Tags: Copyright Fair Use Litigation MORE
Tags: Copyright Fair Use YouTube MORE
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 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
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
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. 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
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. MORE
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. MORE
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. MORE
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 MORE
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. MORE
A confidential settlement made during deliberation makes the jury's verdict moot. read more. THR, Esq. THR, Esq. Tech Tech THR Online 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
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 MORE
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 MORE
Tags: Copyright Fair Use Media 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
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
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. 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
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 MORE
Tags: Fair Use Litigation 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
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. MORE
The ruling is intended to discourage lawsuits that have a "chilling effect on creativity." read more. The Business Music THR, Esq. Television Business 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
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
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
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
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 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
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
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 MORE
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 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
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 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
A judge rules that indiscriminate sharing, downloading and time-searching of TV clips isn't protected as copyright fair use. read more. THR, Esq. The Business Television Tech Business THR Online MORE
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 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
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. MORE
Fair Use Related Topics 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
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
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
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
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.
THR, Esq. Entertainment & Media Law Blog
MARCH 3, 2016
A confidential settlement made during deliberation makes the jury's verdict moot. read more. THR, Esq. THR, Esq. Tech Tech THR Online
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
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.
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
THR, Esq. Entertainment & Media Law Blog
MARCH 11, 2013
The ruling is intended to discourage lawsuits that have a "chilling effect on creativity." read more. The Business Music THR, Esq. Television Business
THR, Esq. Entertainment & Media Law Blog
MARCH 31, 2015
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
Copyrights & Campaigns
FEBRUARY 23, 2011
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
Broadcast Law Blog
JANUARY 8, 2014
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.
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.
THR, Esq. Entertainment & Media Law Blog
JULY 1, 2013
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
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.
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
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 [.].
Media Law Prof Blog
JANUARY 19, 2011
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
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.
Media Law Prof Blog
SEPTEMBER 30, 2011
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
THR, Esq. Entertainment & Media Law Blog
JANUARY 4, 2017
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
Broadcast Law Blog
JANUARY 17, 2017
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.
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
Gordon P. Firemark
NOVEMBER 6, 2013
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.
THR, Esq. Entertainment & Media Law Blog
APRIL 1, 2010
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.
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).
THR, Esq. Entertainment & Media Law Blog
JUNE 14, 2017
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.
THR, Esq. Entertainment & Media Law Blog
JUNE 1, 2010
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
THR, Esq. Entertainment & Media Law Blog
APRIL 21, 2010
Tags: Copyright Fair Use YouTube
THR, Esq. Entertainment & Media Law Blog
APRIL 12, 2010
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.
THR, Esq. Entertainment & Media Law Blog
MARCH 7, 2017
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
THR, Esq. Entertainment & Media Law Blog
JANUARY 7, 2010
Tags: Fair Use Litigation
THR, Esq. Entertainment & Media Law Blog
OCTOBER 22, 2009
Tags: Copyright Fair Use Media
THR, Esq. Entertainment & Media Law Blog
JULY 21, 2009
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.
THR, Esq. Entertainment & Media Law Blog
JUNE 18, 2009
Tags: Copyright Fair Use Litigation
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 [.].
The Legal Satyricon
FEBRUARY 5, 2016
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.
THR, Esq. Entertainment & Media Law Blog
AUGUST 25, 2015
A judge rules that indiscriminate sharing, downloading and time-searching of TV clips isn't protected as copyright fair use. read more. THR, Esq. The Business Television Tech Business THR Online
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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