Entertainment Lawyer Explains Fair Use

Gordon P. Firemark

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].

Asked & Answered – Fair Use explained.

Gordon P. Firemark

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.

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Fair Use: Presidential Debate Footage – Entertainment Law Asked & Answered

Gordon P. Firemark

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].

Jersey Boys’ use of Ed Sullivan Clip is fair use

Gordon P. Firemark

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.

Lee on Fair Use Avoidance in Music Cases

Media Law Prof Blog

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

Fair Use is Awesome

The Legal Satyricon

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 [.].

Drake Beats Lawsuit Over Sampling With Winning "Fair Use" Argument

THR, Esq. Entertainment & Media Law Blog

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

Bad Faith and Fair Use

Media Law Prof Blog

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.

Should Fair Use Be an Affirmative Defense?

Media Law Prof Blog

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

iPhone “Jailbreaking” is Fair Use

JetLawBlog

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.

Sobel on Artificial Intelligence's Fair Use Crisis @BKCHarvard

Media Law Prof Blog

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.

TV interview with Mark Yoshimoto Nemcoff: Fair Use, Parody and the Web.

Gordon P. Firemark

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.

Fair Use In Comparative Law

Media Law Prof Blog

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

Adler on Fair Use and the Future of Art

Media Law Prof Blog

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).

Appeals Court Rules Google Book Scanning Project is Fair Use

THR, Esq. Entertainment & Media Law Blog

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

Adler on Fair Use and the Future of Art

Media Law Prof Blog

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).

Hitler on Fair Use and Viral Marketing

The Legal Satyricon

Tags: ass hat copyright fair use

Take-Two Argues Tattoos in 'NBA 2K' Are Fair Use

THR, Esq. Entertainment & Media Law Blog

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

Guest Post: Court Rules Photographs are “Factual Depictions”; Copying Them Is Fair use

Music Technology Policy

[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.

What What, Fair Use on a 12(b)(6)?

The Legal Satyricon

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 [.].

Why do we need fair use?

The Legal Satyricon

Need I say more? Filed under: misc.

Senftleben on Civil Law Judges and Open-Ended Fair Use Provisions

Media Law Prof Blog

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).

Fair Use and Aesthetics In Copyright Law

Media Law Prof Blog

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

Why we need fair use

The Legal Satyricon

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.

US Fair Use Principles and the Australian IP Regime

Media Law Prof Blog

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).

Appeals Court: Copyright Owners Must Consider Fair Use Before Sending Takedowns

THR, Esq. Entertainment & Media Law Blog

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

Brauneis on Parodies, Photocopies, Recusals, and Alternative Copyright Histories: The Two Deadlocked Supreme Court Fair Use Cases @RobertBrauneis

Media Law Prof Blog

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

Copyright Licensing, Fair Use, and Innovation

Media Law Prof Blog

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

'NBA 2K' Tattoos a "Ploy" to Draw Consumers In, Not Fair Use, Filing Argues

THR, Esq. Entertainment & Media Law Blog

read more. THR, Esq. Tech Tech THR Online

Fair Use For Fair Users

Media Law Prof Blog

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

Fair Use In European Law

Media Law Prof Blog

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

Liu on Fair Use, Notice Failure, and the Limits of Copyright as Property

Media Law Prof Blog

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.

Fair Use As a Collective User Right

Media Law Prof Blog

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.

Recalibrating the Fair Use Exception

Media Law Prof Blog

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

The Righthaven Lawsuits: What is Fair Use of Online Publications?

New Media and Technology Law

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&#.

Satire. Is it a Fair Use?

JetLawBlog

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?

Video Game Playthrough Footage Should Be Fair Use

The Legal Satyricon

Tags: copyright fair use

A Comparative Look at Copyright Law and Fair Use Exemptions

Media Law Prof Blog

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.

Digital Copyright, Fair Use, and Digital Rights Management

Media Law Prof Blog

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).

Who owns the Obama photo? Poster fair-use fight takes new turn

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Fair Use Litigation Media

Fair Use In The Netherlands

Media Law Prof Blog

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

Fair Use and Cleaned Up Batman Porn

The Legal Satyricon

Holy rusty trombone Batman! They took out all the sex scenes! For those who have ever had dirty thoughts about their favorite movie character, chances are there’s a porn parody to make all their naughty Hollywood dreams come true. Come on, you don’t have some version of “Anna” from Frozen in your spank bank? Whatever… […].

Federal Circuit Again Reverses California Court in Oracle-Google Copyright Dispute over Java APIs – Releases a Major Ruling on Fair Use in the Software Context

New Media and Technology Law

Google”) of unauthorized use of some of its Java-related copyrights in Google’s Android software platform. Specifically, Oracle alleges that Google infringed the declaring code of certain Java API packages for use in Android, including copying the elaborate taxonomy covering 37 packages that involves multiple classes and methods. The court deemed factor three, which concerns the amount of the work used, as neutral.