliance

Rozier: The Scary (Terry) Fair Use Decision appeared first on Copyright Alliance. In a couple of days, you might see armies of children and adults alike donning their spookiest Halloween masks – like the iconic mask from the Scream horror film franchise. […].

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 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

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).

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?

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

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

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.

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.”

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).

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.

Two Kinds of Fair Use: The Unintended Effect of Google v. Oracle

Chicago-Kent Intellectual Property Journal Blog

By: Sarah Law “[F]air use presents a holistic, context-sensitive inquiry ‘not to be simplified with bright-line rules[.]. 1] The fair use defense in copyright law is very flexible … The post Two Kinds of Fair Use: The Unintended Effect of Google v. All [four statutory factors] are to be explored, and the results weighed together, in light of the purposes of copyright.’”[1]

[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.

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.

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

Best of 2008: The Long and Rocky Road

Likelihood of Confusion

Fair Use Beatle Nut Beatles Diversion HomageThis was first posted on May 7, 2008. Irvin Robbins, the co-founder of the Baskin-Robbins ice cream chain, died yesterday. Here’s how much time has passed since just about the.

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

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.

5th Circ. Weighs Fair Use In School Twitter Infringement Fight

IP Law 360

A Fifth Circuit judge seemed unconvinced during oral arguments on Tuesday that a high school softball team's Twitter post containing a passage of a sports psychologist's book constitutes copyright infringement that merits reviving the author's lawsuit against a Texas school district