Fair Use Copyright

News & Analysis as of

Nominative Fair Use, as Illustrated by Colorful Balls

If you watch any amount of T.V. or happened to catch either of the AFC or NFC Championship games last weekend, you’ve probably seen one of the recent cell phone carrier ball commercials....more

The “Poo” People Use: Who Owns Emojis

Emojis – those cute images you may find in a keyboard on your Android or iPhone device – have changed the way many people communicate thoughts, ideas, feelings and concepts. They can add a certain level of pizzazz to an...more

Using “Borrowed” Images in Your Blog

An engaging image, be it a photograph, line art or other graphic, can capture the reader’s attention and drive interest in an online post. Bloggers, especially, are well aware of the attention grabbing benefits of a great...more

Judge Leval Illuminates Google Books Fair Use Issues Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case

Based on the defense of fair use, the Second Circuit affirmed summary judgment for Google in the decade-long copyright battle between an authors group and the Internet search giant. The lawsuit concerned Google’s right to...more

“Borrowing” Images for Presentations: Fair Use or Copyright Infringement?

Everyone loves a good joke, which is why presenters try to liven up an otherwise dull subject matter with stock cartoons, movie footage or other humorous material. This is particularly helpful after lunch breaks and, with...more

Rights of Visual Artists

The Visual Artists Rights Act (VARA) is part of the U.S. Copyright Law and is found at 17 U.S.C. §106(A). This law went into effect in 1990 and grants certain rights to visual artists. It is akin to moral rights laws which...more

Intellectual Property Bulletin - Fall 2015

Judge Leval Illuminates Google Books Fair Use Issues - Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case - Based on the defense of fair use, the Second Circuit affirmed summary judgment...more

Fair Use’s Jedi Knight

This isn’t necessarily new news, but I thought it deserved a post regardless. Back in late November, Google announced a new policy of pushing back against copyright holders issuing DMCA takedown notices regarding videos...more

Transformative Parody Entitled to Independent Copyright Protections - Keeling v. Hars

The U.S. Court of Appeals for the Second Circuit affirmed a district court in a rare instance where a playwright’s derivative work—a parody—fell within the fair use doctrine and acquired sufficient originality to warrant...more

When Copying is Not Copyright Infringement

A longstanding battle between Google and the authors of published books has been resolved (at least for now) in favor of Google. The Second Circuit Court of Appeals has held that Google’s use of copyrighted books in its...more

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital...more

YouTube to Take a Stand for Fair Use

As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital...more

Google Books and Fair Use: From Implausible to Inevitable?

A for-profit corporation scans millions of in-copyright books and permanently stores their full contents in its database, all without seeking permission or paying the books’ authors or publishers. Over ten years ago, when...more

Google’s Effort to Digitize Millions of Books is Fair Use

In a recent decision handed down by the United States Court of Appeals for the Second Circuit, the court found that Google’s scanning of copyrighted books as part of its Library Project amounted to “fair use” and did not...more

Unflattering Photo—A Blogger’s Paradise? - Raanan Katz v. Irina Chevaldina

The U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s grant of summary judgment in favor of defendant based on an assertion of fair use of an unflattering, candid headshot photograph of plaintiff....more

Advertising Law - November 2015

Fantasy Sports Has a New Teammate: Nevada Gaming Commission - Nevada's Gaming Control Board announced that fantasy sports will be regulated like other forms of gambling, and ordered operators to halt operation in the...more

The Second Circuit Turns the Page on Plaintiffs’ Google Books Copyright Suit

Another important copyright decision is in—this time from the Second Circuit Court of Appeals in Authors Guild v. Google, Inc. Plaintiffs—authors of copyright protected books—brought an action for infringement against Google,...more

Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notification - Lenz v. Universal Music Corp. et al.

The U.S. Court of Appeals for the Ninth Circuit ruled that copyright holders must consider the fair-use doctrine prior to issuing a takedown notification under the Digital Millennium Copyright Act (DMCA). Lenz v. Universal...more

Keeling v. Hars - USCA, Second Circuit, October 30, 2015

Second Circuit affirms denial of summary judgment on defendant’s counterclaim seeking declaration that plaintiff’s theatrical script parodying 1991 motion picture “Point Break” was not entitled to copyright...more

Parody Writers Take Note: Fair Use Parody + New Elements = Copyright Protection

On October 30, 2015 the Second Circuit held that an unauthorized parody that makes “fair use” of its source material is eligible for copyright protection and that copyright protection may extend to a work that exhibits the...more

Court Provides Fair Use Guidance On YouTuber’s Use of Viral Video

This copyright case pitted two big YouTube content brands against each other over issues of fair use. On one side is Equals Three, LLC, a YouTube content studio and channel created and owned by Ray William Johnson, an early...more

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

The Final Chapter: Resolution of the Google Books Litigation

On Oct. 16, 2015, the 2nd Circuit issued an opinion that has finally closed the chapter on the Google Books saga. In Authors Guild, Inc. v. Google, Inc., the court held that the Google Books project is fair use rather than a...more

The Authors Guild v. Google, Inc. USCA Second Circuit, October 16, 2015

Second Circuit affirms district court's holding that Google's creation of searchable, digital copies of tens of millions of books constitutes fair use under Copyright Act, because Google's search service merely provides...more

Equals Three, LLC v. Jukin Media, Inc. - USDC, C.D. California, October 13, 2015

In copyright infringement action involving unlicensed use of humorous “viral videos,” district court denies copyright owner’s motion for partial summary judgment, concluding that all but one of allegedly infringing programs...more

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