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

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].

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

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.

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.

"Dancing Baby" Appeals Court Decision Stands Minus the "Fair Use" Algorithms

THR, Esq. Entertainment & Media Law Blog

The 9th Circuit won't re-hear a case concerning a YouTube video of a toddler dancing to the Prince hit "Let's Go Crazy." read more. THR, Esq. Tech Tech THR Online

YouTube Trial: Juror Says YouTuber's Incorporation of Unlicensed Clips Is Not Fair Use

THR, Esq. Entertainment & Media Law Blog

A confidential settlement made during deliberation makes the jury's verdict moot. read more. THR, Esq. THR, Esq. Tech Tech THR Online

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&#.

Fan Fiction and Fair Use

Media Law Prof Blog

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.

Posting of Entire News Article is Fair Use, Says Judge in Righthaven Copyright Litigation

New Media and Technology Law

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

Appeals Court: 'Ed Sullivan' Clip in 'Jersey Boys' is Fair Use

THR, Esq. Entertainment & Media Law Blog

The ruling is intended to discourage lawsuits that have a "chilling effect on creativity." read more. The Business Music THR, Esq. Television Business

Judge Rules 'Three's Company' Parody Play to Be Fair Use

THR, Esq. Entertainment & Media Law Blog

The judge granted a legal victory against DLT Entertainment, owner of the the 1970s sitcom starring John Ritter as Jack Ritter. read more. The Business THR Online THR, Esq. Business

Court: Merchandising of Shepard Fairey 'Obama Hope' image not fair use; factual issues remain on substantial similarity

Copyrights & Campaigns

The court in the case involving Shepard Fairey's use of an AP photograph in his famous " Obama Hope " poster has ruled that a company that manufactured and distributed clothing bearing the Obama Hope image under license from one of Fairey's corporate entities did not engage in fair use. The court, however, held that there remains a factual dispute whether the images used by One 3 Two, Inc. Shepard Fairey copyright Obama politics fair use

Learning Copyright Law from TV’s The Good Wife – Compulsory Licenses, Derivitive Works and Parody and Fair Use

Broadcast Law Blog

The first is the right of the copyright holder to authorize others to use their compositions or recordings to make copies. In dealing with the right to make reproductions, the show talked about the use of a compulsory license. What was discussed in the TV show was the compulsory license to use a musical composition to record a cover version of a song – the mechanical royalty that is embodied in Section 115 of the Copyright Act.

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].

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.

Appeals Court Orders Fair Use Probe in Google Book-Scanning Lawsuit

THR, Esq. Entertainment & Media Law Blog

The Second Circuit vacates a June decision that certified a class of authors pursuing the online giant for scanning millions of books without permission. read more. The Business THR, Esq. Google Tech Business

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

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.

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 [.].

Fair Use Doctrine in the EC Legal Regime

Media Law Prof Blog

Martin Senftleben, VU University Amsterdam, Faculty of Law, has published Bridging the Differences between Copyright's Legal Traditions – The Emerging EC Fair Use Doctrine at 57 Journal of the Copyright Society of the U.S.A. 521 (Spring 2010). Here is the

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.

"South Park" Creators Prevail In Fair Use Defense Of "What What In the Butt" Parody

Media Law Prof Blog

A federal district court has dismissed a plaintiff's claim that the parody of a music video in an episode of use of a song in an episode of the popular show "South Park" constitutes infringement. Brownmark Films had sued Comedy

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.

Art 1

'Star Trek' Fan Film Dispute Goes to Jury Trial in Big Ruling

THR, Esq. Entertainment & Media Law Blog

A judge rules that the "Axanar" production company can't claim fair use. But a jury will decide the question of subjective substantial similarity. read more. THR, Esq. The Business Movies Television Business THR Online

As Super Bowl Approaches, Advertisers Should Be Aware of The NFL’s Efforts to Protect Its Golden Goose – 2017 Update

Broadcast Law Blog

In addition to the monies it receives annually for the right to broadcast the Super Bowl, the NFL receives more than $1 billion in income from licensing the use of the SUPER BOWL trademark and logo. Broadcasters and other news publishers have latitude to use the phrase “Super Bowl” in their news and other editorial content, but they need to wary of engaging in activities, particularly in advertising and promotion, that the NFL may view as trademark or copyright infringement.

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Asked & Answered – Can I use another film’s title or scenes in my screenplay?

Gordon P. Firemark

A : My answer in the video below: Transcript: “Cat” writes in with a question about using titles and snippets of dialogue from famous movies in her new script. But, in order to use the clip, there’s a raft of other legal hurdles to be overcome.

Actor 39

Copyright law, explained by Disney characters

THR, Esq. Entertainment & Media Law Blog

Disney characters explain copyright law in a video called "A Fairy (Use) Tale". Tags: Copyright Fair Use This is way old, but we love it and we've never posted it here.

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Judge: Republican infringed Don Henley songs in campaign ads

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner A federal judge has tentatively ruled that California senatorial candidate Chuck DeVore violated rocker Don Henley's copyrights on two songs when he used them as the basis for campaign commercials posted on YouTube. Tags: Advertising Copyright Decisions Roundup Fair Use Government Litigation

What we can learn from the 'Downfall' of Hitler

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Fair Use YouTube

Video 20

Republican: Using Don Henley songs in commercials is parody of 'Hollywood and entertainment elite'

THR, Esq. Entertainment & Media Law Blog

By Eriq Gardner Republican senatorial candidate Chuck DeVore argues in a new court filing that he should be able to use songs by Don Henley in campaign commercials because Hollywood elite are ripe for parody. Tags: Copyright Fair Use Government Litigation DeVore is defending a copyright.

Judge Overturns Jury's Verdict That 'Jersey Boys' Is a Copyright Infringement

THR, Esq. Entertainment & Media Law Blog

After nearly a decade in court, a Nevada judge decides that producers, writers and the director of the hit musical fairly used an unpublished biography.

Fox News sued for airing interview with Michael Jackson ex

THR, Esq. Entertainment & Media Law Blog

Tags: Fair Use Litigation

NPR wades into political waters of gay marriage

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Fair Use Media

Fox News Appears to Have Edge in Showdown That Could Curtail Sharing of Clips

THR, Esq. Entertainment & Media Law Blog

At a hearing on Tuesday, the 2nd Circuit reviewed copyright fair use arguments by the media monitoring service TVEyes. read more. THR, Esq. The Business Television Tech Business THR Online

John McCain settles Jackson Browne lawsuit, apologizes for use of song

THR, Esq. Entertainment & Media Law Blog

Last year, Browne sued the Republican presidential candidate for using Browne's "Running on. Tags: Copyright Dealmaking Fair Use Free Speech Government Litigation Right of Publicity By Eriq Gardner We can finally close the book on the 2008 presidential election now. Singer Jackson Browne has announced he's settled a lawsuit against John McCain.

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Court issues injunction against 'Catcher in the Rye' sequel

THR, Esq. Entertainment & Media Law Blog

Tags: Copyright Fair Use Litigation

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 [.].

Super Bowling for Dollars

The Legal Satyricon

Here’s the thing–the 9th Circuit laid out a nice test for nominative fair use: […]. misc trademark big game fair use ftc nominative fair use super bowlby Jay Marshall Wolman Yesterday, on Twitter (yes, I’m on Twitter @wolmanj), I shared an article by Mike Masnick from 2012 regarding the myth of the Big Game/Super Bowl nomenclature. It seems the issue is still a popular one on Techdirt.

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).