TorrentFreak

MARCH 19, 2022

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. The nonprofit group has now stepped in to defend not only fair use but McFree’s right to remain anonymous.

Fair Use 145

Fair Use Copyright Infringement Litigation Copyright 145

Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

Fair Use 116

Fair Use Copyright Copyright Law Art 116

IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

Traverse Legal Blog

NOVEMBER 25, 2024

Misinterpreting Licenses: Incorrectly assuming permission to use copyrighted material. Fair Use Misconception: Believing that a particular use falls under fair use guidelines. Utilize Fair Use: Use copyrighted material within fair use guidelines, such as for educational purposes.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

The IP Law Blog

JULY 9, 2021

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. Watch the episode on YouTube at this link.

Fair Use 98

Fair Use Litigation Blogging IP 98

Technology & Marketing Law Blog

JUNE 20, 2023

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.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.

Fair Use 98

Fair Use Advertising Advertising Branding 98

SpicyIP

AUGUST 25, 2021

Her previous guest post on the blog can be viewed here. Domex Advertisement: Product Disparagement or Nominative Fair Use? In this post, I offer my independent analysis of the law in relation to comparative advertising and nominative fair use and apply it against the specific YouTube commercial mentioned above.

Fair Use 105

Fair Use Advertising Advertising Branding 105

Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use 116

Fair Use Marketing Marketing Litigation 116

Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Publication of the photo in your book may qualify as fair use if it provides commentary , expresses ideas “beyond what [the [photographer] expressed in his photographs," or disputes or makes fun of the imagery. When ruling on fair use, courts consider four factors.

Public Domain 98

Public Domain Fair Use Privacy Publishing 98

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.

Fair Use 96

Fair Use Licensing Copying Artwork 96

Copyright Alliance

APRIL 13, 2023

Fair use and AI has been a popular topic recently given the flurry of developments to generative AI systems. As discussed in the first installation of this blog, it is […] The post How Existing Fair Use Cases Might Apply to AI appeared first on Copyright Alliance.

Fair Use 84

Fair Use Blogging Copyright 84

Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. Both aspects can have significant implications for fair use. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. Klein and Equals Three v.

Fair Use 98

Fair Use Copyright Infringement Television Copyright 98

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

43(B)log

DECEMBER 27, 2022

I received a DMCA notice for my wooden puzzle blog! It was a review of Unidragon's Alluring Fox (332 pieces). Google instead directs me to Lumen to look up the notice, but Lumen doesn't seem to have posted it yet, so that's a tad frustrating.

Blogging 130

Blogging Fair Use Copyright Law 130

Technology & Marketing Law Blog

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. 21-2021 (4th Cir.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

Olartemoure Blog

APRIL 25, 2022

La entrada Infographic | Everything you need to know about fair use se publicó primero en OlarteMoure | Intellectual Property.

Fair Use 98

Fair Use Intellectual Property Copyright Law Law 98

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. An appeal in Alexander v.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Kashishipr

MAY 25, 2021

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Blogging and Fair Use.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

LexBlog IP

FEBRUARY 28, 2022

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.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

JD Supra Law

AUGUST 19, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. By: Weintraub Tobin

Music 94

Music Blogging Fair Use Intellectual Property 94

Technology & Marketing Law Blog

JANUARY 18, 2025

Instead, XXL relied on a fair use defense, which works: Nature of use: “the video was the subject of the news story and because the article added new information and context about the contents of the video.” The court also says it can’t consider the evidence that Mediaite used embedding on a motion to dismiss.

Copyright 96

Copyright Social Media Licensing Fair Use 96

Copyright Alliance

AUGUST 29, 2023

In the previous iteration of this blog (Part 1), we presented several movie copyright cases addressing the issues of copyright infringement and copyrightability. In this post, we look at TV […] The post Movie Copyright Cases Filmmakers Should Know: Part 2, Movie Fair Use Cases appeared first on Copyright Alliance.

Fair Use 80

Fair Use Copyright Copyright Infringement Blogging 80

SpicyIP

JANUARY 31, 2025

The Centre for Intellectual Property Research and Advocacy [CIPRA] of Symbiosis Law School, Hyderabad is organizing its first blog writing competition in collaboration with us on the theme of Literature, Journalism and IP. The top two entries will be awarded with some cash prizes and also with a chance to be published on the blog!

Blogging 59

Blogging Intellectual Property Journalism Social Media 59

Technology & Marketing Law Blog

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. Judge Alsup suggested that X’s ToS conflict with copyright law by prohibiting scraping irrespective of whether it qualifies as fair use. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Copyright Alliance

FEBRUARY 29, 2024

In part one of this blog, we looked at a number of photography and documentary film copyright cases that have been decided since the Andy Warhol Foundation v. Goldsmith opinion was […] The post Fair Use in a Post-Warhol World: Part II appeared first on Copyright Alliance.

Fair Use 69

Fair Use Blogging Copyright 69

Technology & Marketing Law Blog

APRIL 3, 2023

Professor Farley and I propose a trademark fair use defense that would apply to any informational or expressive use of language or designs claimed by another as a mark in connection with any goods or services. Grimaldi , and later adopted and expanded by the Ninth Circuit.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Copyright Alliance

FEBRUARY 27, 2024

In May of last year, the Supreme Court handed down its much-anticipated fair use decision in Andy Warhol Foundation v. Goldsmith (referred to as Warhol throughout this blog). At the […] The post Fair Use in a Post-Warhol World: Part I appeared first on Copyright Alliance.

Fair Use 63

Fair Use Blogging Copyright 63

Intepat

NOVEMBER 19, 2024

For business owners, publishers, and sellers, understanding copyright can prevent legal issues and ensure fair use of content. Copyright grants the author or creator exclusive rights to use, distribute, and sell their work. This is usually done through a licensing agreement , which specifies the permitted use.

Business 52

Business Public Domain Copyright Fair Use 52

Dear Rich IP Blog

APRIL 9, 2024

From everything I've researched, all the images in the book should come under fair use. Polar interrogatives work well in psychology tests , congressional hearings , and wedding vows , but they're not suitable for analyzing fair use. That said, we think you are likely to prevail in a fair use dispute.

Fair Use 52

Fair Use Art Artwork Licensing 52

JD Supra Law

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. By: Weintraub Tobin

Fair Use 55

Fair Use Blogging Law IP 55

Technology & Marketing Law Blog

JANUARY 22, 2022

The court says the Dubtown video wasn’t copyright infringing because of fair use: Purpose/Character of Use. ” The videos were transformative, even if parts of precedent material were used verbatim. .” However, McFree made transformative uses. This factor weighs slightly against fair use.

Fair Use 143

Fair Use Copyright Infringement Marketing Marketing 143

Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify. Pixi Universal, LLC, 2022 WL 909865 (S.D. March 25, 2022).

Blogging 111

Blogging Social Media Television Fair Use 111

Technology & Marketing Law Blog

OCTOBER 25, 2023

Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Plus, the tattoo affected the fair use analysis because it established the impossibility of competitive tension between the tattoo artist and Netflix. Netflix appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

The IP Law Blog

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Watch this episode on the Weintraub YouTube channel here.

Fair Use 52

Fair Use Blogging Law IP 52