Remove Artistic Work Remove Fair Use Remove Licensing Remove Publishing
article thumbnail

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. Purpose of the New Work.

article thumbnail

Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

Fair Use 102
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Copyright Infringement in edited photographs

Biswajit Sarkar Copyright Blog

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

article thumbnail

[Guest Post] Long walk to copyright reform #9: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers

The IPKat

Despite this, conversations in the media and some academic circles around the CAB have largely focused on its provisions relating to L&Es, especially fair use (for instance, see here , here and here ). The MITT and CRC found the Copyright Act to be inadequate in addressing the issues.

Copyright 131
article thumbnail

Copyright and Transformative Fair Use

Patently-O

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. The published article acknowledges Goldsmith. by Dennis Crouch.

Fair Use 134
article thumbnail

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. This has important implications for the doctrine of fair use.

article thumbnail

The Much-Adapted “Peter Pan” (1904 – Forever )

Velocity of Content

The novel, however, was published before text of the play. Peter Pan, or The Boy Who Wouldn’t Grow Up” (1904 stage play, including occasional revisions through 1928, when the script of the play is published). 1928: Barrie assigns his copyright in his “Peter Pan” works to Great Ormand Street Hospital. And yes, I verbed a noun.