Fair Use

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Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of...

On June 10, 2014, the United States Court of Appeals for the Second Circuit issued its decision in Authors Guild, Inc. v. HathiTrust, No. 12-4547, 2014 U.S. App. Lexis 10803 (2d Cir. Jun. 10, 2014), a case in which a group of...more

Authors Guild, Inc. v. HathiTrust

Authors Guild, Inc. v. HathiTrust - USCA, Second Circuit, June 10, 2014: Second Circuit rules that doctrine of “fair use” allows consortium of university libraries to create full-text searchable database of copyrighted...more

Second Circuit Confirms HathiTrust Digital Library's Full-Text Search Constitutes Fair Use in Copyright Case

Last week, the Second Circuit issued its decision in the closely watched Authors Guild, Inc. et al. v. HathiTrust et al. copyright infringement case. At issue was whether the use of copyrighted material in the HathiTrust...more

Second Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

On June 10, 2014, the Second Circuit issued its decision in Authors Guild v. HathiTrust, a copyright case involving mass digitization of university library collections. The case centered on whether three actions would be...more

Second Circuit Hints At Possible Google Books Outcome In Finding HathiTrust Digital Library Project Protected As Fair Use

Earlier this week, the Second Circuit issued its ruling in the HathiTrust case, a potential precursor to the long-awaited resolution of the more prominent, and related, Google Books case. The decision upholds the district...more

Second Circuit Finds Fair Use Doctrine Protects Digital Book Scanning from Copyright Infringement

On June 10, 2014, the U.S. Court of Appeals for the Second Circuit issued a notable opinion on the contours of the copyright law's fair use doctrine in the digital era. (Authors Guild, Inc. v. HathiTrust, No. 12-4547-cv, 2014...more

Second Circuit Finds That, Once Again, Book Scanning Is Fair Use

The Second Circuit Court of Appeals has delivered a resounding reaffirmation of fair use principles in the latest decision to go against the Authors Guild in its longstanding battle against book digitization. The unanimous...more

Copyright Holders Cannot Prevent Links to Freely-Available Content from Being Posted Online

The Svensson case is a landmark decision by the European Court of Justice ("ECJ") that enshrines the right to create clickable links towards copyrighted content which is freely available on the internet. The ECJ ruled that...more

Appropriation Art As Fair Use Under The Copyright Act

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

Copyrights, Fair Use And Elections

The mid-terms are coming up, so you know there will be stories of politicians getting into clashes with artists over the use of songs and other content in ads and at rallies. In Texas, for better or worse, the real...more

Fair Use of GM’s Corvette Stingray?

While filling up my gas tank at our local Costco last week I coudn’t resist capturing this photo of pump signage to ask our dear readers a few pointed questions...more

Court Dismisses Tarantino’s Copyright Claim Over Hyperlink To Leaked Script; Grants Leave to Amend But Notes That Fair Use...

We recently reported on director Quentin Tarantino’s copyright lawsuit against Gawker Media over his leaked script for the film The Hateful Eight. The suit alleged that Gawker Media, by encouraging its readers to leak the...more

The Google Books Case – Here’s the Skinny

I’m sure many of us have fond memories of the venerable library card catalog: the musty smell, the tiny wooden drawers and their endless deck of equally tiny, yellowed cards on which someone laboriously typed the Dewey...more

Tarantino’s “Hateful” Revenge: Director Pursues Copyright Claim Over Hyperlink To Leaked Script

Quentin Tarantino probably wasn’t offended when the Hollywood gossip website Defamer, owned by Gawker Media LLC, compared him to a petulant child and accused him of throwing a “temper tantrum.” After all, the colorful...more

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

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