Technology & Marketing Law Blog

MAY 30, 2022

Walking Mountain (affectionately known as the “Barbie in a Blender” case) noted that “every court to address the issue whether a defendant’s work qualifies as a parody has treated this question as one of law to be decided by the court.” Defining the scope of Viacom’s trademark rights more explicitly might not change the outcome.

Blogging 111

Blogging Social Media Television Fair Use 111

43(B)log

FEBRUARY 22, 2022

Unique expertise on code too; code is different from photos, music, videos; some of the most valuable code on GitHub is licensed openly. Remediation not removal is often the goal—changes to the code rather than removing often resolves the problem, e.g. addressing violation of open source license by adding attribution etc.

Copyright 45

Copyright Fair Use Music Licensing 45

43(B)log

AUGUST 3, 2023

Cariou is still arguably good law w/the exception of the relevance of artist’s intent. A: but the holding is specific that this is only about licensing in commercial markets. A: scope of QP, since Warhol is only factor one and decided as only licensing uses. Other solutions: statutory license for sampling.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

43(B)log

APRIL 7, 2023

Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new rules. That has a human rights impact.

Art 49

Art Licensing Designs Design 49