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Fair Use

9 posts
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."
Tracy Chapman and Nicki Minaj
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LLegal Filings

Sorry Not Sorry? Tracy Chapman, Nicki Minaj and a Short Lesson on Intermediate Copying

  • byAaron Moss
Is the creation of an interpolated demo recording fair use or garden-variety infringement? That's one of the questions the court will need to tackle in connection with Tracy Chapman's ongoing copyright infringement lawsuit against Nicki Minaj.
law law land
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LLaw Law Land

To Be Judged Not By the Color of Their Skin, But By the Content of Their Legal Briefs

  • byAaron Moss
I have a dream that my four little children will one day live in a nation where they…
law law land
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LLaw Law Land

On the Art of the Demand Letter

  • byAaron Moss
Ah, the cease and desist letter. There is no more trusty weapon in the arsenal of an entertainment…
law law land
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LLaw Law Land

Clearance Is Sexy Too

  • byAaron Moss
Is it just me, or has there been a larger-than-usual number of right of publicity complaints filed lately…
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