INDUSTRY INSIGHTS YOUR PEERS ARE READING
TRANSCRIPT: What is Fair Use, and when does it apply? One of the most important concepts in copyright law these days is “Fair Use” But there are a lot of misconceptions out there about it. There are four Fair Use Factors. AUDIO: [link]. MORE
We discussed the Fair Use defense to copyright infringement. A few weeks ago, at the BlogWorld 2011 conference, I gave an interview to my good friend Mark Yoshimoto Nemcoff of. MORE
John Tehranian, Southwestern Law School, has published Dangerous Undertakings: Sacred Texts and Copyright''s Myth of Aesthetic Neutrality in The Sage Handbook of Intellectual Property (Matthew David and Debora Halbert, eds., Sage Publications, 2014). Here is the abstract. At a rhetorical MORE
Paul has a question about using clips from a presidential debate from years ago on his radio show. ” Well, Paul, the basic rule is that the clip you’re using belongs to someone, and you’re supposed to get permission. AUDIO: TRANSCRIPT: [link]. MORE
Martin Senftleben, VU University Amsterdam, Faculty of Law, is publishing The Perfect Match – Civil Law Judges and Open-Ended Fair Use Provisions in volume 32 of the American University International Law Review (2017). MORE
A number of weeks ago, the RLG scored a major fair use victory in Righthaven v. In that case, we argued that even using an entire editorial could be fair use as long as the fair user made a transformative use of the original. fair useHoehn. The Court agreed. The issue of whether an entire work [.]. MORE
Ned Snow, University of Arkansas School of Law, has published Untangling Fair Use as a Matter of Law. Fair use is an issue of fact for the jury. Here is the abstract. Or at least it should be. Recently courts MORE
Acuff-Rose , the leading case relating to the fair use doctrine. In Campbell , the Supreme Court defended 2 Live Crew’s right to parody Roy Orbison’s famous “Oh Pretty Woman&# as fair use. The kindness of strangers, eh? MORE
Dan Hunter, Queensland University of Technology, Faculty of Law, and New York Law School, has published American Lessons: Implementing Fair Use in Australia at 24 Australian Intellectual Property Journal 192 (2014). MORE
Simon Frankel and Matt Kellogg, both of Covington & Burling, have published Bad Faith and Fair Use in volume 60 of the Journal of the Copyright Society of the U.S.A. The fair use doctrine plays 2012). Here is the abstract. MORE
Martin Senftleben, VU University of Amsterdam Faculty of Law, has published Comparative Approaches to Fair Use: An Important Impulse for Reforms in EU Copyright Law, in G.B. Dinwoodie (ed.), Methods and Perspectives in Intellectual Property (G. Dinwoodie, ed., Cheltenham MORE
Tags: ass hat copyright fair use MORE
Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in the face of new technologies that use, modify, and aggregate data in ways not envisioned under the Copyright Act. The Second Circuit’s February 2018 fair use decision in the dispute between Fox News Network, LLC (“Fox”) and TVEyes, Inc. Fair Use after TVEyes. MORE
Stacey Lantagne, University of Mississippi School of Law, has published Sherlock Holmes and the Case of the Lucrative Fandom: Recognizing the Economic Power of Fanworks and Reimagining Fair Use in Copyright. MORE
Nicolo Zingales, Tilburg Law and Economics Center (TILEC), has published Digital Copyright, ''Fair Access'' and the Problem of DRM Misuse in the Boston College Intellectual Property & Technology Forum (2012). MORE
Much to Apple’s dismay, jailbreaking an iPhone is fair use , which means that it does not violate any copyrights. iPhone users will also be able to use the phone on networks other than the official iPhone carrier. Every three years, the U.S. MORE
The videogame publisher tells a judge that tattoos originally created for self-expression now serve the purpose of authenticity. read more. THR, Esq. Business Television Business THR Online MORE
Tags: Copyright Fair Use Litigation Media MORE
Susanna Monseau, College of New Jersey, has published Copyright and the Digital Economy: Is It Necessary to Adopt Fair Use? This paper reviews recent recommendations for and against the introduction of an open-ended fair use exception Here is the abstract. MORE
Sobel, Harvard University Berkman Klein Center for Internet & Society, is publishing Artificial Intelligence's Fair Use Crisis in the Columbia Journal of Law & the Arts. Benjamin L. MORE
The opinion results from the removal of a video showing a toddler dancing to a Prince song. read more. THR, Esq. The Business Movies Music Tech Business THR Online MORE
Rebecca Tushnet, Georgetown University Law Center, has published All of This Has Happened Before and All of This Will Happen Again: Innovation in Copyright Licensing at 28 Berkeley Technology Law Journal 1447 (2014). Here is the abstract. Claims that copyright MORE
Holte, United States Court of Appeals for the Eleventh Circuit, has published "Chapter 7 - Restricting Fair Use to Save the News," in Free Speech and Copyright Law 275-319 (Audhi Vavili, ed. Ryan T. Amicus Books, 2010). Here is the MORE
Lydia Pallas Loren, Lewis & Clark Law School, has published Fair Use: An Affirmative Defense? at 90 Washington Law Review 686 (2015). Here is the abstract. The Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., solidified the treatment of MORE
Michael asks when it’s OK to use “snippets” of existing films as “B-Roll” for his video projects. My answer examines the “Fair Use” defense to copyright infringement. Asked & Answered – Fair Use explained. MORE
A federal judge decides the hip-hop artist transformed a statement about the primacy of jazz over all other forms of popular music. read more. THR, Esq. Music Music Business THR Online MORE
[Editor Charlie sez: We are pleased to have another guest post by Stephen Carlisle of Nova Southeastern University on a recent results-oriented fair use case that points to even murkier future for photographers and all other copyright categories. Defendant claims (all together now) “fair use”. The Court proceeds to ignore key components of the Copyright Act, disregards readily apparent facts, and once again totally botches the “transformative use” test. MORE
Tags: copyright fair use MORE
Edward Lee, Chicago-Kent College of Law, is publishing Fair Use Avoidance in Music Cases in volume 59 of the Boston College Law Review (2018). This Article provides the first empirical study of fair use in cases MORE
Haochen Sun, University of Hong Kong, Faculty of Law, has published Fair Use as a Collective User Right at 90 North Carolina Law Review (2011). This Article puts forward a new theory that reconceptualizes fair use Here is the abstract. MORE
It's about 37 minutes long and definitely worth watching: Tags: drm copyright DMCA First Amendment fair use I just came across this very interesting lecture Viacom General Counsel Mike Fricklas recently gave at Yale Law School. MORE
read more. THR, Esq. Tech Tech THR Online MORE
MArtin SEnftleben, VU University Amsterdam has published "Fair Use in The Netherlands - A Renaissance?" at 33 Tijdschrift voor auteurs, media en informatierecht (AMI) 1 (2009). Here is the abstract. In the course of implementing the EC Copyright Directive, the MORE
But some Righthaven targets are fighting back, raising defenses such as copyright fair use and implied license, in several cases with the assistance of the Electronic Frontier Foundation. Righthaven’s lawsuits in the District of Nevada have so far yielded two rulings on the copyright fair use defense and the doctrine of implied license, and may soon yield further rulings on those issues. Klerks – Fair Use a “Meritorious Defense&#. MORE
awesomeness copyright culture fair use law practice lulz parodyDeVoy. “What what, in the butt?” ” was the question recently before justices Easterbrook, Cudahy and Hamilton in the appeal of Brownmark Films LLC v. Comedy Partners from the Eastern District of Wisconsin. Opinion) At issue was whether South Park’s interpretation of Samwell’s “What What In The Butt,” as performed by Butters in the [.]. MORE
In this video, the author uses the entirety of Maurice Sendak’s “Where the Wild Things Are.” That’s really what fair use is all about. ” But, Christopher Walken breathes new life into it, and gives it a life of its own. And no, you fucking hippies, SOPA would not make this illegal. Filed under: misc. MORE
Jersey Boys’ use of Ed Sullivan Clip is fair use. owner of the Ed Sullivan Show footage had sued Broadway Producers , Dodger productions, Inc., over the show’s use of a 7-second clip from a January 1966 episode in which Sullivan introduced the pop singing group. MORE
Amy Adler, New York University School of Law, is publishing Fair Use and the Future of Art in volume 91 of the New York University Law Review (2016). MORE
Hugenholtz and Martin Senftleben, University of Amsterdam, have published Fair Use in Europe: In Search of Flexibilities. Here is the abstract. There appear to be good reasons and ample opportunity to (re)introduce a measure of flexibility in the MORE
Robert Brauneis, George Washington Law School, has published Parodies, Photocopies, Recusals, and Alternate Copyright Histories: The Two Deadlocked Supreme Court Fair Use Cases. Before any of the Supreme Court’s trio of fair use decisions – Sony MORE
Amy Adler, New York University School of Law, is publishing Fair Use and the Future of Art in volume 91 of the New York University Law Review (2016). MORE
Liu, Boston College Law School, is publishing Fair Use, Notice Failure, and the Limits of Copyright as Property in volume 96 of the Boston University Law Review (2016). Joseph P. MORE
The 2nd Circuit writes the latest chapter in a decade-old fight that attracted the interest of the MPAA and practically every labor guild representing authors in media and entertainment. read more. THR, Esq. The Business Tech Business THR Online MORE
Fair Use Related Topics Gordon P. Firemark
AUGUST 16, 2017
TRANSCRIPT: What is Fair Use, and when does it apply? One of the most important concepts in copyright law these days is “Fair Use” But there are a lot of misconceptions out there about it. There are four Fair Use Factors. AUDIO: [link].
Gordon P. Firemark
AUGUST 1, 2013
Michael asks when it’s OK to use “snippets” of existing films as “B-Roll” for his video projects. My answer examines the “Fair Use” defense to copyright infringement. Asked & Answered – Fair Use explained.
Gordon P. Firemark
OCTOBER 13, 2016
Paul has a question about using clips from a presidential debate from years ago on his radio show. ” Well, Paul, the basic rule is that the clip you’re using belongs to someone, and you’re supposed to get permission. AUDIO: TRANSCRIPT: [link].
Gordon P. Firemark
MARCH 18, 2013
Jersey Boys’ use of Ed Sullivan Clip is fair use. owner of the Ed Sullivan Show footage had sued Broadway Producers , Dodger productions, Inc., over the show’s use of a 7-second clip from a January 1966 episode in which Sullivan introduced the pop singing group.
New Media and Technology Law
JANUARY 28, 2019
Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in the face of new technologies that use, modify, and aggregate data in ways not envisioned under the Copyright Act. The Second Circuit’s February 2018 fair use decision in the dispute between Fox News Network, LLC (“Fox”) and TVEyes, Inc. Fair Use after TVEyes.
The Legal Satyricon
AUGUST 6, 2011
A number of weeks ago, the RLG scored a major fair use victory in Righthaven v. In that case, we argued that even using an entire editorial could be fair use as long as the fair user made a transformative use of the original. fair useHoehn. The Court agreed. The issue of whether an entire work [.].
Media Law Prof Blog
MARCH 17, 2014
Stacey Lantagne, University of Mississippi School of Law, has published Sherlock Holmes and the Case of the Lucrative Fandom: Recognizing the Economic Power of Fanworks and Reimagining Fair Use in Copyright.
Media Law Prof Blog
AUGUST 29, 2018
Edward Lee, Chicago-Kent College of Law, is publishing Fair Use Avoidance in Music Cases in volume 59 of the Boston College Law Review (2018). This Article provides the first empirical study of fair use in cases
Media Law Prof Blog
NOVEMBER 1, 2012
Simon Frankel and Matt Kellogg, both of Covington & Burling, have published Bad Faith and Fair Use in volume 60 of the Journal of the Copyright Society of the U.S.A. The fair use doctrine plays 2012). Here is the abstract.
JetLawBlog
JULY 31, 2010
Much to Apple’s dismay, jailbreaking an iPhone is fair use , which means that it does not violate any copyrights. iPhone users will also be able to use the phone on networks other than the official iPhone carrier. Every three years, the U.S.
Media Law Prof Blog
JULY 22, 2015
Lydia Pallas Loren, Lewis & Clark Law School, has published Fair Use: An Affirmative Defense? at 90 Washington Law Review 686 (2015). Here is the abstract. The Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc., solidified the treatment of
Media Law Prof Blog
SEPTEMBER 18, 2017
Sobel, Harvard University Berkman Klein Center for Internet & Society, is publishing Artificial Intelligence's Fair Use Crisis in the Columbia Journal of Law & the Arts. Benjamin L.
Gordon P. Firemark
DECEMBER 13, 2011
We discussed the Fair Use defense to copyright infringement. A few weeks ago, at the BlogWorld 2011 conference, I gave an interview to my good friend Mark Yoshimoto Nemcoff of.
Media Law Prof Blog
APRIL 18, 2013
Martin Senftleben, VU University of Amsterdam Faculty of Law, has published Comparative Approaches to Fair Use: An Important Impulse for Reforms in EU Copyright Law, in G.B. Dinwoodie (ed.), Methods and Perspectives in Intellectual Property (G. Dinwoodie, ed., Cheltenham
Media Law Prof Blog
SEPTEMBER 29, 2016
Amy Adler, New York University School of Law, is publishing Fair Use and the Future of Art in volume 91 of the New York University Law Review (2016).
THR, Esq. Entertainment & Media Law Blog
OCTOBER 16, 2015
The 2nd Circuit writes the latest chapter in a decade-old fight that attracted the interest of the MPAA and practically every labor guild representing authors in media and entertainment. read more. THR, Esq. The Business Tech Business THR Online
Media Law Prof Blog
AUGUST 23, 2016
Amy Adler, New York University School of Law, is publishing Fair Use and the Future of Art in volume 91 of the New York University Law Review (2016).
The Legal Satyricon
OCTOBER 24, 2009
Tags: ass hat copyright fair use
THR, Esq. Entertainment & Media Law Blog
AUGUST 10, 2017
The videogame publisher tells a judge that tattoos originally created for self-expression now serve the purpose of authenticity. read more. THR, Esq. Business Television Business THR Online
The Legal Satyricon
JUNE 7, 2012
awesomeness copyright culture fair use law practice lulz parodyDeVoy. “What what, in the butt?” ” was the question recently before justices Easterbrook, Cudahy and Hamilton in the appeal of Brownmark Films LLC v. Comedy Partners from the Eastern District of Wisconsin. Opinion) At issue was whether South Park’s interpretation of Samwell’s “What What In The Butt,” as performed by Butters in the [.].
The Legal Satyricon
JANUARY 19, 2012
In this video, the author uses the entirety of Maurice Sendak’s “Where the Wild Things Are.” That’s really what fair use is all about. ” But, Christopher Walken breathes new life into it, and gives it a life of its own. And no, you fucking hippies, SOPA would not make this illegal. Filed under: misc.
Media Law Prof Blog
SEPTEMBER 8, 2014
John Tehranian, Southwestern Law School, has published Dangerous Undertakings: Sacred Texts and Copyright''s Myth of Aesthetic Neutrality in The Sage Handbook of Intellectual Property (Matthew David and Debora Halbert, eds., Sage Publications, 2014). Here is the abstract. At a rhetorical
Media Law Prof Blog
AUGUST 26, 2014
Dan Hunter, Queensland University of Technology, Faculty of Law, and New York Law School, has published American Lessons: Implementing Fair Use in Australia at 24 Australian Intellectual Property Journal 192 (2014).
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 14, 2015
The opinion results from the removal of a video showing a toddler dancing to a Prince song. read more. THR, Esq. The Business Movies Music Tech Business THR Online
Media Law Prof Blog
AUGUST 7, 2017
Martin Senftleben, VU University Amsterdam, Faculty of Law, is publishing The Perfect Match – Civil Law Judges and Open-Ended Fair Use Provisions in volume 32 of the American University International Law Review (2017).
Media Law Prof Blog
FEBRUARY 25, 2015
Rebecca Tushnet, Georgetown University Law Center, has published All of This Has Happened Before and All of This Will Happen Again: Innovation in Copyright Licensing at 28 Berkeley Technology Law Journal 1447 (2014). Here is the abstract. Claims that copyright
Media Law Prof Blog
SEPTEMBER 28, 2010
Ned Snow, University of Arkansas School of Law, has published Untangling Fair Use as a Matter of Law. Fair use is an issue of fact for the jury. Here is the abstract. Or at least it should be. Recently courts
Media Law Prof Blog
NOVEMBER 21, 2011
Hugenholtz and Martin Senftleben, University of Amsterdam, have published Fair Use in Europe: In Search of Flexibilities. Here is the abstract. There appear to be good reasons and ample opportunity to (re)introduce a measure of flexibility in the
Media Law Prof Blog
AUGUST 18, 2017
Robert Brauneis, George Washington Law School, has published Parodies, Photocopies, Recusals, and Alternate Copyright Histories: The Two Deadlocked Supreme Court Fair Use Cases. Before any of the Supreme Court’s trio of fair use decisions – Sony
Media Law Prof Blog
FEBRUARY 1, 2012
Haochen Sun, University of Hong Kong, Faculty of Law, has published Fair Use as a Collective User Right at 90 North Carolina Law Review (2011). This Article puts forward a new theory that reconceptualizes fair use Here is the abstract.
THR, Esq. Entertainment & Media Law Blog
SEPTEMBER 13, 2017
read more. THR, Esq. Tech Tech THR Online
Media Law Prof Blog
MAY 17, 2010
Holte, United States Court of Appeals for the Eleventh Circuit, has published "Chapter 7 - Restricting Fair Use to Save the News," in Free Speech and Copyright Law 275-319 (Audhi Vavili, ed. Ryan T. Amicus Books, 2010). Here is the
Music Technology Policy
JUNE 26, 2018
[Editor Charlie sez: We are pleased to have another guest post by Stephen Carlisle of Nova Southeastern University on a recent results-oriented fair use case that points to even murkier future for photographers and all other copyright categories. Defendant claims (all together now) “fair use”. The Court proceeds to ignore key components of the Copyright Act, disregards readily apparent facts, and once again totally botches the “transformative use” test.
New Media and Technology Law
FEBRUARY 24, 2011
But some Righthaven targets are fighting back, raising defenses such as copyright fair use and implied license, in several cases with the assistance of the Electronic Frontier Foundation. Righthaven’s lawsuits in the District of Nevada have so far yielded two rulings on the copyright fair use defense and the doctrine of implied license, and may soon yield further rulings on those issues. Klerks – Fair Use a “Meritorious Defense&#.
Media Law Prof Blog
APRIL 13, 2017
Liu, Boston College Law School, is publishing Fair Use, Notice Failure, and the Limits of Copyright as Property in volume 96 of the Boston University Law Review (2016). Joseph P.
JetLawBlog
FEBRUARY 23, 2009
Acuff-Rose , the leading case relating to the fair use doctrine. In Campbell , the Supreme Court defended 2 Live Crew’s right to parody Roy Orbison’s famous “Oh Pretty Woman&# as fair use. The kindness of strangers, eh?
The Legal Satyricon
MAY 28, 2010
Tags: copyright fair use
Media Law Prof Blog
OCTOBER 31, 2013
Nicolo Zingales, Tilburg Law and Economics Center (TILEC), has published Digital Copyright, ''Fair Access'' and the Problem of DRM Misuse in the Boston College Intellectual Property & Technology Forum (2012).
Media Law Prof Blog
MARCH 24, 2015
Susanna Monseau, College of New Jersey, has published Copyright and the Digital Economy: Is It Necessary to Adopt Fair Use? This paper reviews recent recommendations for and against the introduction of an open-ended fair use exception Here is the abstract.
THR, Esq. Entertainment & Media Law Blog
JULY 14, 2009
Tags: Copyright Fair Use Litigation Media
Media Law Prof Blog
MARCH 29, 2010
MArtin SEnftleben, VU University Amsterdam has published "Fair Use in The Netherlands - A Renaissance?" at 33 Tijdschrift voor auteurs, media en informatierecht (AMI) 1 (2009). Here is the abstract. In the course of implementing the EC Copyright Directive, the
Copyrights & Campaigns
NOVEMBER 14, 2009
It's about 37 minutes long and definitely worth watching: Tags: drm copyright DMCA First Amendment fair use I just came across this very interesting lecture Viacom General Counsel Mike Fricklas recently gave at Yale Law School.
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