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When is it Fair Use to Use a Photo to “Illustrate” an Article?

Technology & Marketing Law Blog

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

Fair Use 143
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Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. IJR

Technology & Marketing Law Blog

Larry Philpot is a repeat copyright plaintiff. 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. Independent Journal Review , No. This was a concert photo.

Fair Use 105
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Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge Photo

JD Supra Law

Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of reasons. Those who plan to use photos based on a fair use defense should take heed of this decision. By: Venable LLP

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Don’t Film So Close To Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

The IP Law Blog

There seems to be a belief that police service, when paired with a musical interlude, will prevent a recording of the interaction from being posted on social media due to algorithms that detect and remove videos incorporating copyrighted music (among other types of content).

Music 104
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3 Count: Nirvana’s Inferno

Plagiarism Today

1: Nirvana Beats T-Shirt Copyright Lawsuit Involving Dante’s ‘Inferno’ First off today, Bill Donahue at Billboard reports that members of the band Nirvana have emerged victorious in a battle over their iconic Dante’s Inferno shirt, even if it is likely not the final word on the case.

Music 203
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No Fair Use for Photo Used Without Required Attribution

JD Supra Law

The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.”

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Fourth Circuit Finds No Transformative or Noncommercial Use of Ted Nugent Photo in Online Article

IP Watchdog

Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.

Fair Use 105