Fair Use

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 5/3/2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

Second Circuit Decision Finds Transformative Use Does Not Require Comment

by Alexandra Wald | Cohen & Gresser LLP on 5/2/2013

On April 25, 2013, the Second Circuit issued its decision in Cariou v. Prince, agreeing with the artist Richard Prince and his gallery, Gagosian, that “the law does not require that a secondary use comment on the original...more

The Second Circuit Weighs in on Transformativeness in the Visual Arts

by Christopher Robinson | Davis Wright Tremaine LLP on 5/1/2013

A year after hearing oral argument, the Second Circuit has issued its much anticipated decision in Cariou v. Prince on copyright fair use in the visual arts. ...more

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

by David Kluft | Foley Hoag LLP - Trademark, Copyright &... on 4/30/2013

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

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

by Sheppard Mullin Richter & Hampton LLP on 4/29/2013

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

by Maryanne Stanganelli | BakerHostetler on 4/26/2013

Today, the Second Circuit handed down its much anticipated decision in Cariou v. Prince regarding the legality of appropriation art by artist Richard Prince. Just over two years ago, in federal district court in New...more

Advertising Law - Apr 25, 2013

by Manatt, Phelps & Phillips, LLP on 4/26/2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/22/2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

Video Sharing App Vine Hit with Takedown Notice from Prince [Video]

by LXBN on 4/12/2013

It was only a matter of time. Every social network encounters these headaches, particularly social networks built around video. As the title gives away, video sharing app Vine, owned by Twitter, was issued a DMCA takedown...more

Prince, the DMCA, and Copyright Bullying

by Tim Sitzmann | Winthrop & Weinstine, P.A. on 4/10/2013

Minneapolis’ own hometown hero Prince Rogers Nelson, formerly and currently known simply as “Prince,” has been in the news quite often in 2013. It began with his surprise, limited ticket performances in January, which he...more

Copyright Fair Use Defense Not Available to Aggregator of AP News Clips

by Sam Hudson | Foley Hoag LLP - Trademark, Copyright &... on 4/4/2013

A U.S. federal court has held that the publication by a media monitoring service of excerpts from Associated Press news articles is copyright infringement for which the fair use defense is not available. The Associated Press...more

Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act

by Daniel Zlatnik | Morrison Foerster - Social Media on 4/3/2013

It is well settled that Internet search engines’ reproduction of limited portions of copyrighted materials in order to direct Internet users to locations of original content constitutes “fair use” under the Copyright Act....more

Copyright Alert: Associated Press v. Meltwater

by Jennifer Stanley | Fenwick & West LLP on 4/1/2013

Meltwater News infringed copyrights of the Associated Press (AP), the U.S. District Court for the Southern District in Manhattan held last week, when Meltwater republished excerpts of AP news stories as part of its online...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/28/2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 22, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/22/2013

In This Issue: - UMG Recordings Inc. v. Veoh Networks Inc., USCA Ninth Circuit, March 14, 2013: Ninth Circuit upholds DMCA safe harbor protection from copyright infringement liability for defendant video-sharing...more

AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use

by Elizabeth McNamara, Collin Peng-Sue, Alison Schary, Linda Steinman | Davis Wright Tremaine LLP on 3/22/2013

On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online...more

Creative, But Perhaps Too Creative, Lawyering

by Lindsey Shoshany | BakerHostetler on 3/8/2013

U.S. District Judge Rakoff ruled on whether copying legal filings amounts to copyright infringement. His verdict: it does not. Judge Rakoff granted summary judgment to defendants Lexis and Westlaw, dismissing plaintiffs’...more

by David Hayes | Fenwick & West LLP on 3/6/2013

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet...more

No Escape

by Brent Lorentz | Winthrop & Weinstine, P.A. on 2/22/2013

This post is probably a bit dated for the readers that are on the cutting edge of developments in the film industry. But since that may only be a small subset of our readers, I thought this information was worth...more

Need A Last Minute Valentine’s Day Gift? Be Careful!

by Tiffany Blofield | Winthrop & Weinstine, P.A. on 2/15/2013

Do you need to buy a last minute Valentine’s Day gift? You may be thinking of picking up the best-selling book Fifty Shades of Grey. Be careful – you need to read this post so that you are not confused and buy something else....more

Metaphysics of the Law—Monge v. Maya, News Reporting and Fair Use

by Joseph Larsen | Sedgwick LLP on 2/7/2013

Emerson once said that, through the abstraction of ideals, choice may come without consequence. And so, in many instances, publication of a found photograph by news media will come without consequence. However, in the 2012...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 6, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 2/7/2013

In This Issue: - Lenz v. Universal Music Corporation, USDC N.D. California, January 24, 2013. District court denies parties’ motions for cross summary judgment on plaintiff's claim of misrepresentation under the...more

Music Law Weekly Case Update for Music Industry Executives -- February 1, 2013

by Barry Slotnick | Loeb & Loeb LLP on 2/4/2013

In This Issue: - Morris v. Young, USDC C.D. California, January 28, 2013 District court grants in part and denies in part plaintiff photographer’s motion for summary judgment in copyright infringement action against...more

This Is Our Super Bowl Blog Post. Now Come and Get Us, NFL!

by Ken Basin | Greenberg Glusker Fields Claman & Machtinger... on 2/4/2013

Unless you live here, I’m assuming you’re aware of a little football game taking place this weekend between the San Francisco 49ers and the Baltimore Ravens. (And maybe, just maybe, you might have heard something — but...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 2/1/2013

In This Issue: - Mattel v. MGA Entertainment: Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...more

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IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

Second Circuit Decision Finds Transformative Use Does Not Require Comment

The Second Circuit Weighs in on Transformativeness in the Visual Arts

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

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

Appropriation Art Alive and Well after Second Circuit Ruling in Cariou v. Prince

Advertising Law - Apr 25, 2013

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

Video Sharing App Vine Hit with Takedown Notice from Prince [Video]

Prince, the DMCA, and Copyright Bullying

Copyright Fair Use Defense Not Available to Aggregator of AP News Clips

Southern District of New York Examines Whether News Clipping Service Qualifies as Fair Use Under Copyright Act

Copyright Alert: Associated Press v. Meltwater

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 22, 2013

AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use

Creative, But Perhaps Too Creative, Lawyering

Advanced Copyright Issues on the Internet - Updated March 2013

No Escape

Need A Last Minute Valentine’s Day Gift? Be Careful!

Metaphysics of the Law—Monge v. Maya, News Reporting and Fair Use

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 6, 2013

Music Law Weekly Case Update for Music Industry Executives -- February 1, 2013

This Is Our Super Bowl Blog Post. Now Come and Get Us, NFL!

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2013

Video Sharing App Vine Hit with Takedown Notice from Prince [Video]

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