News & Analysis as of

Fair Use

MBHB Snippets: A review of developments in Intellectual Property Law - Volume 16, Issue 1

Fair Use and Social Media Sites like BuzzFeed - Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has...more

Musical Artists Having A “Party and Bulls***” After Copyright Infringement Suit Dismissed

by Dorsey & Whitney LLP on

Several musical artists, producers, publishers and songwriters, including the estate of the Notorious B.I.G and Rita Ora, are celebrating after a U.S. District judge for the Southern District of New York dismissed a copyright...more

Can embedding a tweet make you a copyright infringer?

by Thompson Coburn LLP on

Is it illegal to use an embedded link that causes an image on another website to appear on your site? Well, it depends on the court. A federal judge in New York recently held that online publishers who embed tweets that...more

Notorious B.I.G Estate Evades Copyright Lawsuit

by Robins Kaplan LLP on

The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

“Party and Bull****” Copyright Plaintiff Serves Up Fair Use Defense With Political Critique

Here’s a tip for copyright owners. Your infringement complaint is not a good place to make political distinctions between the purpose of your work and that of the defendant’s. See that buzz saw you are walking into? It’s...more

Fair Use and Social Media Sites like BuzzFeed

Fair use, an evolving doctrine and a very popular fallback for those on the Internet, has continued to be “the most troublesome in the whole law of copyright.” Its goal has been to promote freedom of expression in order to...more

TVEyes Inc. Crosses the Boundary of Fair Use Defense in Copyright Infringement Case Against Fox News Network, LLC

by Bracewell LLP on

Plaintiff Fox News Network, LLC (“Fox”) brought a copyright infringement action against Defendant TVEyes, Inc. (“TVEyes”) for the copying and redistribution of Fox’s copyrighted content to consumers. On appeal, the United...more

All Eyes on Fair Use: The Second Circuit Delivers a Victory for Copyright Owners

In U.S. copyright law circles, one of the hottest topics of debate is the degree to which the fair use doctrine—which allows for certain unauthorized uses of copyrighted works—should protect companies building commercial...more

Second Circuit Rejects Fair Use Defense in TVEyes, Finds Online Service Liable for Direct Copyright Infringement

On February 27, 2018, in Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the U.S. Court of Appeals for the Second Circuit held that certain functions of TVEyes, a TV database service, do not qualify...more

Fox News v. TVEyes: Implementing Internal Policies to More Likely Remain Within the Realm of Fair Use

by Cozen O'Connor on

This week’s Second Circuit decision in Fox News Network, LLC, v. TVEyes, Inc. (No. 15-3885(L)) has muddled the already challenging doctrine of fair use in copyright infringement lawsuits, particularly in the context of...more

Tveyes Penalized For “Clipping”: Second Circuit Finds No “Fair Use” And Orders Broad Injunction

by Fox Rothschild LLP on

In a closely watched copyright lawsuit, the Second Circuit reversed the District Court’s finding of “fair use” and upheld Fox News’ claim that the TVEyes service infringed its copyrights. This decision has broad implications...more

Second Circuit Holds News Video Clip Search Engine Is Not Fair Use

by Snell & Wilmer on

The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such...more

2017 In Review – Trademarks, Copyrights and Patents

Trademark Law - Let Them Register Offensive Trademarks! - In June of 2017, in Matal v. Tam, the Supreme Court held that the disparagement clause of the federal Lanham Act violates the Free Speech Clause of the First...more

Embedded Tweets Violate Exclusive Display Right, Setting Up Possible Showdown at SCOTUS, and Cause Uncertainty for Website...

by Wilson Elser on

Finding that drafters of the Copyright Act amendments in 1976 foreshadowed the technological advances that were coming, on February 15, 2018, U.S. District Judge Katherine B. Forrest rejected defendants’ motion for partial...more

Federal Judge Rules Embedded Tweet Violated Copyright

In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their...more

President Ford Ascends Copyright Mount Rushmore

On past Presidents’ Days, we have discussed the critical roles in the development of U.S. copyright law played by Abraham Lincoln (who extended copyright protection to photographs) and George Washington (whose correspondence...more

Legitimate Super Bowl Ambush Marketing

Not all ambush marketing is created equal. Some can cross the line and create a likelihood of confusion as to sponsorship. Some falsely advertises. But, some is totally fair use and lawful....more

Green Bay Packers Enforce “Titletown” Mark Against High School Football News Series

Tis’ the season for football, not just on the gridiron, but also at the U.S. Patent and Trademark Office. Shortly after the “Minneapolis Miracle,” as we reported this week, the Minnesota Vikings applied for registered marks...more

CAS Legal Mailbag Question of the Week – January, 2018 #3

by Shipman & Goodwin LLP on

Dear Legal Mailbag: As the principal of a middle school, sometimes I feel more like a referee than an educator. Recently, I have received a number of complaints from teachers about one seventh grade biology teacher...more

More Fair Use of the Super Bowl Trademark?

Downtown Minneapolis is starting to come alive for upcoming Super Bowl LII, you can feel the energy building and commerce flowing, new ads and signage being erected almost daily...more

Copyright Basics

by Workman Nydegger on

Copyright protection is contemplated under the Constitution of the United States and governed by the U.S. Copyright Act. More specifically, Article 1, Section 8, Clause 8 of the United States Constitution includes...more

Sail On: Former Commodores Guitarist Fails to Establish Rights in Band's Trademark

Who owns a band’s trademark when that band is composed of multiple people? And more importantly, what rights does a band member have in that trademark when they leave the band? Earlier this week, the Eleventh Circuit...more

2018: Predictions From Socially Aware’s Editors and Contributors

Happy 2018 to our readers! It has become a Socially Aware tradition to start the New Year with some predictions from our editors and contributors. With smart contracts on the horizon, the Internet of Things and...more

Oh, the Places Copyright and Trademark Law Go!

In a case described by the judge as presenting an “important question regarding the emerging ‘mash-up’ culture,” a jury will consider the copyright and trademark claims raised by a Star Trek version of Dr. Seuss’s Oh, the...more

Insta-worthy or Insta-infringement

by DLA Piper on

Today’s means of communication is ever more dependent on social media. Whether you’re an individual, a onewoman shop, a fortune-500 company, or even the President of the United States, social media is the fastest and easiest...more

367 Results
View per page
Page: of 15

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.