Topic
Fair Use
511 published works
Anathem Law Blog
YouTube Copyright Abuse
How to defend your content against predatory YouTube copyright abuse. Recently YouTube has run rampant with false or unfair copyright claims on content creator videos. Despite the fact that the…
The IP Breakdown
Clark v Transportation Alternatives Dockless Bikes Answer
By Rick Sanders
FAIR USE! Read the opinion here. Read the set-up here. Factor by factor, the court reasoned: Transportation Alternatives’ use of the photograph was transformative, even though the purpose was to…
The IP Breakdown
Is It Fair Use? Dockless Bike Edition
By Rick Sanders
What Happens When the Way Your Licensee Used Your Work Comes in for Criticism? On August 6, 2018, the New York Post published this article, “Dockless Bikes Are Already Clogging…
Intellectual Property News.com
Star Trek and Dr. Seuss Mashup Ruled Copyright Fair Use
IPNews® - The copyright infringement case involving the Star Trek and Dr. Seuss mashup Oh, the Places You’ll Boldly Go! has come to a conclusion on summary judgment. Last year…
The IP Law Blog
Dr. Seuss and Fair Use, What 20+ Years Will Do!
By Scott Hervey
Over twenty years ago, the Ninth Circuit decided the case of Dr. Seuss Enterprises., LP v. Penguin Books USA, Inc. That case involved a copyright infringement lawsuit brought by Dr. Seuss…
DuetsBlog
Rivian’s F-150 Masquerade: Fair Use or Trade Dress Infringement?
By Kyle Kroll
A little over one year ago, I blogged about Tesla's Roadster being launched into outer space, asking who owns the right to the "Spaceman" rider's mark? Today I post a…
Incontestable Blog
The Copyright “Meme” Game: Can an Internet Meme Containing a Copyrighted Work Be Considered Infringing?
The abundant use of memes in social media raises many legal issues, including copyright infringement and fair use, that are now beginning to be addressed. Philpot v. AlterNet Media Inc.,…
New Media and Technology Law Blog
Fair Use in Flux: Second Circuit TVEyes Ruling May Have a Lasting Effect on Fair Use Analysis
Fair use can be one of the most difficult issues that copyright lawyers have to address due to decades of varying court rulings applying the multi-factor balancing test, particularly in…
Best Trademark Blog
Stop Using My Mark, Said Dr. Seuss. Not So Fast, Said the Court – it is a Fair Use
As soon as Halloween passes, it seems, Dr. Seuss’ Grinch starts to appear, trying to steal Christmas. There’s the classic TV cartoon version, the movie version starring Jim Carrey, the…
Pay or Play
Fox News Takes a Swing at TVEyes
By Jody Simon
The battle of the briefs continued as Fox News urged the Supreme Court to take a pass on a petition for certiorari from TVEyes in a copyright case that has…