Currently viewing the tag: "fair use"

In September 2015, the Ninth Circuit issued an opinion in what has been dubbed the “Dancing Baby copyright takedown case.”  The decision explained that a copyright holder who uses computer algorithms to flag infringing content on the web has satisfied the subjective good faith requirement necessary to issue a takedown notice under the Continue Reading

As explored in Part 1, street art is entitled to both legal protection under copyright law, but also legal use by others under the fair use doctrine. In the case of celebrity pastor Rich Wilkerson Jr. and Vous Church though, the assumption of fair use has officially landed them in the courtroom. To recap, [...]

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Google Book Scanning Upheld by U.S Appeals Court

On October 28, 2015 By jlukasiewicz

On Oct. 16th, the Second United States Circuit Court of Appeals in New York ruled that Google’s Books scanning effort to create an online library does not violate copyright law and is protected by fair use. The decision, which rejects the latest challenge in Authors Guild v. Google, also held that Google’s provision of [...]

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Fair Use & Takedown Notifications

On October 5, 2015 By Christopher Borns

On September 14, the Ninth Circuit Court of Appeals issued its opinion in what has become known as the “dancing baby” case.  The Ninth Circuit’s ruling, which marked a victory for proponents of fair use but did not go as far as some of those proponents would have liked, requires copyright owners to consider [...]

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Be careful what you selfie. A controversial artist recently challenged the bounds of Instagram’s photo-sharing service. Richard Prnice, an “appropriation artist,” sparked controversy by showcasing other Instagrammers’ screenshots in an art exhibit.  The exhibit features replicas of unwitting Instagram users’ photos, unaltered save a single added comment tacked at the end of each one. [...]

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Feeling nostalgic is not new for the average 90′s kid. Buzzfeed and other sites frequently put out lists and reminders of what children experienced in the 90′s and 00′s. One site brought actual television shows from Nickelodeon to your computer streaming. Nickreboot did more just remind the visiter that they used [...]

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The legal battle over the Beastie Boys’ 1987 song “Girls” had some law students wondering if it might be a fact pattern on their copyright final exam. Now, the band and toy company GoldieBlox have reached a settlement over a months-long infringement suit.

GoldieBlox’s stated mission is “to get [...]

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Shufflin’ to the Courthouse

On February 26, 2014 By Chastity Bobo

Who knew “shufflin’” could be such a problem? LMFAO’s catchphrase — “every day I’m shufflin’” — from the 2010 smash hit “Party Rock Anthem” is the source of a lawsuit filed by Rick Ross. Ross claims the song is an unauthorized derivative work under 17 U.S.C. § 106 (2) and alleges LMFAO [...]

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I had originally planned on making this a video post. I thought it might be interesting to discuss how media portrayals of crime have changed, using a video of Rockstar Game’s Grand Theft Auto V to ground my commentary. However, when I uploaded the video to YouTube, it got flagged for copyright [...]

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The Digital Millennium Copyright Act was passed by Congress in 1998 to provide relief for copyright holders dealing with infringement in the new age of digital media where the internet has made reproduction and distribution of information so easy. Unfortunately, current application of the DMCA verges on chilling the free speech of individuals online.

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