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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

In 2019, West was also hit with a lawsuit for unauthorized use of a sound recording on his Grammy-nominated song, “Ultralight Beam.” An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. The fair use defence is rarely used in music sampling cases.

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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3 Count: Hey Mickey!

Plagiarism Today

However, in 2019, a judge ruled in favor of Basil, saying that there was inadequate evidence to prove the song was a joint work. Atkinson sued Netflix and Dark Horse Comics, alleging that Umbrella Academy copies characters and elements from a 1996 comic book he created for Rogue Satellite Comics.

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"TM-compliant" ads not shown to be nominative fair use

43(B)log

First, nominative fair use permits only the “truthful use of a mark.” Use of the mark with the words “compliant,” “legal,” and “meets. Toyota, 610 F.3d 3d at 1177. Defendants contended that one axe “meet[s] WATL Regulations” and that another “meets WATL Regulations with a slight modification that is commonly made.”

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Photographs Taken 91 Years Ago Still in Conflict Today

IPilogue

The United States Court of Appeals for the Ninth Circuit reversed a 2019 federal district court’s ruling that held a French court’s ruling was unenforceable due to a conflict in copyright laws between the countries. De Fontbrune held the position that the estate did not have the power to approve such use.

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3 Count: Settling Seuss

Plagiarism Today

Cooper, who goes by the stage name Mr. Cooper, and Valentine, AKA Drum’n Skillz, allege that No Guidance copies several elements from their earlier work. No Guidance debuted in July 2019 and is a Chris Brown song that has Drake as the featured artist. Neither side has commented on the lawsuit.

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