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Archive for the ‘Fair Use’ Category

By June Nam – Edited by Ding Ding

The heirs of William Abbott and Lou Costello filed suit against the creators of a Broadway play, Hand to God for using—verbatim—a portion of the iconic comedy routine, Who’s on First?. The Second Circuit affirmed the judgment but rejected the reasoning of the district court, which dismissed allegations of copyright infringement. The Circuit Judge, Reena Raggi, held that the use of the routine in the play was not a fair use under the Copyright Act of 1976. However, the heirs did not have a valid copyright to allege any copyright infringement.


Posted On Oct - 23 - 2016 Add Comments READ FULL POST

The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.


Posted On Aug - 4 - 2016 Add Comments READ FULL POST

Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use.[1] The motion will be heard on August 18, 2016.


Posted On Jul - 21 - 2016 Add Comments READ FULL POST

Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns

By Sheri Pan – Edited by Henry Thomas

Lenz v. Universal Music, the “dancing baby” copyright case, was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion. The changes removed language – mostly dicta – from the original opinion, seemingly raising the bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a “searching or intensive” review of potential fair use defenses was removed.


Posted On Apr - 4 - 2016 Comments Off READ FULL POST

Analyzing the Equals Three v. Jukin Media Opinion

By Feiran (Felicia) Chen- Edited by Yiran Zhang

The court held that  Equals Three’s videos favored fair use as commenting on viral videos is transformative with the exception of one episode.


Posted On Nov - 4 - 2015 Comments Off READ FULL POST
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