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...] about Use of Photograph, Transformed by Artist into Paintings and Collages, is Copyright Fair Use
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...] about Transformative Work Need Not Include Commentary To Be Classified As Transformative Under Copyright Act’s Fair Use Provisions
Christian Louboutin’s Distinctive Red Soles Are A Valid Trademark
Since 1992, Louboutin painted the outsoles of his women’s high-heeled shows with a high-gloss red lacquer. He registered the mark in the USPTO in 2008 and now the Second Circuit Court of Appeals in New York has held that his red painted outsoles on women’s shoes is a valid … [Read more...] about Christian Louboutin’s Distinctive Red Soles Are A Valid Trademark
