Copyright Fair Use

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
News & Analysis as of

Is Fox News Proposing a New Standard For Determining Fair Use?

North Jersey Media Group Inc. is the copyright owner of the iconic photograph of three firefighters raising an American flag at the ruins of the World Trade Center on September 11, 2001. ...more

The Basics of Copyright Law: Just Enough Copyright for People Who Are Not Attorneys or Intellectual Property Experts

You have been helping a client set up her consulting business for failing bookstores (Speak Volumes Recovery Group), and she mentions that she has developed a PowerPoint presentation and hand-outs for use in their seminars....more

Cariou v. Prince: A Controversial Redefining of the Distinction between Parody and Satire

The controversy that swirled around the 2013 Cariou v. Prince decision was once again ignited with the Seventh Circuit’s recent decision in Kienitz v. Sconnie Nation LLC – a decision that, fairly or unfairly, took direct...more

Summary Judgment Denied On “Fair Use” Defense In 9/11 Photograph Case

On February 10, 2015, the Southern District of New York denied Fox News’ motion for summary judgment in a copyright lawsuit involving the posting of a copyrighted image on its Facebook page. North Jersey Media Group, Inc. v....more

North Jersey Media Group Inc. v. Fox News Network LLC - USDC, SDNY, February 10, 2015

In copyright infringement action involving allegations that Fox News posted to its Facebook page plaintiff’s 9/11 photograph of firefighters raising American flag near World Trade Center juxtaposed with iconic World War II...more

A Circuit Split or Just a Surface-Blemish: Why Kienitz v. Sconnie Nation LLC Doesn’t Conflict with Cariou v. Prince

Every day, attorneys argue whether appellate court opinions are wrong. But not every day do you get an appellate court criticizing the opinions of a sister court of appeals. ...more

DISH Network Wins Multiple Victories in High-Profile Copyright Infringement Matter

After more than two years of legal battles, a California federal judge found that Analysis Group client DISH Network’s (DISH) innovative Hopper set-top box and DVR does not infringe the copyrights of Fox Broadcasting...more

(You Gotta) Fight for Your Right (to Enforce Your Copyrights!)

The Beastie Boys can look back on 2014 as a year of good copyright outcomes. The preceding years had seen their music used without authorization in two promotional videos, by Goldieblox and Monster Energy, despite the...more

Copyright Alert: Fox v Dish Summary Judgment Rulings

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a...more

Cambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?

Recently the 11th Circuit addressed on appeal the question of whether fair use insulates from copyright liability a University which offers to its students a digital repository of reading material culled from third party...more

Top five shifts in Internet law in 2014

Internet law is always changing. Here’s my impressionistic list of five of the most significant 2014 shifts affecting businesses that operate in the Internet space. David Letterman will be off the air soon, so I won’t follow...more

No Fair Use for Digital Excerpts

Cambridge University Press et al v. Patton et al. - The U.S. Court of Appeals for the 11th Circuit vacated the district court’s decision holding that digital excerpts of books from three academic publishers provided to...more

Cambridge University Press v. Patton: Who Really Won?

Cambridge University Press v. Patton is a recent opinion from the Eleventh Circuit Court of Appeals regarding fair use. In a nutshell, the case involved the nation’s premier text-book publishers Cambridge University Press,...more

Rockin’ Around The ©hristmas Tree

This past weekend, my wife and I were fortunate enough to take in the sights and sounds of NYC. Included on our stops was the world famous Rockefeller Center Christmas tree. The tree was lit on December 3. Despite the...more

Transformative Use in the Seventh Circuit

Kienitz v. Sconnie Nation LLC - The U.S. Court of Appeals for the Seventh Circuit affirmed the district court’s grant of summary judgment based on fair use, but cited different grounds than the district court and...more

Business Law Newsletter - November 2014

In This Issue: - Look Before You Click “Agree”: The Importance of Negotiating Your Company’s Software License Agreements - Fraud in Virginia - Common Myths about Copyright and the Internet - Excerpt from...more

Common Myths about Copyrights and the Internet

Myth: If it’s on the Internet, it’s in the public domain. Mostly False. “Public domain” refers to works which are NOT protected by copyright law. There are only three ways in which something can be considered...more

Court Rules Against Georgia State University in E-Reserves Case

The United States Court of Appeals for the Eleventh Circuit issued a long-awaited decision in the Georgia State e-reserves copyright case on October 17, 2014. The Court of Appeals reversed and remanded to the District Court...more

Another Step in the Long March from Campbell v. Acuff-Rose toward Fair Use Free-for-All?

TVEyes is a media-monitoring subscription service that “records the entire content of television and radio broadcasts and creates a searchable database of that content.” This service allows subscribers to search keywords or...more

Georgia State Academic Fair Use Decision Vacated by 11th Circuit: A (Relatively) Quick Read for the Busy Practitioner

Last Friday, the 11th Circuit Court of Appeals vacated and remanded the Northern District of Georgia’s 350-page fair use analysis of the electronic reserves practices at Georgia State University (“GSU”). Although this...more

“Textbook Dictionary” Definitions Not Fair Use, Says Mass. Federal Court

On September 26, 2014, the District of Massachusetts shot down a plan to develop a “textbook dictionary.” James Richards, inspired in part by the Autobiography of Malcolm X, developed a project to convert the dictionary from...more

CJEU clarifies scope of exception for parody: not just joking around

Under Belgian law, a copyrighted work may be used without the authorisation of the author(s) for the purposes of caricature, parody or pastiche. In the absence of any clear guidance on the interpretation of the concept of...more

Fox News Network, LLC v. TVEyes, Inc. - USDC, S.D.N.Y, September 9, 2014

District court finds that TVEyes’ media-monitoring service that continuously records vast amounts of television and radio content and allows subscribers to search transcripts and video clips of that content constitutes fair...more

Seventh Circuit Criticizes Second Circuit's "Transformative Use" Approach to Fair Use

On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more

7th Circuit Confirms That “Sorry for Partying” Is Fair Use; Questions Transformative Use Test

In 1969, while a student at the University of Wisconsin-Madison, Paul Soglin was arrested at the first Mifflin Street Block Party, a student protest of the Vietnam War. Over forty years later when that same Paul Soglin (now...more

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