Posts Tagged: fair use


Capitol Records v. ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine

The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. ReDigi Inc. affirming a previous finding out of the Southern …
By Steve Brachmann
21 days ago 3

Nintendo Files Copyright, Trademark Infringement Suit Against Operator of ROM Websites

Nintendo’s complaint targets the operator of LoveROMS.com and LoveRETRO.co who has made thousands of Nintendo titles available online for free from platforms including the …
By Steve Brachmann
5 months ago 2

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
5 months ago 0

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
6 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
6 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
6 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
8 months ago 3

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
10 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
10 months ago 15

The Commodores Trademark Lawsuit and its Effect on IP in Entertainment

Grammy Award winning funk, soul band The Commodores—whose hit singles include Easy and Brick House—recently won a trademark infringement lawsuit against its ex-bandmate and founding …
By Amanda G. Ciccatelli
11 months ago 0

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

Dr. Phil wins copyright case against former segment director who had alleged false imprisonment

It’s not everyday that a copyright case involves claims of false imprisonment but an order granting summary judgment entered on August 30th in the Eastern District …
By Steve Brachmann
1 year ago 0

The Ninth Circuit Writes the Script on Pleading and Proving Reverse Confusion Claims

The Ninth Circuit clarified the requirements for pleading and establishing a trademark infringement claim under a reverse confusion theory in Marketquest Group v. BIC, Case No. 15-55755 (9…
By Angel Chiang & Eric Ball
1 year ago 0

The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement

A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word …
By Amanda G. Ciccatelli
2 years ago 4

Copyright litigation in 2016 saw rise in textile plaintiffs, decline in file sharing cases

The most active defendants in copyright lawsuits include department store chain Ross Stores, Inc. (NASDAQ:ROST), which was named as a defendant in 276 cases. Following Ross Stores …
By Steve Brachmann
2 years ago 1