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Why is Fair Use a common defense against Internet copyright infringement? From commentary and criticism to parody and various levels of “transforming” an original work, what might constitute as Fair Use under United States law? Whether you’re looking to avoid copyright litigation or you need a Fair Use assessment from a copyright infringement attorney, our online experts discuss related litigation issues and concerns.
March 02, 2010

The Obama Poster Copyright Case: Updates in Shepard Fairey v. The AP

The Fairey v. AP case has taken an interesting turn.The photographer, Manny Garcia, has now initiated suits against both Shepard Fairey and the AP claiming copyright infringement of the original photograph.  Shepard Fairey is maintaining that his poster is transformative of the original photograph and is appropriate under the fair use defense.

Announcer: Welcome to Copyright Law Radio sponsored by Traverse Copyright Law, internet lawyers specializing in copyright infringement, copyright licensing and copyright registration. Now, here’s your host, Damien Allen.
 

Damien Allen: Good afternoon, and welcome to Copyright Right Law Radio. My name is Damien Allen. Today we are discussing the Shepard Fairey et. al. v. The Associated Press case. Once again, there have been a couple of new developments since the last show we did on this and joining us via the telephone is Jo-Na Williams. Jo-Na is a fourth year law student at Suffolk University Law School in Boston, Massachusetts. She’s also a member of the American Bar Association’s IP Committee 304 and author of The New Symbol of “Hope” for Fair Use:  Shepard Fairey v. The Associated Press article from the September/October issue of Landslide magazine. Good afternoon, Jo-Na, and welcome to the program.

Continue reading The Obama Poster Copyright Case: Updates in Shepard Fairey v. The AP >>
November 13, 2009

Copyright Fair Use: Get a Copyright Fair Use Assessment

 

Today’s program is brought to you by the attorneys at Traverse Legal, PLC, a global law firm specializing in Internet law, Trademark infringement, Copyright Infringement, Cybersquatting, On-Line Defamation, Non-Compete & Trade Secret Law and Complex litigation. If you have a legal matter arising on the web, contact one of Traverse Legal’s internet lawyers today.

DAMIEN ALLEN:  Good afternoon and welcome to Traverse Legal Radio.  My name is Damien Allen here in studio A, and today on the phone we have Mr. John Di Giacomo from Traverse Legal Radio.  Good Afternoon, John.  Welcome to the program.

Continue reading Copyright Fair Use: Get a Copyright Fair Use Assessment >>
August 19, 2009

Avoiding Copyright Litigation: As The Number of Copyright Lawsuits Continue to Rise, Here is What You Need to Know in Order to Avoid Getting Sued.

The last thing you need is to find yourself on the receiving end of a copyright infringement threat letter or, worse, a copyright infringement lawsuit.

The primary defense to copyright infringement is “fair use” – a doctrine under copyright law which allows you to republish someone else’s copyright protected work without permission.  Typically, your use of the copyright protected work must be “for purposes such as criticism, comment, news reporting, teaching, scholarship or research.”  Fair use applies to all copyright works including books, articles, art work, music, web pages and other copyright forms. 

Continue reading Avoiding Copyright Litigation: As The Number of Copyright Lawsuits Continue to Rise, Here is What You Need to Know in Order to Avoid Getting Sued. >>
March 20, 2009

Copyright Litigation Update: Fair Use Parody of Song Results in Lawsuit Dismissal

Judge Deborah A. Batts of the U.S. District Court for the Southern District of New York on Monday granted Twentieth Century Fox Film Corp.’s motion for summary judgment, dismissing a lawsuit filed by musical publisher Bourne Co., the copyright holder of the popular song.

Continue reading Copyright Litigation Update: Fair Use Parody of Song Results in Lawsuit Dismissal >>
February 09, 2009

How to Know Whether Content Aggregators’ Use of Third Party Content is Fair Use Under Copyright Law

What is copyright fair use?  We often receive questions from clients about the copyright law implications of content aggregators.  Content aggregators, to be clear, are business models in which content from the web produced by others is repackaged in a value-added manner.  Value is added to the aggregated content through the addition of user voting schemes, social networking, message boards, or other community building methods.  The question we most often receive: “Is this fair use under the Copyright Act?”

Continue reading How to Know Whether Content Aggregators’ Use of Third Party Content is Fair Use Under Copyright Law >>
September 08, 2008

Lexicon Dictionary Of Harry Potter Works Not Fair Use

Rowling wins copyright suit against Mich. man | Freep.com | Detroit Free Press

Continue reading Lexicon Dictionary Of Harry Potter Works Not Fair Use >>
September 05, 2008

Is Use of Famous Songs By Policital Parties At Convention Copyright Infringement

Heart to McCain/Palin: Back off on 'Barracuda' - Sound Effects - Boston.com

The use of copyrighted music by politicians is extremely common, but does it amount to copyright infringement? The rock group Heart thinks so and is using its registered copyrights to demand that John McCain and Sarah Palin quit playing their song "Baracuda".
The rock group Heart has sent a message to John McCain and Sarah "Barracuda'' Palin: quit playing our 1977 hit ''Barracuda.''
Continue reading Is Use of Famous Songs By Policital Parties At Convention Copyright Infringement >>
August 25, 2008

Assess Fair Use Before Sending a Take-Down Notice | Copyright Law Firm Tips

Last year, our copyright law frim sponsored the interview "Digital Millennium Lawsuit Against Universal Music Publishing" with Marcia Hoffman of the Electronic Frontier Foundation. The district court recently ruled that Universal Music was obligated to assess the fair sue defense before sending a DMCA take-down notice. If this court's ruling becomes a trend, copyright holders who use software systems to automate take-down notices will be at risk for damages and an award of attorney fees in cases where the fair use defense prevails.

Continue reading Assess Fair Use Before Sending a Take-Down Notice | Copyright Law Firm Tips >>
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