Topic
Fair Use
510 published works
The IP Law Blog
The Briefing: Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis
By Scott Hervey
https://youtu.be/eET9vIjFUyM Unraveling the threads of Fair Use and how recent legal rulings threaten documentary filmmakers. Join Scott Hervey and Jamie Lincenberg as they dissect the Tenth Circuit’s Impact on filmmaking…
SDNY Blog
Judge Koeltl: Producing Documentary Does Not “Forgive All Copying” as Fair Use
In an opinion last week, Judge Koeltl denied a motion to dismiss brought by NBC and Peacock, which are accused of infringing the plaintiff’s copyright to two videos in connection…
All About Advertising Law
Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website’s Use of Free of Charge Photo
By Linda J. Zirkelbach, Parker Zimmerman
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that…
Close-Ups
Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website’s Use of Free of Charge Photo
By Linda J. Zirkelbach, Parker Zimmerman
On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that…
Legal Profession Blog
Hearting The Nuge
The United States Court of Appeals for the Fourth Circuit reversed the grant of summary judgment to a defendant who had used plaintiff's photo of Ted Nugent and granted summary…
The IP Law Blog
Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
By Scott Hervey
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A…
Minding Your Business
The “State of the Arts” after <em>Andy Warhol Foundation v. Goldsmith</em>
By Nicole O. Swanson, David Munkittrick
It has been eight months since the Supreme Court’s landmark copyright fair use decision in Andy Warhol Foundation for the Visual Art, Inc. v. Goldsmith. Much has been written on the…
The Trademark Blog
SDNY: Global Brand v Rae Dunn Design (XOXO) – Fair use could not be determined at 12b6 stage
SDNY: For purposes of a MtD, Defendant's affirmative defenses (e.g. fair use) must be evident from the face of the complaint. Here, while defendant's own mark prominently appeared alongside plaintiff's…
Cokato Copyright Attorney: The Law Blog of Thomas James
Top IP Developments of 2023
By Thomas James
2023 was a big year for U.S. intellectual property law. Major developments occurred in every area. Here are the highlights. Copyright Fair Use Andy Warhol Foundation for the Visual Arts,…
The IP Law Blog
Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023
Weintraub Tobin’s Intellectual Property podcast, The Briefing, published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we…