News & Analysis as of

Fair Use Copyright IP License

McDermott Will & Emery

Even Free Libraries Come With a Cost

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The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the...more

Venable LLP

Key Copyright Issues for Independent Schools

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Through our work with independent schools, we have seen numerous schools grapple with a variety of copyright issues including disputes over ownership of work created by teachers, unauthorized use of music or videos, and the...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

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Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

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With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more

Miller Nash LLP

Don’t Believe Everything You Read about the Warhol Decision

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Which is less reliable, the Supreme Court’s recent decision in the much-watched case of Warhol v. Goldsmith or what reporters and commentators have said about it? Widely reported as a case alleging that Andy Warhol’s...more

Dorsey & Whitney LLP

Supreme Court’s Warhol Decision Transforms Law of Fair Use by Emphasizing Importance of the “Purpose” of the Works at Issue

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The Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith issued earlier today is chock full of references to famous artists, famous works of art, famous musicians and famous celebrities...more

Miller Nash LLP

The Accidental Infringer: What You Need to Know about Copyright When Using Photos from the Web

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You’ve received a letter from a lawyer saying that a photo you found online and uploaded to your website infringes a photographer’s copyright. Maybe you do nothing and wait to see if you get another letter. Maybe you take the...more

Stark & Stark

Proprietary Ink: How One Tattoo Artist Took Take-Two to the Mat Over Unauthorized Use of Replica Tattoos on Wrestlers in WWE 2K...

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Tattoo artist Catherine Alexander (“Alexander”) filed a lawsuit against World Wrestling Entertainment Inc. (“WWE”) and video game maker Take-Two Interactive Software Inc. (“Take-Two”) claiming they violated her intellectual...more

Kilpatrick

5 Key Takeaways | IP: Beyond the Basics

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Kilpatrick Townsend's Crystal Genteman recently presented "IP: Beyond the Basics" for the Association of Corporate Counsel Georgia Chapter. These are the 5 key takeaways from her presentation....more

Kilpatrick

5 Key Takeaways - Beyond The Basics

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Kilpatrick Townsend’s Crystal Genteman recently presented “IP: Beyond the Basics” for the Association of Corporate Counsel Georgia Chapter. Ms. Genteman discussed best practices and evaluating practical risks, by exploring...more

Mayer Brown

Developments in Copyright Law Affecting Tech Transactions

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This episode focuses on an IP right at the heart of many technology deals—copyrights. Mayer Brown partners Richard Assmus and Oliver Yaros and host Julian Dibbell will discuss some recent important changes in US and European...more

Weintraub Tobin

Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

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In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more

Weintraub Tobin

The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

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In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more

Sunstein LLP

Google v. Oracle: Supreme Court Holds Copying of Key Part of Java Software, its API, is Fair Use

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Ending a struggle between two tech titans stretching over more than a decade, the Supreme Court held in a 6-2 opinion that Google’s copying of key portions of the Application Programming Interface (API) of Oracle’s Java SE...more

Steptoe & Johnson PLLC

When the Virtual School Year Ends, Who Owns the Intellectual Property?

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The first full school year conducted during the Covid-19 pandemic is coming to a close. The sudden inability to deliver educational instruction in person due to the pandemic gave rise, by necessity, to the expanded use of...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

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In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Key Takeaways from Google’s Supreme Court Copyright Win Over Oracle

The Supreme Court’s recent landmark ruling in Google v. Oracle ended a decade-long legal battle between the tech giants, finding that Google’s copying of over 11,000 lines of Oracle’s Sun Java application programming...more

Proskauer - New Media & Technology

Landmark Fair Use Victory at the Supreme Court in Software Case

In a narrowly drawn, yet significant decision, the Supreme Court reversed the Federal Circuit and ruled that Google LLC’s (“Google”) copying of some of the Sun Java Application Programming Interface (API) declaring code was a...more

Knobbe Martens

Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents...

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GOOGLE LLC V. ORACLE AMERICA, INC. Before the United States Supreme Court (Opinion by Justice Breyer) on Writ of Certiorari to the United States Court of Appeals for the Federal Circuit. Summary: Where use of...more

Womble Bond Dickinson

A Strike Against the Sandbox: Practical Results of Oracle v. Google

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If you want to make big money, offer something that people want, but no one else can offer. The Portuguese sourced spices in the Fifteenth Century. Rockefeller locked up East Coast oil distribution in the Nineteenth Century....more

International Lawyers Network

Out Of Character: Jersey Boys, Detective Stories, & The Case Of Space-Traveling Tardigrades

At heart, and still, I am a non-singing Jersey Boy, and one who grew up reading Sherlock Holmes stories and watching Star Trek, the Original Series (before it even needed that modifier), in reruns in the 1970s while also...more

Dorsey & Whitney LLP

Take Two: Photographer’s Copyright Suit Over Embedded Instagram Post is Revived

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We recently blogged about an April 2020 decision of the federal court for the Southern District of New York, which dismissed a copyright infringement suit brought by Stephanie Sinclair, a Pulitzer-Prize winning...more

JAMS

Keepin' It Real: Courts Recognize the Legitimate Goal of Video Game Makers

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In two recent cases, federal courts have ruled in favor of video game makers regarding their use of certain images in their games. In each instance, the court took note of the video game company’s purpose in using the...more

McNees Wallace & Nurick LLC

Copyright and Fair Use for Educational Institutions Amid COVID-19

April 27, 2020 Publications by Olivia Levine and Brian Gregg In response to COVID-19 closures, educational institutions have rapidly transitioned to online learning in order to continue to serve their students....more

Clark Hill PLC

Teaching Online Traps for the Unwary – How to Use Copyrighted Material Safely

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With most K-12 schools moving to exclusively online educational programming necessitated by shelter-in-place and other limitations imposed due to the COVID-19 pandemic, teachers want to know if, when, and how they can use...more

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