Posts Tagged: fair use


The Changing Landscape of Copyrights Part II: The Warhol Case Continues Trend in Favor of Fair Use

In my previous post, I explored how times have changed for photographers who once appeared to have the upper hand in copyright infringement disputes with appropriation artists …
By Lee Burgunder
4 days ago 1

The Changing Landscape of Copyrights: Hope Shifts from Photographers to Users

Copyrights protect original works of authorship fixed in a tangible medium of expression. When photographers take pictures of individuals, there are substantial questions regarding the elements that …
By Lee Burgunder
6 days ago 3

Seventh Circuit Finds Gatorade’s Use of ‘Sports Fuel’ in Its Slogan Constitutes Fair Use

The United States Court of Appeals for the Seventh Circuit last week ruled that well-known sports drink maker Gatorade's use of the slogan, ““Gatorade The Sports Fuel …
By IPWatchdog
2 months ago 2

CJEU Backs Kraftwerk in Music Sampling Copyright Case

The Court of Justice of the European Union (CJEU) has ruled that a phonogram producer can prevent another person from taking a sample, even if it is …
By James Nurton
3 months ago 1

Not Here to Start Trouble: Court Rules Documentary’s Use of Super Bowl Shuffle Was Fair Use

The Eighties are in! A contagious wave of nostalgia has infected popular culture with period TV series, from shows like Stranger Things to rebirths and reboots of …
By John Cannan
4 months ago 0

INTA Annual Meeting Highlights: Gen Z, Fan Fiction, and AI

Much has been made in the last week or two of the International Trademark Association’s (INTA’s) study, Gen Z Insights: Brands and Counterfeit Products, which …
By IPWatchdog
5 months ago 0

Other Barks & Bites for Friday, March 15: Final Notice on USPTO MTA Practice, Boalick Appointed Chief PTAB Judge, and More

This week in Other Barks & Bites: the U.S. Patent and Trademark Office promotes Scott Boalick to Chief Judge of the Patent Trial and Appeal Board (PTAB); …
By IPWatchdog
7 months ago 4

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
10 months 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
1 year 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
1 year 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
1 year 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
1 year 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
1 year 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
1 year 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
2 years ago 0