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David Kluft

David Kluft

Foley Hoag LLP


Latest Publications

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Admissions of “Appropriation Artist” Not Fatal to Copyright Fair Use Defense

The first prong of the fair use defense in copyright infringement cases, the “purpose and character of the use,” is often described as an inquiry into whether the allegedly infringing work is “transformative.” In other words,...more

4/30/2013 - Copyright Fair Use Infringement Transformativeness

A Far Cry from the Same Injury: Judge Rebuffs Class Action Against Copyright “Settlement Fraud”

Ever since the entertainment industry figured out how to use IP addresses to bring copyright infringement lawsuits against illegal downloaders, defendants and critics have been calling these plaintiffs “trolls”. But...more

3/29/2013 - Class Action Class Certification Copyright Copyright Trolls Infringement USCG

WINTER . . . I MEAN PRINTER . . . IS COMING: Game of Thrones Alleges Copyright Infringement by 3D Printer IPhone Dock

The inner twelve-year old boy in me doesn’t know which is cooler: the throne made entirely from swords for HBO’s Game of Thrones series, or the fact that 3D printer technology can now replicate that throne in my home at the...more

2/22/2013 - Additive Manufacturing Cease and Desist Orders Copyright HBO Infringement Lanham Act

Dissecting Mr. Rockefeller: First Circuit Rejects Copyright Infringement Claim Based on Unoriginal Elements of News Photograph

Clark Rockefeller, aka Christian Karl Gerhartsreiter, lived a double life until his conviction for child abduction in 2009. He was subsequently charged with an unrelated murder in California, and that trial is set to begin...more

1/18/2013 - Copyright Infringement Photographs Rockefeller Substantially Similar

Republican Standing Committee’s Disappearing Copyright Brief Too “Awesome” for Publication

Last Friday, the Republican Standing Committee (“RSC”) published a report by twenty-four year old staffer Derek Khanna, a former Mitt Romney aide and graduate of Georgetown Law School, entitled: “Three Myths about Copyright...more

11/21/2012

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