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The Entertainment and Media Law content community collects and organizes the best information from around the web that will help you learn and stay current. If you would like to be included and or participate, please contact: Tony Karrer |
109 Articles match "Fair Use","Judge"
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The Latest from Entertainment and Media Law
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A Special Thanks to Justia for Rescuing my Blog
The recipients of these awards were selected by panels of judges that included trailblazers in leading the legal profession online, including Erik Heels , Gregory Siskind , Jerry Lawson , Genie Tyburski , and Bradley Hillis. Every year, we doled out awards we called “Best of the Web for Lawyers.&# Justia to the Rescue.
Media Law
- Thursday, June 10, 2010
Don Henley Successful in Copyright Infringement
A Judge in California District Court ruled that politician Chuck Devore’s new lyrics to “The Boys of Summer&# and “All She Wants to Do is Dance&# are not a fair use under the Copyright Act. blog has a fantastic summary of the legal basis behind the judge’s opinion here. The Hollywood Reporter Esq.
Current Trends
- Wednesday, June 2, 2010
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The Best from Entertainment and Media Law
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Court: No fair use for Tenenbaum; huge blow to defense; proposed defense 'would swallow the copyright protections that Congress has created'
In a devastating blow to Joel Tenenbaum's trial prospects handed down only hours before the start of trial, Judge Nancy Gertner at 1:37 a.m. this morning issued an order granting the record label plaintiffs' motion for partial summary judgment on his fair use defense. Tags: copyright tenenbaum fair use See Calvi v.
Copyrights & Campaigns
- Monday, July 27, 2009
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Article criticizes deciding fair use on summary judgment; Gertner exhibited 'class favoritism' toward 'large corporations' in fair use ruling?
Professor Ned Snow of the University of Arkansas law school has a provocative new article about courts' frequent use of summary judgment to adjudicate fair use defenses in copyright cases. For well over a century, juries routinely decided issues of fair use. Tags: copyright tenenbaum fair use
Copyrights & Campaigns
- Saturday, August 29, 2009
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Henley, DeVore file dueling briefs in copyright battle; are campaign videos fair use 'parodies' or infringing 'satires'?
Both sides in Don Henley 's lawsuit against California US Senate candidate Chuck DeVore (R) over campaign "parody" videos that used Henley's tunes set to lyrics mocking Sen. Barbara Boxer (D) have now filed cross-motions for summary judgment, teeing up a case that will likely clarify the rules for political uses of third-party material.
Copyrights & Campaigns
- Saturday, April 24, 2010
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Jury trials on fair use: the Loch Ness Monster of copyright law?
Are jury trials on fair use the Loch Ness Monsters of copyright law: often discussed, but (almost) never actually seen? The claim that fair use is "always.reserved for the jury" is dead wrong; the issue is routinely resolved on summary judgment, short of trial. Tags: copyright tenenbaum fair use ee esp.
Copyrights & Campaigns
- Tuesday, June 16, 2009
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How the RealDVD ruling could reshape copyright law
By Eriq Gardner Hollywood studios got a huge win yesterday when Judge Marilyn Hall Patel of the Northern District of California issued a preliminary injunction against the release of a technology produced by RealNetworks that lets consumers save copies of. Tags: Copyright Fair Use IP/Tech Litigation
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Tenenbaum: Court dismisses counterclaims against labels; defers ruling on constitutionality of statutory damages; permits fair use defense to proceed
It "consists of using process to accomplish some ulterior purpose for which it was not designed or intended, or which [i]s not the legitimate purpose of the particular process employed." 1991) ("[w]hen process is employed for the purpose for which the law intends its use, no abuse of process occurs."). Wheeldin v. Wheeler , 373 U.S.
Copyrights & Campaigns
- Monday, June 15, 2009
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Tenenbaum: fair use factors 'just suggestions'; 'I have never denied using Kazaa to download and upload music'
And he gave a little more detail about his planned defense, admitting, "I have never denied using Kazaa to download and upload music." lot of people used that computer. If someone else was using that computer at the time, I really don't know. Tags: copyright tenenbaum fair use Those are just suggestions.
Copyrights & Campaigns
- Sunday, June 21, 2009
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It's official: Don Henley wins summary judgment over Chuck DeVore on copyright claims
And then, just a few days later, federal Judge James Selna issued his formal ruling on Henley's copyright and Lanham Act claims regarding DeVore's videos that used Henley's songs to mock Boxer and President Obama, soundly rejecting DeVore's fair use defense. It's been a very bad month for Chuck DeVore. Barbara Boxer (D).
Copyrights & Campaigns
- Monday, June 14, 2010
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Tenenbaum trial prep: focus on fair use
From Tenenbaum's account, it appears his defense is planning to focus on fair use: I don’t think I’m giving away the subtleties of our “Super Secret Strategy” by saying that all evidence presented will be channeled into the four statutory fair use factors, as well as an additional factors Nesson will argue should also be held for consideration.
Copyrights & Campaigns
- Sunday, June 28, 2009
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Patry weighs in on Tenenbaum fair use issue
William Patry, Google's chief copyright counsel and author of a leading copyright treatise , has weighed in on one of the outstanding issues in the Joel Tenenbaum case: whether fair use is to be decided by a judge or jury. Fair use is not an equitable doctrine or an equitable defense.[FN3] Hell, even I use Gmail.
Copyrights & Campaigns
- Monday, July 20, 2009
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