Topic
Fair Use
511 published works
New Jersey Law Blog
Drake Wins Big With Fair Use
By Gene Markin
Drake scored a big win as the Second Circuit affirmed his use of another work in one of his songs as “fair use.” Estate of Smith v. Graham, 799 F.…
Media Law Prof Blog
Smith on Political Fair Use @CathaySmith
Cathay Smith, University of Montana School of Law, is publishing Political Fair Use in volume 62 of the William & Mary Law Review (2020). Here is the abstract.During election season,…
Michael Geist
The LawBytes Podcast, Episode 52: Fair Dealing for Film Makers – Bob Tarantino on the Copyright Implications of the Room Full of Spoons Case
Dubbed by some as the worst film ever made, The Room has become a cult-like film classic. Written, directed, produced and starring Tommy Wiseau, the movie was the subject of…
Los Angeles Intellectual Property Trademark Attorney Blog
Using Copyright Law to Silence Alleged Abuse Victim? Fair Use Defense?
Attorney Slade Neighbors filed a copyright infringement lawsuit against his former girlfriend Veronica Monger for posting his text messages and emails on her blog website. Monger’s website claims that the…
IP Intelligence
All’s Fair in Love and War . . . So What About Fair Use in the Time of Coronavirus?
In response to the COVID-19 pandemic, schools, colleges, universities, libraries and other institutions have closed and migrated their in-person classes and other offerings to an online model. But with the…
The Trademark Blog
Copyright Fair Use
Second Circuit Fox News Network, LLC v. TVEyes, Inc., No. 15-3885 (2d Cir. 2018) Justia: Fox filed suit against TVEyes for copyright infringement after TVEyes, a media company that continuously…
Incontestable Blog
Shot on iPhone: Media Group Found to Infringe “Simple Picture,” Court Rejects Fair Use Defense
In copyright law, the fair use doctrine limits the control authors have over their copyrighted works by providing that others may use the copyrighted work in a reasonable manner without…
The Trademark Blog
Facenda v NFL Films, 542 F.3d 1007 (3rd Cir 2008)
Application of Rogers v Grimaldi Test Application of 'inextricable intertwined' test link to 3rd circuit decision Link ot Rebecca Tushnet on Facenda v NFL Films [embeddoc url="https://martinschwimmer.lexblogplatformfour.com/wp-content/uploads/sites/833/2020/04/Facenda-v-NFL-Films-Inc1-1.pdf" download="all"]
IP Intelligence
7th Circuit Upholds Trademark ‘Fair Use’ Doctrine
By John Mueller
In an August 2019 decision, the 7th U.S. Circuit Court of Appeals upheld the earlier finding by the Northern District of Illinois of summary judgment that PepsiCo’s Gatorade division’s use…
IP Update
Ninth Circuit Gleefully Rejects Copyright Claims against California High School
By Sarah Bro
Affirming a district court’s summary judgment in favor of various defendants, including the vocal music director and parent volunteers at Burbank High School (whose competitive show choirs reportedly inspired the…