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Vogt on Fiction and Fair Use in the Internet Age: When Rights Collide

In Salinger v. Colting , 2009 U.S. Dist. LEXIS 56012 (S.D.N.Y. July 1, 2009) , reclusive and fiercely protective novelist J.D. Salinger enjoined copyright infringement and common law unfair competition of The Catcher in the Rye and character infringement of iconic Holden Caulfield. The defense of fair...

Supreme Court Hears Copyright Dispute over First-Sale Doctrine

WASHINGTON, D.C. - (Mealey's) The reach of the Copyright Act's first-sale doctrine, codified at 17 U.S. Code Section 109(a) , was debated November 8 th by an eight-member panel of the U.S. Supreme Court in a dispute over watches lawfully manufactured abroad and sold domestically by a wholesale...

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold domestically ( Costco Wholesale Corp. v. Omega S...

Supreme Court Issues Split Ruling In Fair Use Copyright Dispute

WASHINGTON, D.C. -- (Mealey's) A divided U.S. Supreme Court on Dec. 13 allowed to stand a Ninth Circuit U.S. Court of Appeals ruling that the Copyright Act's first-sale doctrine does not apply to goods lawfully manufactured abroad and then sold domestically ( Costco Wholesale Corp. v. Omega S...

Copyright Lawsuits Filed Over Airport Pat-Down Photo

DENVER - (AP) A law firm that targets the unauthorized use of news content on the Internet has filed 32 lawsuits in federal court in Colorado seeking to stop the use of a Denver Post photograph showing an airport pat-down. The lawsuits are being closely watched by news companies struggling to protect...

The Righthaven lawsuits: What is fair use of online publications?

By Jeff Neuburger of Proskauer Rose LLP Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media , the publisher of the Law Vegas Review-Journal. The company has been making a name for itself; since early 2010, has brought...

Proskauer Rose LLP On The Righthaven Lawsuits: What Is Fair Use Of Online Publications?

By Jeff Neuburger of Proskauer Rose LLP Righthaven LLC is an intellectual property enforcement firm that was formed by a group of copyright attorneys and Stephens Media , the publisher of the Law Vegas Review-Journal. The company has been making a name for itself; since early 2010, has brought two...

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - Cariou v. Prince, USDC S.D. New York, March 18, 2011

By Jonathan Zavin of the firm Loeb & Loeb LLP Click here for a copy of the full decision. Court holds that defendant's use of plaintiff's photographs to create "appropriation art" is not a fair use because it does not comment on the original photographs and is not transformative;...

The Abortion Debate and Copyrights: Family Planning Clinic’s Infringement Complaint Attacks Anti-Abortionist’s Use of Copyrighted Material Spliced with Graphic Images - FREE DOWNLOAD

On May 12 th , Northland Family Planning Clinic, Inc. filed a copyright action against the Center for Bio-Ethical Reform (CBR). Northland provides reproductive healthcare to women, including abortions. The CBR, a California non-profit, opposes abortions. Northland alleges that the CBR's anti...

Family Planning Clinic Infringement Lawsuit Attacks Anti-Abortionist's Use Of Copyrighted Material With Graphic Images - FREE DOWNLOAD

On May 12, Northland Family Planning Clinic, Inc. filed a copyright action against the Center for Bio-Ethical Reform (CBR). Northland provides reproductive health care to women, including abortions. The CBR, a California non-profit, opposes abortions. Northland alleges that the CBR's anti-abortion...

South Park and the Butt Song: A Marriage Made in Fair Use Heaven

Even the oddest compositions deserve copyright protection. But in a similar vein, even the oddest compositions beckon parody. Which brings us to the song, What What (In the Butt) . Which then brings us to the animated television show, South Park . Brownmark Films, LLC co-owns the copyright...

On the Frontlines of Fair Use: Library Association Publishes Code of Fair Use Best Practices

The Association of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research Libraries . The document is a code of fair use practices to be used by the academic and research library community. It provides an overview of fair use and identifies...

Sheppard Mullin Richter & Hampton LLP: Rastaman Vibration

By Sheppard Mullin The appeal in the case of Cariou v. Prince [ enhanced version available to lexis.com subscribers ] is shaping up to be the biggest visual arts copyright case in many years. It will likely result in guidance on what qualifies as a transformative use for appropriation art under the...

Oprah “Owns Fair Use” in Trademark Lawsuit Involving O Magazine and Headline Phrase "Own Your Power"

On March 6 th , the Southern District of New York dismissed a trademark lawsuit filed against Oprah Winfrey, holding that Oprah's use of the phrase "Own Your Power" did not infringe plaintiff's trademark. The court held that Oprah's use constituted fair use under 15 U.S.C. §...

Jury Says Google Infringed, But It Can't Agree On Fair Use

SAN FRANCISCO - (Mealey's) After five full days of deliberation, federal jurors in California issued a partial verdict on May 7 in the closely watched copyright dispute over defendant Google Inc.'s Android software platform ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.). ...

Jury Says Google Infringed, But It Can’t Agree On Fair Use

SAN FRANCISCO - (Mealey's) After five full days of deliberation, federal jurors in California issued a partial verdict yesterday in the closely watched copyright dispute over defendant Google Inc.'s Android software platform ( Oracle America Inc. v. Google Inc. , No. 10-3561, N.D. Calif.;...

Ballard Spahr LLP: GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

By members of the Intellectual Property Litigation Group In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio of textbook publishers...

Print Disabilities Support Fair Use Judgment in New York Copyright Case against Universities’ HathiTrust

Recently, the Southern District of New York granted defendants summary judgment in a copyright case attacking the HathiTrust Digital Library (HDL). The HDL, which houses digitized works from university libraries, is used for: (1) full-text searches; (2) preservation; and (3) to provide access for...

YouTube Mom Continues Misrepresentation Fight Against Administrator of Prince’s “Let's Go Crazy" Copyright

A collection of music companies will continue to defend themselves against a mother who was once accused of copyright infringement after she posted a YouTube video of her children dancing to a Prince song. A California federal court refused to grant Universal Music Corporation, Universal Music...