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Archive for the ‘Fair Use’ Category

Second Circuit Holds that Submission of Entire Copyrighted Work in Judicial Proceedings Constitutes Fair Use By Kaethin Prizer – Edited by Esther Kang Hollander v. Steinberg, No. 10-1140-cv (2d Cir. Apr. 5, 2011) Summary Order hosted by Scribd.com The Second Circuit affirmed the decision of the District Court for the Eastern District of New York, which had granted summary judgment in favor of the defendant in a copyright infringement suit. The Second Circuit applied the traditional four-factor fair use test, ... Read More...
Posted On Apr - 15 - 2011 Comments Off READ FULL POST
Appropriation artist found to have infringed copyrights after failing to show transformative use By Matthew Becker – Edited by Chinh Vo Cariou v. Prince, No. 08 Civ. 11327 (DAB) (S.D.N.Y. March 18, 2011) Slip Opinion hosted by Scribd In a closely watched copyright case, the United States District Court for the Southern District of New York granted summary judgment for the plaintiff, Patrick Cariou, ruling that the appropriation artist Richard Prince, in conjunction with the Gagosian Gallery, infringed Cariou’s copyrighted ... Read More...
Posted On Apr - 3 - 2011 1 Comment READ FULL POST
By Nathan Lovejoy Lime Wire Damages Limited To One Statutory Damage Award Per Work Judge Kimba Wood ruled on March 10th that the statutory damages provision of the Copyright Act authorizes only one damage award per work infringed rather than one award for every infringement. Wood noted that had she adopted the record industry plaintiff’s interpretation the potential damages against the file-sharing software company would be “more money than the entire recording industry has made since Edison’s invention of the ... Read More...
Posted On Mar - 26 - 2011 Comments Off READ FULL POST
By Alea Mitchell Edited by Cary Mayberger Editorial Policy Innovative hosting of user-generated content on the Internet, and a subsequent increase in unauthorized copyrighted material among this content, means reimagining copyright jurisprudence. The issue of how we protect an owner’s “exclusive” right to reproduce, distribute, and publicly perform his or her work, while not stifling advances in global communication and technology, underlies the concern in recent infringement suits brought against online hosts like YouTube, eBay, Hi5, and Veoh. See 17 ... Read More...
Posted On Dec - 17 - 2010 1 Comment READ FULL POST
Copyright Troll Righthaven Experiences Setback due to District Court’s Grant of Dismissal Motion to Defendant Claiming Fair Use By Jonathan Allred – Edited by Cary Mayberger Righthaven v. Realty One Group, 2:10-cv-1036-LRH-PAL (D. Nev. Oct. 18, 2010) Opinion hosted by the Las Vegas Sun In one of the first rulings to come down in plaintiff Righthaven’s many copyright suits, the District Court of Nevada granted defendant Michael Nelson’s motion to dismiss. Righthaven’s lawsuits are notable because they represent a new ... Read More...
Posted On Oct - 28 - 2010 Comments Off READ FULL POST
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