Transformativeness

News & Analysis as of

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

Publicity rights vs. the First Amendment

The right of publicity continues to emerge as a significant intellectual property right of which businesses must be aware—not only in the context of advertising and marketing, but in the context of a company’s product itself....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 21, 2013

The Authors Guild Inc. v. Google Inc., USDC, S.D. New York, November 14, 2013 - District court grants Google’s summary judgment motion, holding that Google’s scanning and indexing of copyrighted books for its Google...more

Google Wins Summary Judgment in Books Case - Full Copying to Make Search Snippets Available to End-Users Held Fair Use

Round one of the long-fought Google Books case has ended in a summary judgment victory for defendant Google. The Federal District Court for the Southern District of New York held yesterday that Google’s copying, use,...more

Green Day Leaves Street Artists Screaming

Gone are the days where live music performances consist solely of flashing lights, backup dancers and pyrotechnics. Today’s artists utilize massive video screens to coordinate descriptive images with their music. The...more

Fair Use Revisited – What’s Transformative?

Last month, photographer Peter Cariou petitioned the Supreme Court to overturn the Second Circuit ruling in Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013), a copyright infringement case, in which the Second Circuit held that...more

Advertising Law - Aug 29, 2013

Facebook Changes Its Promotion Guidelines - Sponsors can rejoice. Effective August 27, 2013, Facebook no longer requires that sweepstakes and contests be conducted on third party apps. By dispensing the apps...more

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

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

Leggo My Likeness, Part Four

There are so many fun things you can do with celebrities. In addition to the traditional things like writing books about them, you can also use their catchphrases to make greeting cards; make movies about them using puppets;...more

Electronic Arts Takes One In The Kisser

For some time now, Electronic Arts–purveyor of sports video games–has been embroiled in disputes relating to using the likenesses of former college athletes without providing them appropriate remuneration. There has been the...more

Athletes’ Rights of Publicity Trump First Amendment in Video Game Context

In a recent 62-page decision by the Third Circuit, obviously intended to give guidance in an unclear area of the law, the rights of publicity of a college athlete in a video game trumped the First Amendment arguments of the...more

Advertising Law -- May 16, 2013

In This Issue: Linda Goldstein to Provide Insight on FTC’s Dot Com Dislosure Guidance at Upcoming Bloomberg BNA Webinar; “All Natural” False Ad Suits Continue, Stalled; Wake Up! FDA Considers Caffeinated Foods;...more

Second Circuit Decision Finds Transformative Use Does Not Require Comment

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

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

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...

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

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

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

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

Rights of Publicity: Contradictions in the Courts

The legal controversies over athletes' rights-of-publicity rage on. Two pending appellate decisions offer some hope that a rational conclusion might be in sight. The head of Manatt's Sports Law Practice Group, Ron Katz, had...more

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