The U.S. District Court for the Southern District of New York held that digital music files lawfully made and purchased cannot be resold under the first sale doctrine of the Copyright Act. Capitol Records, LLC v. ReDigi Inc., Case No. 12 Civ. 95 (RJS) (S.D. N.Y., March 30, 2013) … [Read more...] about Resale Of Legal Digital Music Downloads Not Covered Under First Sale Copyright Doctrine
The U.S. District Court in Maryland held that the NFL and Baltimore Ravens’ use of the Ravens’ original team logo was fair use under the Copyright Act, but declined to extend the fair use protection to the Madden NFL videogame’s use of the logo. Bouchat v. NFL Properties, LLC, … [Read more...] about Quote The Ravens, “Fair Use”
The Ninth Circuit affirmed the lower court’s summary judgment and award of attorneys’ fees in a copyright infringement case finding that a 7-second clip from The Ed Sullivan Show used in the musical Jersey Boys constituted fair use because of its historical significance. SOFA … [Read more...] about “Oh What A Night!” Ed Sullivan’s Charisma Not Enough To Overcome Fair Use Defense For The Jersey Boys’ Use Of A Seven-Second Clip
To the Batmobile, but only the authentic one! Batman’s Batmobile is subject to copyright protection because it is an especially distinctive character in the Batman world, according to the District Court of the Central District of California. D.C. Comics v. Towle, Case No. … [Read more...] about “Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
A famous photograph depicting a man wanted by the FBI (for child abduction; passing as a member of the Rockefeller family, British royalty, a Wall Street advisor, and a rocket scientist) does not have enough copyrightable elements to meet the substantial similarity test for … [Read more...] about Photographs Depicting Factual Content Not Enough For Copyright Infringement
A U.S. District Court (trial court) has found that when teachers at an educational institution (for example, the University of Georgia) use less than ten percent (10%) of a copyrighted book, then such use is fair use and does not constitute copyright infringement. Cambridge … [Read more...] about Ten Percent Is Fair Use For Educational Institutions – Copyright Owners Disappointed
The U.S. District Court in Nevada ruled in Righthaven LLC v. Realty One Group, Inc., 96 U.S.P.Q. 2d 1516, Case No. 2:10-cv-1036 (D. Nev. Oct 19, 2010)(available here) that a Realtor, operating an internet blog at www.michaeljnelson.featuredblog.com, who copied the first eight … [Read more...] about Eight Sentences Ruled Fair Use Under Copyright Act
Photographer Todd Latimer sued motorcycle manufacturer Kawasaki www.kawasaki.com and Hachette, the publisher of Cycle World magazine www.cycleworld.com because Kawasaki used 5 of Latimer’s photos of a newly developed, highly customized ZX-14 bike in a 110 photo press release and … [Read more...] about Motorcycles, Photos, Fair Use and no Copyright Clearances