Congress Should Investigate The Monopoly Power of Weaponized Fair Use

Music Technology Policy

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.

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. 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.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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

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. 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].

Smith on Political Fair Use @CathaySmith

Media Law Prof Blog

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.

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. 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.

The Dopamine Delivery Device: The Android/Fair Use Connection

Music Technology Policy

Including distorting copyright exceptions into loopholes that Congress never intended and in the case of fair use really have no precedents. Fair use is at the core of Google’s commercial intentions, and at a massive scale. Fair use gets them content, content gets them addiction, and Android gets them Google accounts that they can use for very precise data profiling and aggregation.

Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis

New Media and Technology Law

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.

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

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.

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

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.

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 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

New York Court Finds Warhol Series to be Fair Use of Prince Photograph

New Media and Technology Law

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.

Ginsburg on the Fair Use Factor Revisited: Valuing the "Value of the Copyrighted Work" @ColumbiaLaw

Media Law Prof Blog

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

Hitler on Fair Use and Viral Marketing

The Legal Satyricon

Tags: ass hat copyright fair use

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

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

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.

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.

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

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

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

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

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

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.

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&#.

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

Video Game Playthrough Footage Should Be Fair Use

The Legal Satyricon

Tags: copyright fair use

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

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

Menell, Balganesh, and Nimmer on Mashups and Fair Use: The Bold Misadventures of the Seussian Starship Enterprise @BerkeleyLawBCLT

Media Law Prof Blog

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

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.

Fair Use and the Limitations Imposed By Ex Parte Young

Media Law Prof Blog

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

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.

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

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.

Fan Fiction, Fair Use, and the Internet

Media Law Prof Blog

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

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). Here is the abstract. This article discusses the recent