Fair Use

News & Analysis as of

The Art of Parodying a Global Mega-Brand

In February 2014, comedian Nathan Fielder orchestrated an ambitious publicity stunt – he crudely poked fun at global mega-brand Starbucks. His elaborate prank could have been a costly one. Fielder treated a long queue of...more

Capturing Tiger Woods at The Masters

My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more

Do I need permission to use images from Google on my website?  [Video]

Phoenix business law firm Jaburg Wilk's Intellectual Property and Internet attorney Maria Crimi Speth discusses whether permission is needed to use photographs from Google on a website. For more information visit...more

Google Books is “Fair Use” of Millions of Books

After years of litigation and uncertainty, the United States District Court for the Southern District of New York ruled that the Google Books project fits within the “fair use” exception to copyright law and cleared Google of...more

Fox News Reports Copyright “Attack on Christians” – The Fair and Balanced Use Defense

Fox news recently reported on a dispute between Gulfport, Mississippi resident Kelly Taylor and her local Walgreens pharmacy. Ms. Taylor, using Walgreens’ online photo service, attempted to print out a few pages of the Bible...more

“Munger Games” Political Copyright Case Fails to Survive Summary Judgment on Fair Use

On February 26, 2014, the Northern District of California issued its opinion in Dhillon v. Does 1-10. Judge Susan Illston held that the use of a political campaign photograph by one’s political enemies is fair use....more

Release of Earnings Call Audio Recording Qualifies As Fair Use News Reporting - The Swatch Group Management Services Ltd. v....

The U.S. Court of Appeals for the Second Circuit has concluded that when a copyrighted work itself is considered to be news, dissemination of that work for public information purposes can be regarded as news reporting and...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

Svensson v. Retriever Sverige AB - European Union Court of Justice, February 13, 2014

Plaintiff journalists wrote articles that were published in a Swedish newspaper and were freely accessible on the newspaper’s website. Defendant Retriever Sverige AB operates a website that provides its users with hyperlinks...more

House Judiciary Subcommittee Considers Copyright Fair Use

In a continuation of the House Judiciary Committee’s extensive review of U.S. Copyright law, the Subcommittee on Courts, IP, and the Internet held “The Scope of Fair Use” hearing on January 28, 2014. ...more

ALRC Recommendations: Copyright Update: Australian Law Reform Commission Recommends Copyright Revolution.

The final report prepared by the Australian Law Reform Commission (ALRC) on its review of the Copyright Act (Act) recommends changes that, if adopted by the Government, would revolutionise Australian copyright law. The...more

A Presidents Day Copyright Story: George Washington And The “First” Fair Use Case

George Washington is responsible for a lot of “firsts.” For example, he was the first President, the first Commander-in-Chief of the Continental Army and the first guy to have the George Washington bridge named after him. But...more

Fleeting Use of Work in Historic Display Is Fair Use - Bouchat v. Baltimore Ravens

In deciding the latest dispute in an ongoing battle over the Baltimore Ravens “Flying B” logo, the U.S. Court of Appeals for the Fourth Circuit upheld a finding of fair use in connection with the display of the logo in videos...more

Distributing Earnings Call Information to the Public Is Fair Use

In Swatch Group Management Services Ltd. v. Bloomberg L.P., the Second Circuit Court of Appeals ruled that the unauthorized distribution of a recording and transcript of a company’s earnings call was allowed as copyright fair...more

Quentin Tarantino’s Lawsuit Against Gawker: Enjoy!

Quentin Tarantino's case could ultimately turn on one little word at the end of Gawker's story...more

Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year,...more

Martin Luther King, Jr. and “Publication” under the 1909 Copyright Act

Last year marked the 50th anniversary of Martin Luther King, Jr.’s “I have a dream” speech, delivered during the March on Washington on August 28, 1963. It also marked the 50th anniversary of the first of many copyright...more

Google Books Is Fair Use and Provides “Significant Public Benefits” - Authors Guild, Inc. v. Google, Inc.

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while also creating a searchable database of books. The Google Books database...more

Copyright myths and legends

You can find almost anything you need on the internet: photographs, illustrations, articles, music. It is all too easy to download, print, and otherwise copy these materials for use in presentations, employee manuals, and in...more

Rhymin’ & Stealin’ & Filin’ Lawsuits

Last month, I wrote about the preemptive lawsuit filed by GoldieBlox, a toy retailer, against the Beastie Boys. GoldieBlox sought declaratory relief that their use of the Beastie Boys’ song “Girls” in a GoldieBlox...more

Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo

The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a...more

US District Court rules in favour of Google in book-scanning dispute

Google has been successful in the latest round of an eight-year copyright dispute with the US Authors Guild in relation to Google’s decision to scan more than 20 million books from libraries and make them available on the...more

Beastie Boys Sue; Law Prof's 'Head Spins' [Video]

Dec. 16 (Bloomberg) -- The Beastie Boys are no strangers to taking other people's music and creating something new. They're also no strangers to being sued for it. It was unusual, however, when someone took their music...more

Advertising Law -- Dec 06, 2013

FTC Settles With Mobile Crammers - In the Federal Trade Commission’s first lawsuit over mobile cramming, Wise Media and two individual defendants agreed to a permanent ban on placing unauthorized charges on telephone...more

You Gotta Fight For Your Right To Fair Use

If you’ve got a Facebook account, the following video has probably made an appearance or two (or twenty) in your status feed last month...more

91 Results
|
View per page
Page: of 4