Remove 2004 Remove Copying Remove Fair Use
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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

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.

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[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

The IPKat

The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. Selected key innovations of the Copyright Act 2022 The official copy of the Copyright Act 2022 will be published in due course in the Official Gazette. Pending publication, the pre-assent copy of the Act can be accessed here.

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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

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13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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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. The Court of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.] If you’re an academic and would like a free evaluation copy, please email me. Note About Fair Use.

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