Topic
Fair Use
511 published works
The Brand Protection Blog
GIVE ME ONE REASON (Why I Should Settle this Copyright Infringement Dispute)
Sampling is a popular form of music borrowing, and it is common practice for artists to experiment and create derivative works of an existing song before obtaining a license from…
Faruki Blog
Oh, the Lawsuits You'll Boldly File! The Ninth Circuit Says Fair Use Still an Affirmative Defense
By mschuettficlaw-com-melissa-l-watt
The Ninth Circuit recently examined a mashup that infuses themes and characters from the popular television series Star Trek into Dr. Seuss works, namely "Oh, the Places You'll Go!" The…
Law Trends
Ninth Circuit Rejects Fair Use Defense in Seuss/Star Trek “Mash-Up” Case; Netflix Settles Sherlock Holmes Case
By Bob Cumbow
Big doings in copyright law the week before Christmas! The Congressional approval of a new federal statute providing low-cost, accelerated adjudication of low-value copyright disputes and criminalizing infringing streaming activities…
Copyright and Brand IQ
Gratitude and Copyright
By L Fishman
[caption id="attachment_2119" align="alignright" width="320"] Gratitude for artists of all kinds. Museum of Modern Art Sculpture Garden[/caption] In a season where expressing gratitude is taking flight, I’m going on record with…
Retail & Consumer Products Law Observer
Ninth Circuit Provides Holiday Win to Copyright Owners with Fair Use Decision
By Preetha Chakrabarti, Suzanne Giammalva
On December 18, 2020, the Ninth Circuit Court of Appeals held that “Oh, the Places You’ll Boldly Go!,” a Dr. Seuss and Star Trek mashup illustrated book, is not a…
Incontestable Blog
The Copyright Office Will Not Weigh in on Philadelphia Phillies’ Copyright Dispute
This article provides an update on the Philadelphia Phillies’ copyright battle with the design firm Harrison/Erickson Inc., which created the Phillie Phanatic mascot. An article discussing the details of the…
HHR Art Law
Defendant Prevails on “Fair Use” of Embedded Instagram Post
On November 2, 2020, Judge Allyne Ross of the Eastern District of New York dismissed copyright claims brought by Danish photographer Michael Barrett Boesen against a sports website for its…
The IP Breakdown
Oracle v Google: An Opinionated Primer
By Rick Sanders
The U.S. Supreme Court will hold oral argument in Oracle v. Google on October 7. It’s supposed to be one of the most important copyright cases in decades. Not only will…
Law Trends
Ninth Circuit Reaffirms Copyright Estoppel Doctrine
By Bob Cumbow
Jersey Boys, the hit musical based on the meteoric career of the rock group The Four Seasons, was the target of a lawsuit brought in 2007 by Donna Corbello, widow…
The Traklight Blog
Star Trek Comic Con Panel Taken Offline For Copyright Protection Glitch
By Mike Willee
We've placed an awful lot of faith in technology to fix problems and generally bail us out of issues we've created for ourselves as a species, from the biggest existential…