Contracts Fair Use Litigation Public Domain 
Technology & Marketing Law Blog
DECEMBER 13, 2023
by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.
Technology & Marketing Law Blog
JANUARY 25, 2023
Here’s an example of a subject photo from his complaint (which, based on this ruling, I’m now confident he can’t sue me for; plus fair use), with some pretty obvious photography flaws: His copyright claims raise a simple but troubling question: who owns the photos taken with his camera?
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JIPEL Copyright Blog
MARCH 9, 2022
addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. For instance, in the AR example above of AGO’s ReBlink exhibition, visitors “use[d] their [mobile] device’s camera to unlock Mayhew’s modern twists on historical works of art.”
Technology & Marketing Law Blog
DECEMBER 15, 2021
To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The court also credits the self-serving claim by the successor licensee that it considered fair use by comparing the works and evaluating if the works were being sold commercially or for other purposes. A New 512(f) Plaintiff Win!
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.
43(B)log
FEBRUARY 4, 2023
Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. public domain. Would it allow fair use? Acuff-Rose), or is it worse?
Technology & Marketing Law Blog
FEBRUARY 13, 2023
If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? 2d at 206.
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