14 Nov, 2024 Does deceptive conduct preclude fair use? George Santos says it should. By Amanda Barkin Last week Former member of the U.S. House of Representatives George Santos told the Second Circuit that his copyright lawsuit about the...
11 Nov, 2024 Can You Avoid Copyright Claims By Modifying Props Used in Your Ads? By Brian Murphy In Crystal Castles, the arcade game released by Atari in 1983, the player controls Bentley Bear, a bruin tasked with collecting gems...
29 May, 2024 Tenth Circuit Refuses to Award Profits Under Copyright Act for Unauthorized Use of Photo in Ad By Brian Murphy I Dig Texas (IDT) and Creager Services (Creager) are competitors that sell attachments for skid steer loaders, a type of heavy machinery...
28 Mar, 2024 Citing Warhol, 10th Circuit Reverses Tiger King Fair Use Ruling By Caren Decter Back in 2022, the U.S. Supreme Court issued an important fair use ruling in Warhol v. Goldsmith—holding that Warhol's use of Goldsmith's...
30 Oct, 2023 Court offers first glimpse into whether AI machine learning is copyright infringement or fair use By Jeremy Goldman As we previously blogged, multiple generative AI platforms are facing lawsuits alleging that the unauthorized use of copyright-protected...
27 Oct, 2023 Court Revises Opinion in Kat Von D Tattoo Case in Wake of Andy Warhol Foundation v. Goldsmith By Brian Murphy Tattoos and fair use. Again. (See this post from last month.) The plaintiff Jeffrey Sedlik is a photographer who took (and owns the...
25 Sep, 2023 The Girl with the Tiger King Tattoo Loses Copyright Infringement Lawsuit Against Netflix By Brian Murphy Tattoos again. (See here and here.) In the early days of the pandemic, tattoo parlors across the country - including one owned by...
19 Sep, 2023 Publishing Technical Standards Incorporated By Reference in the Law Qualifies as Fair Use, Says DC Circuit By Brian Murphy The plaintiffs are three organizations that created and own the copyright in technical standards that establish best practices for...
24 Aug, 2023 Car Dealer Shared Viral Video of Truck in Tornado ... and Then Got Sued for Infringement By Brian Murphy This case is about what can happen when an advertiser (here, a Chevy dealer) modifies and then shares on Facebook a viral video (showing...
19 May, 2023 U.S. Supreme Court Rules Against Warhol--Is The Decision a Serious Blow to Fair Use? By Caren Decter Today, the Supreme Court issued its decision in Andy Warhol Foundation v. Goldsmith--ruling against Warhol and imposing some serious...
24 Apr, 2023 Reporter's Use of Screenshot of Jan 6 Insurrection Footage "Unquestionably" Fair, Says SDNY By Brian Murphy On January 6, 2021, photojournalist Robyn Brody captured footage (here) of Kelly Meggs and other members of the Florida Oath Keepers,...
15 Aug, 2022 Unauthorized Use of Photos to Illustrate Article Is "in No Way Transformative," Says CA9 By Brian Murphy Elliot McGucken is an award-winning fine-art photographer who specializes in natural landscapes. (Check out his website.) In March of...
18 May, 2022 Hopelessly Devoted to Fair Use: District Court Holds that Vape is Parody of Grease By Brian Murphy Sketchworks Comedy is the producer of Vape, a play advertised as a "millennial parody" of Grease. (You can watch Vape's trailer here.)...
06 Apr, 2022 Mic's Use of Screenshot of NY Post Article About the Woes of "Beautiful People" Qualifies for Fair Use By Brian Murphy On April 12, 2017, The New York Post published an article entitled "Why I won’t date hot women anymore," a thoughtful exploration of just...
28 Mar, 2022 Update: Supreme Court Will Hear Fair Use Dispute Over Warhol's "Prince Series" By Caren Decter This is an update to my prior post on the long-running copyright battle over Andy Warhol’s “Prince Series.” Today, the Supreme Court...
23 Mar, 2022 Migrating Online Forum to New Platform to Avoid Russian Censorship Qualifies as Fair Use By Brian Murphy Davis Square in Somerville, Massachusetts, is a groovy place. Between 2010 and 2017, a group of its residents used the Russian-owned...