Fair Use Licensing Publishing Social Media 
Copyright Lately
MAY 22, 2023
Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.
LexBlog IP
NOVEMBER 1, 2023
Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more
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43(B)log
MARCH 1, 2022
25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.
LexBlog IP
MAY 3, 2022
Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The school district did not seek his permission before publishing the tweets.
Technology & Marketing Law Blog
JUNE 2, 2022
She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. Nature of Use. It’s a creative photo, but it was published. Amount Used. This factor weighs against fair use. Katherine Von Drachenberg (“Kat Von D”) is a celebrity tattoo artist. Nature of the Work.
Copyright Lately
JUNE 2, 2022
In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.
IP Tech Blog
NOVEMBER 29, 2023
As a way to supplement her income, she put on a contest whereby her social media followers would buy gift certificates for future tattoos and would get to vote on one of several funny tattoos that would eventually be tattooed onto the artist’s husband. Netflix moved to dismiss the complaint on, among other grounds, fair use.
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