Technology & Marketing Law Blog

MARCH 30, 2022

The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. Market Effect. The post Second Circuit Confirms Fair Use on Motion to Dismiss–Yang v. Amount Taken.

Fair Use 138

Fair Use Licensing Marketing Marketing 138

TorrentFreak

JUNE 22, 2022

Since the speech attached to the photographs constituted fair use, there was no infringer to identify. In response Magistrate Judge Donna Ryu issued an order offering MrMoneyBags an opportunity to anonymously file evidence in support of Twitter and to argue that the photos were used on a fair use basis.

Fair Use 145

Fair Use Copyright Infringement Copyright Copyright Law 145

TorrentFreak

DECEMBER 18, 2023

Mass Copyright Infringement or Fair Use? The Internet Archive wholeheartedly disagreed with the copyright infringement allegations; it offers a vital service to the public, the Archive said, as it built its legal defense on protected fair use. The library argues that the court erred by rejecting its fair use defense.

Fair Use 135

Fair Use Copyright Infringement Copyright Copying 135

TorrentFreak

SEPTEMBER 2, 2024

That was perceived as an attempt to bring the matter to an end but on unacceptable terms; no recognition of Parrish’s right to use the material under the doctrine of fair use and a potentially devastating effect on raising awareness and future criticism of the religious group. Factors of Fair Use A.

Fair Use 114

Fair Use Copyright Law Publishing Copyright 114

TorrentFreak

NOVEMBER 16, 2021

Affirmative Defense – Fair Use. Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

TorrentFreak

JANUARY 20, 2025

Crucially, however, Meta denied the copyright infringement allegations, noting that it would rely on a fair use defense, at least in part. To the extent that Meta made any unauthorized copies of any Plaintiffs registered copyrighted works, such copies constitute fair use under 17 U.S.C.

Fair Use 131

Fair Use Copyright Infringement Copying Copyright 131

TorrentFreak

OCTOBER 7, 2021

Early September the defendants fired back with a motion to dismiss the “fatally defective” complaint, arguing that they only used a very small portion of the four-hour broadcast for the purposes of commentary and criticism, a key component of a fair use defense. Other Fair Use Factors Cannot Be Relied Upon.

Fair Use 135

Fair Use Copying Copyright Infringement Copyright 135

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

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 Litigation Marketing Marketing 116

SpicyIP

AUGUST 25, 2021

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. student at Amity University (School of Law), Kolkata. Pragya Jain.

Fair Use 105

Fair Use Advertising Advertising Branding 105

TorrentFreak

FEBRUARY 20, 2022

Some of McFree’s critical videos use copyrighted material owned by Watch Tower so in 2018, the group filed an application for a DMCA subpoena which asked a court to compel YouTube/Google to hand over his details. ” Fair Use Considerations. Overall then, the first factor weighs in favor of fair use.

Fair Use 114

Fair Use Copyright Infringement Copyright Publishing 114

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.

Fair Use 96

Fair Use Licensing Copying Artwork 96

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

Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

Fair Use 91

Fair Use Social Media Licensing Marketing 91

Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. Market Effect. The court summarizes: “Three of the four statutory factors weigh in Mr. Both aspects can have significant implications for fair use. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy 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] The amount and substantiality of the portion used in relation to the copyrighted work. The nature of the copyrighted work.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

Fair Use 246

Fair Use Reporting Licensing Plagiarism 246

Technology & Marketing Law Blog

FEBRUARY 12, 2024

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. ” Market Effect. The court says it presumes harm with a commercial non-transformative use. 21-2021 (4th Cir.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

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

IP and Legal Filings

JANUARY 2, 2025

Both individuals and organisations may now share, communicate, and market their goods or themselves. Copyright law is in charge of controlling how literary, artistic, and theatrical works, among others, are used. Social media sites include a number of tools for this purpose, such as re-posting, sharing, and re-tweeting [1]. 1 (2022).

Social Media 97

Social Media Copyright Fair Use Intellectual Property 97

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

Plagiarism Today

NOVEMBER 18, 2021

1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

Fair Use 246

Fair Use Plagiarism Editing Copyright Infringement 246

IP and Legal Filings

FEBRUARY 17, 2022

Consumers are invited to use and transmit “bites” of copyrighted content via social networking sites, mobile television via cell phones and other handheld devices, online mobile game units with WiFi and other interactive capability, interactive television, and a variety of other interactive technologies. THE DOCTRINE OF FAIR USE.

Fair Use 94

Fair Use Copyright Television Copying 94

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

43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

Fair Use 90

Fair Use Social Media Licensing Marketing 90

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

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. Document the agreement in writing, specifying use, payment, and duration. a classroom discussion).

Business 52

Business Public Domain Copyright Fair Use 52

Copyright Lately

DECEMBER 29, 2024

Fair Use Declawed. This overly restrictive interpretation of the Supreme Courts 2023 Warhol decision sent shockwaves through the filmmaking community, which often relies on fair use to incorporate brief historical footage into their works for entirely new and different purposes. For that reason, Prepared Food Photos v.

Copyright 116

Copyright Social Media Cease and Desist Fair Use 116

Technology & Marketing Law Blog

FEBRUARY 11, 2025

4) I disagree with the court’s application of the fair use transformative standard. Though Ross has the burden to establish the fair use defense, the copyright owner should bear the burden to show that it had a non-hypothetical licensing market for training AI systems that Ross’ activities allegedly undercut.

Copyright 59

Copyright Fair Use Copying Marketing 59

Plagiarism Today

OCTOBER 19, 2022

First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy. The Notorious Markets report is an annual report by the USTR that identifies international markets that enable piracy.

Copyright Notice 244

Copyright Notice Music Reporting Copyright 244

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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

JD Supra Law

APRIL 11, 2024

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the defendants. By: McDermott Will & Emery

Fair Use 59

Fair Use Marketing Marketing Copyright 59

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

TorrentFreak

MARCH 25, 2023

Fair Use or Mass Copyright Infringement? IA previously sought summary judgment in its favor, arguing that a digital copy of a physical book ‘transforms’ the original work, with lending limits and the absence of profit also supporting a finding of fair use. Courts typically weigh four factors when determining fair use.

Copyright Infringement 145

Copyright Infringement Copyright Fair Use Copying 145

Velocity of Content

FEBRUARY 26, 2025

More than copyrightability, to me the most important question is was the copying fair use? Fair use analysis requires a review of four factors, and the same acts can be considered fair if done by one party (such as a student) and not fair use if done by another for the benefit of the first (e.g.,

Fair Use 52

Fair Use Copying Licensing Copyright 52