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Transformativeness Infringement

ArentFox Schiff

Court Body-Slams Wrestler’s Claim That Gears of War Video Game Character Infringed His Publicity Rights

ArentFox Schiff on

Lenwood Hamilton, also known as Hard Rock Hamilton, claimed that Gears of War character Augustus Cole infringed his publicity rights because the video game character had a number of features he felt were identified with him....more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Foley & Lardner LLP

Fair Use Revisited – What’s Transformative?

Foley & Lardner LLP on

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

Foley Hoag LLP - Trademark, Copyright &...

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

BakerHostetler

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

BakerHostetler on

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

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