Remove Fair Use Remove Public Domain Remove Television
article thumbnail

45 Years Ago Today, a New US Copyright Act Became the Law of the Land

Velocity of Content

wrote into the statute) the well-known four fair use factors which provide guidance for assessing whether, in cases of alleged infringement, an unauthorized use ought to be considered a fair use. One section of the new law, Section 107, codified (i.e.,

Copyright 105
article thumbnail

“Better Call Saul” Episode Sparks “Sweet” Trademark Infringement Lawsuit

IPilogue

Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. Netflix eventually settled with Chooseco in late 2020 after unsuccessfully arguing on grounds related to trademark law and fair use allowances. . How similar is too similar?

Trademark 105
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case. The Musical Parody ,” “The Unofficial Bridgerton Musical” isn’t the type of parody musical that courts have often found to be fair use under the Copyright Act.

Music 112
article thumbnail

Taking IP “Rights” Too Seriously – A Look Through History

SpicyIP

Hamar Television , regarded Section 52 of the Copyright Act, 1957 as a ‘right’ i.e. “right to make fair use or to deal fairly”, stemming from the fundamental right to free speech. Section 52: A Multi-monikered provision? Recently, in India today vs Newslaundry , the Delhi Court, relying on Super Cassettes v.

IP 138
article thumbnail

The Copyright Legacy of Martin Luther King

Copyright Lately

and 20th Century-Fox Records argued that, because King had distributed advance copies of the speech to the press without restricting them from reproducing or distributing it further (and without the copyright notice required under copyright law at the time), the speech was in the public domain. The defendants, Mister Maestro, Inc.

article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

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.