The California Federal Appeals Court, by amending its earlier decision, dropped its language regarding wether an automated program can determine fair use of third-party uploaded content. In Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. March 17, 2016) (Available Here), … [Read more...]
Altered Mayor’s Photo on T-shirts was Transformative Fair Use and Not Infringement of Copyrighted Photo
In Michael Kienitz v. Sconnie Nation LLC and Underground Printing-Wisconsin, LLC, 766 F.3d 756 (7th Cir. 2014) (available here), Defendant Sconnie Nation made some t-shirts and tank tops displaying the image of Paul Soglin’s face, the Mayor of Madison, Wisconsin, and the phrase … [Read more...]
Use of Photograph, Transformed by Artist into Paintings and Collages, is Copyright Fair Use
In Cariou v. Prince et al., 714 F.3d 694 (2nd Cir. 2013) (Available Here), the U.S. Court of Appeals for the Second Circuit found that the Copyright Act does not require that the secondary or derivative use of an original work relate back, in a historical sense, to the original … [Read more...]
Copyrightability and Fair Use of the Google Android Operating System – Oracle v Google
In a lengthy decision covering historical computer copyright case law, the Court of Appeals for the Federal Circuit ruled on the copyright dispute over the Android smart phone operating system in Oracle America Inc. v. Google Inc., Fed. Cir. Case No. 2013-1021 (May 9, 2014) … [Read more...]
Articles Copied Without Authorization In Patent Applications Is Copyright Fair Use
A Magistrate Judge for the District Court of Minnesota recommended that the District Court grant a defendant’s motion for summary judgment, finding that the defendant was entitled to fair use protection under the Copyright Act for using portions of scientific articles in patent … [Read more...]
Guggenheim Imposter Loses Default Appeal
The Second Circuit Court of Appeals in New York affirmed a default judgment against a defendant who used the famous Guggenheim family name for his own personal benefit. Guggenheim Capital LLC v. Birnbaum, Case No. 11-3276-cv (2nd Cir. July 15, 2013) (available here). Birnbaum … [Read more...]
Oprah’s OWN Network Powerless To Defend "Own Your Power" Trademark
The Second Circuit Court of Appeals has held that Oprah Winfrey’s use of the phrase “Own Your Power” is not protected by the fair use defense. Kelly-Brown and Own Your Power Communications, Inc., v. Oprah Winfrey, et al., Case No. 12-1207-cv (2d Cir. May 31, 2013) (available … [Read more...]
Transformative Work Need Not Include Commentary To Be Classified As Transformative Under Copyright Act’s Fair Use Provisions
The Second Circuit Court of Appeals in New York (2nd Circuit) reversed a lower court ruling which applied the wrong standard for determining whether a work was transformative under the Copyright Act’s fair use statute, 17 U.S.C. § 107. Cariou v. Prince, Case No. 11-1197-cv (2d … [Read more...]
Righthaven Loses…Again
The Righthaven train took another derailment recently, after being handed a substantial loss in the Ninth Circuit. The Court held that a bare assignment of the “right to sue” for copyright infringement was not enough to confer standing without the transfer or assignment of an … [Read more...]
Facebook’s Timeline May Be Running Out
A District Court denied Facebook’s motion for summary judgment, finding that Facebook had failed to prove that Plaintiff’s trademarks for the term “timeline” were invalid. Timelines, Inc. v. Facebook, Inc., Case No. 11-cv-6867 (N. D. Ill. April 1, 2013) (available here). … [Read more...]
