Posts Tagged: fair use


Will the Supreme Court Provide the Fair Use Clarity that IP Law Needs?

On July 30, IP Watchdog Editor-in-Chief Eileen McDermott reported that, as part of its series on a 1990s copyright modernization bill known as the Digital Millennium Copyright Act, …
By Terry Campo
1 year ago 0

What’s Fair? Senate IP Subcommittee Contemplates Problems with Copyright Fair Use Regime

The Senate Judiciary Committee’s Subcommittee on Intellectual Property on Tuesday continued its year-long series of hearings on the Digital Millennium Copyright Act (DMCA), this time focusing …
By Eileen McDermott
1 year ago 7

Illegal Circulation of E-Newspapers Online and Through Messaging Apps: Implications for Copyright and Contractual Violations

On March 25, 2020, the Indian government declared lockdown throughout the country, and we could not have anticipated the number of issues across all sectors that would surface in …

From TikTok to Instagram: How to Legally Live Stream

Every day, DJs, athletes, entertainers and influencers broadcast live on Instagram, YouTube and other similar channels. Whether you are a professional entertainer or just connecting with friends …

Oracle Files Opening Brief at U.S. Supreme Court in Copyright Fight with Google

In the latest stage of the Supreme Court battle between Oracle America, Inc. (Oracle) and Google, Oracle filed its opening brief with the Court on February 12. Google’…
By Nancy Braman
2 years ago 1

Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content

Google v. Oracle America, a case pending before the United States Supreme Court, is a seemingly never-ending battle, since 2010, between two Silicon Valley behemoths. But now that …
By Sue Ghosh Stricklett
2 years ago 22

What Baby Yoda and T-Mobile’s Magenta Mark Can Teach Us About When to Enforce IP Rights

Deciding whether or not to enforce one’s intellectual property rights is a significant decision for any business (or individual). Litigation in general tends to be an …
By Theodore Chiacchio
2 years ago 1

High Court This Time Grants Google’s Petition on Copyright for Software Interfaces

The Supreme Court has agreed to hear Google’s petition for a writ of certiorari in its long-running case with Oracle. The High Court will decide: 1. Whether …
By IPWatchdog
2 years ago 1

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
2 years 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
2 years 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 years 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
2 years 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
2 years 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
3 years 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
3 years ago 4