Topic
Fair Use
510 published works
The IP Law Blog
The Briefing by the IP Law Blog: Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
By Scott Hervey
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the…
Cokato Copyright Attorney: The Law Blog of Thomas James
Photographers’ Rights: Warhol Case Tests the Limits of Transformative Use
By Thomas James
In a previous post, I identified the Second Circuit’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith as one of the three top copyright cases of 2021.…
Art Law Perspectives
Ninth Circuit Reverses Ruling in Copyright Infringement Case Involving Photographs of Picasso’s Artworks
The Ninth Circuit reversed a lower court’s decision in an action seeking recognition of a French money judgment for copyright infringement involving photographs of Pablo Picasso’s artworks. The lower court…
Legal Secrets
Copyright “Fair Use Doctrine” — Explained Plain and Simple MCGUCKEN V. PUB OCEAN LTD. D.C. No. 2:20-cv-01923
Lawyers tend to overlook the simple truth about the four elements "fair use doctrine" under 17 U.S.C. § 107 stretching arguments far beyond common sense. A recent case clearly sets…
The IP Law Blog
The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
By Scott Hervey
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings…
Minding Your Business
Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith
By Sandra Crawshaw-Sparks, David Munkittrick, Anisha Shenai-Khatkhate, Nicole Sockett, Nicole O. Swanson
On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol…
Pay or Play
A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy
The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses…
The IP Law Blog
The Briefing by the IP Law Blog: What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
By Scott Hervey
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications…
SDNY Blog
Judge Swain: Musical Parodying the Misogyny of Grease is “Fair Use”
In an opinion Thursday, Judge Swain granted judgement on the pleadings to the makers of the musical Vape, declaring that under the “fair use” doctrine, Vape does not infringe on the…
Everything IP Under One Digital Roof
Court Finds Tweet To Be Fair Use
Dr. Keith Bell published a book in 1982 entitled Winning Isn’t Normal which provides strategies for success in athletics. He markets the books through online retailers and his own website.…