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] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Velocity of Content

OCTOBER 19, 2021

Today is the 45th anniversary of that event. The Copyright Act of 1976 became Public Law number 94-553 on October 19, 1976 and went into effect (as scheduled) as Title 17 of the United States Code on January 1, 1978. The new Copyright Act was the fourth general revision of copyright law since the original Act of 1790.

Copyright 105

Copyright Law Fair Use Public Domain 105

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case.

Music 101

Music Derivative Work Fair Use Cease and Desist 101

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 96

Fair Use Derivative Work Blogging Licensing 96

43(B)log

DECEMBER 20, 2022

But also, the documentaries weren’t substantially similar, and, “even if the 2013 Documentary is substantially similar to the 2001 Documentary under the fragmented literal similarity test due its use of clips from the 2001 Documentary, Plaintiffs’ claim with respect to this documentary is barred by the fair use doctrine.”

Fair Use 52

Fair Use Trademark Copyright Editing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? 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?

Copyright 121

Copyright Blogging Publishing Fair Use 121