Music Technology Policy

JULY 29, 2020

But what we won’t hear is how companies like Google use their monopoly power to drive down the value of copyright and the principal way they do it (aside from outright lying) is by manipulating exceptions to copyright and especially fair use. Supreme Court in the fair use case against Oracle. Weaponized fair use is extremely harmful and is the opposite of the purpose of copyright. The U.S.

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Music Technology Policy

OCTOBER 4, 2020

The appeal turns in part on whether the Supreme Court will uphold the Federal Circuit’s definition of fair use for creators and reject Google’s dubious assertion of “industrial strength” fair use. I co-wrote an amicus brief on the fair use question on behalf of independent songwriters supporting Oracle in the appeal. Let’s remember that the core public policy justification for the fair use defense is to advance the public interest.

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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. And another is that if your use is for educational purposes, you can copy pretty freely (you can't). So, in this video, I'm going to give you a brief explanation of fair use, but it's important to understand that there ARE no rules of thumb.

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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. This is intended as general information only and does not establish an attorney-client relationship.

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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. My guess is that they’ll grant you permission to use the tiny snippet, and that’s that…. But fair use is a tricky thing because it has to be judged on a case-by-case basis. AUDIO: TRANSCRIPT: [link].

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Fair Use Law Infringement Los Angeles 200

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. The Court, in its ruling expressed skepticism over the plaintiff’s position, and conducted the usual fair use analysis. The Amount and Substantiality of the Portion Used.

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Fair Use Trends Intellectual Property Copyright 145

Media Law Prof Blog

JULY 13, 2020

Cathay Smith, University of Montana School of Law, is publishing Political Fair Use in volume 62 of the William & Mary Law Review (2020). During election season, politicians and political campaigns often use pop culture or Here is the abstract.

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Fair Use Review Politics Law 40

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 [.].

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Fair Use Original Issues 56

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. Here is the abstract. Fan” culture in the guise

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Fair Use Economics Copyright Law 59

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.

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Fair Use Copyright 64

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.

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THR, Esq. Entertainment & Media Law Blog

MAY 31, 2017

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

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Fair Use Statement Judge Lawsuit 87

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

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Fair Use EU Intellectual Property Copyright 58

New Media and Technology Law

JULY 22, 2019

July 1, 2019), a New York district court granted the Andy Warhol Foundation for the Visual Arts’ (“AWF”) motion for summary judgment that Warhol’s series of screen prints and silkscreen paintings (the “Prince Series”) did not infringe the plaintiff Lynn Goldsmith’s (“Goldsmith”) original 1981 photograph of the musician Prince, ruling that the Warhol works were transformative and qualified as fair use. Fair use” is a statutory defense to a claim of copyright infringement.

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Fair Use Original Infringement Analysis 46

Media Law Prof Blog

FEBRUARY 28, 2020

Jane Ginsburg, Columbia Law School, is publishing Essay – Fair Use Factor Four Revisited: Valuing the ‘Value of the Copyrighted Work’ in the Journal of the Copyright Society of the USA (Spring 2020). Here is the abstract. Recent caselaw has

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Fair Use Law Copyright 43

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. As successful as the iPhone is, it seems only fair that Apple respond to consumer demand, and this new ruling may force Apple to address this. Every three years, the U.S.

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Fair Use Cell Phone Warranty Wireless 50

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 Here is the abstract.

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Fair Use Review Law Music 40

The Legal Satyricon

OCTOBER 24, 2009

Tags: ass hat copyright fair use

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Fair Use Market YouTube Education 65

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

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Fair Use Review Music Law 48

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. The angles aren’t particularly flattering, but here’s the video: Entertainment Law Podcasting Television

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Fair Use Conference Infringement Video 141

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 [.].

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Fair Use Film Issues Law 54

The Legal Satyricon

FEBRUARY 24, 2014

Need I say more? Filed under: misc.

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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.

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Fair Use Video Authorization 50

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. Here is the abstract. As automation supplants more forms of labor

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Fair Use Art Internet Law 40

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

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Fair Use License Law Copyright 54

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

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Fair Use Law 48

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

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Fair Use Issues Law 48

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

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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&#.

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Fair Use DMCA Domain Name License 79

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.

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Fair Use Review Law Rights 52

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). Here is the abstract. Twenty-five years ago, in a seminal article in

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Fair Use Art New York Review 46

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

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Fair Use Free Speech Copyright Law 54

The Legal Satyricon

MAY 28, 2010

Tags: copyright fair use

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Fair Use Video Game Screen Capture Games 58

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). Here is the abstract. Twenty-five years ago, in a seminal article in

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Fair Use New York Art Review 43

THR, Esq. Entertainment & Media Law Blog

JULY 14, 2009

Tags: Copyright Fair Use Litigation Media

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Fair Use Press Litigation Copyright 83

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

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Fair Use Auteur Copyright 50

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.

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Fair Use Review Copyright Law 46

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.

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Fair Use Video Authorization 40

Media Law Prof Blog

APRIL 14, 2015

Karol, New England Law, Boston, has published Fair Use, Meet Ex parte Young at 89 BNA''s Patent Trademark and Copyright Journal 689 (2015). Peter J. Here is the abstract. This article explores a critical, but generally undiscussed, aspect of the

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Media Law Prof Blog

AUGUST 28, 2019

Menell, UC Berkeley School of Law, Shyamkrishna Balganesh, University of Pennsylvania Law School, and David Nimmer, Irell & Manell, LLP, have published Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise. Peter S. Here is the abstract

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Fair Use Law 40

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

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Fair Use Intellectual Property Copyright Law 46

Media Law Prof Blog

JULY 25, 2012

Natalia Cianfaglione, Boston University School of Law & Bard College, has published Hollywood Online: Fan Fiction, Copyright, and the Internet. Here is the abstract. The Internet has allowed fan fiction to reach new heights. YouTube and similar technologies have allowed

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Fair Use YouTube Hollywood Internet 59

New Media and Technology Law

MARCH 22, 2011

We recently wrote on the copyright enforcement lawsuits brought by Righthaven LLC, the intellectual property enforcement firm, and in particular, on a pending ruling on the issue of fair use in the Righthaven litigation against the Center for Intercultural Organizing (CIO). CIO in the District of Nevada, announced that he would dismiss Righthaven's lawsuit on the grounds of fair use. Copyright Righthaven fair use

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Fair Use Intellectual Property Lawsuit Free Speech 83