Posts in Fair Use


Musically Inclined: The Music Modernization Act of 2018

When Congress permitted sound recordings to be copyrighted over four decades ago, it didn’t extend that coverage to pre-1972 recordings. This issue, and the piecemeal nature …
By Amy Goldsmith
5 days ago 2

Preventing a Graffiti Copyright Infringement Lawsuit

Filming and photographing in public venues – parks, streets, subway stations – for ads, TV spots and social media videos can produce exciting, creative results for advertising campaigns, but …
By Mark Peroff & Darren Saunders
2 months ago 4

Judge Rules Photographer Owned Marilyn Monroe Photo Copyright, Fair Use Moves to Trial

U.S. District Judge Paul Engelmayer of the Southern District of New York recently entered an opinion and order in a copyright case involving the famed “Last …
By Steve Brachmann
3 months ago 0

Copyright and Tattoos: Who owns your ink?

As of 2012, one in five adults in the United States have at least one tattoo.  While some designs are simple, many are incredibly complex, original works of …
By Katie Scholz
4 months ago 9

Costumes and Copyrights: Can you afford to wear that?

There’s a season every year where individuals dress-up in homemade costumes and gather for tricks, treats… and comic books? That’s right, it’s comic-con season! …
By Katie Scholz
4 months ago 8

Oracle v. Google: Protecting Software Development, Not Destroying It

Many articles are coming out about how the recent decision in Oracle America v. Google is going to destroy the ability to create and protect software in …
By Bob Zeidman
4 months ago 2

Oracle America v. Google, Free Java: Fair or Unfair?

The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, …
By Jie Lian
4 months ago 3

Copyright and Fair Use in the Age of YouTube

The opinion acknowledges, in a footnote on page 3, that videos of the type that the Klein's created, is not unique. Instead, it is part of a growing …
By Katie Scholz
6 months ago 3

A Costly Haircut

Lebron James and Nick Saban are well-known for dominance in their respective sports of basketball and college football. Recently they found themselves opposing each other in an …
By Andrew Warren
6 months ago 0

How Not to Copy: What is Fair and What is Fair Use?

These issues of fairness and fair use are played out in the recent Oracle v. Google decision. In a convoluted case that has gone up to the …
By Raymond Van Dyke
7 months ago 0

Google’s use of Java API packages in Android OS not a fair use

The Federal Circuit found Google’s use of Java API packages in it's Android operating system was not a fair use as a matter of law, resurrecting …
By Gene Quinn
8 months ago 15

Iconic Michael Jordan Photograph Not Infringed – Ninth Circuit

The case is interesting, however, not just because it involved famous subjects – a “renowned photographer” (as the Plaintiff was described in the court’s first sentence), a …
By David Levitt
8 months ago 1

Photo Sharing on Social Media & Copyright Infringement: What You Need to Know

With new social media platforms and photo sharing apps becoming more and more popular, the risk of copyright infringement through the sharing of photos is more present …
By Amanda G. Ciccatelli
11 months ago 1

Facebook announces three firms will integrate with Rights Manager for automated protection of copyrighted content

Early this October, Facebook announced a partnership with three entities that will be integrated with the Rights Manager suite to offer rights management as a service on …
By Steve Brachmann
1 year ago 0

Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from …
By Lee Burgunder
1 year ago 5

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