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Fair Use

14 posts
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CCourt Decisions

It’s the End of Google v. Oracle (And I Think I Feel Fine)

  • byAaron Moss
The Supreme Court's long-awaited decision finds that Google's copying of Oracle's Java API was fair use. Should creators of more traditional content be concerned?
The Second Circuit held that Andy Warhol's "Prince Series" did not make fair use of photography Lynn Goldsmith's photo of Prince
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CCourt Decisions

Warhol’s “Prince Series” Isn’t Fair Use, But What Is?

  • byAaron Moss
In a retreat from its Cariou decision, the Second Circuit finds that Andy Warhol's use of a Lynn Goldsmith photo of the pop icon Prince isn't transformative. But lots of questions remain.
Jack Lerner and his law students read every fair use case from the past two years so you don't have to. Here are some of the highlights.
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QQ&A

Q&A: A Fair Use Deep Dive with Professor Jack Lerner

  • byAaron Moss
Copyright professor Jack Lerner and his law students read every fair use case from the past two years so you don't have to. Here are some of the highlights.
With Dr. Seuss Enterprises deciding to no longer publish six books containing racially insensitive content, would it be fair use for others to do so?
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WWhat's the Deal?

Is it Fair Use to Reproduce Out-of-Print Seuss?

  • byAaron Moss
With Dr. Seuss Enterprises deciding to no longer publish six books containing racially insensitive content, would it be fair use for others to do so?
In a new case, photographer Jeff Sedlik claims that celebrity tattoo artist Kat Von D infringed his copyright in an iconic photo of Miles Davis by tattooing the same image onto a client's body.
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LLegal Filings

Kat Von D Sued for Copyright Infringement over Miles Davis Tattoo

  • byAaron Moss
In a new case, a photographer claims that celebrity tattoo artist Kat Von D infringed his copyright in a iconic photo of Miles Davis by tattooing the same image onto a client's body.
The Ninth Circuit has rejected a fair use defense for the Dr. Seuss/Star Trek mashup "Oh, the Places You Will Boldly Go," finding that the work is not a parody and not otherwise transformative under the Copyright Act
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CCourt Decisions

No Fair Use Defense for Dr. Seuss/Star Trek Mashup

  • byAaron Moss
The Ninth Circuit's fair use ruling is an early Christmas present for copyright owners and a lump of coal for creators of unauthorized mash-ups that don't ridicule the original works.
Donald Trump has filed a motion to dismiss in a copyright infringement lawsuit filed by Musician Eddy Grant, claiming that the use of "Electric Avenue" in a campaign ad qualifies as fair use.
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LLegal Filings

Why Trump Will Lose (on Copyright Fair Use)

  • byAaron Moss
Donald Trump argues that a campaign ad featuring the Eddy Grant song "Electric Avenue" is protected by fair use. Here's why he's wrong.
A copyright Infringement lawsuit by Randy Orton's tattoo artist against Take-Two Interactive and WWE is sent to trial
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CCourt Decisions

Tattoo Feud: Artist’s Copyright Case (Inexplicably) Sent to Trial

  • byAaron Moss
In a decision with frightening implications, a court in Illinois holds that a jury will decide whether Randy Orton's tattoo artist can control the use of the wrestler’s image in video games.
Copyright Infringement for Reposting on Social Media
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CCourt Decisions

Social Media Reposting and the “De Minimis Defense”

  • byAaron Moss
Fashion designer Elie Tahari was found liable for copyright infringement after reposting a street style photo of one of its outfits on social media. It's a common practice, but that doesn't necessarily mean it's legal.
Nicki Minaj prevails on fair use claim against Tracy Chapman on summary judgment
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CCourt Decisions

Nicki Minaj’s Creation of New Recording Based on Tracy Chapman Song Deemed Fair Use

  • byAaron Moss
After finding a triable issue of fact on whether Nicki Minaj was responsible for leaking "Sorry" to a New York DJ, the court holds that Minaj's initial creation of her derivative song did not infringe Tracy Chapman's copyright in "Baby Can I Hold You."
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