Showing posts with label fair use defenses. Show all posts
Showing posts with label fair use defenses. Show all posts

Tuesday, June 30, 2026

Intellectual Property Influence; UC Berkeley Law, June 10, 2026

 UC Berkeley Law; Intellectual Property Influence

"An article by Professor Pamela Samuelson has been selected as one of the best intellectual property papers of 2025 and will be included in the next edition of the Intellectual Property Law Review, published annually by Thomson Reuters. It’s the seventh time one of her articles has been recognized this way. 

Justification for Fair Uses(opens in a new tab),” published in 2025 in the Wisconsin Law Review, explains the implications of the U.S. Supreme Court’s 2023 decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. Samuelson argues that the ruling preserved the standards for analyzing fair–use defenses the Court laid out in its 1984 Campbell v. Acuff-Rose Music, Inc. decision. 

“Contrary to what some have mistakenly asserted, nothing in Warhol abjures the rich body of fair use case law, both before and after Campbell, that has recognized many types of fair use justifications,” Samuelson writes."

Monday, June 12, 2017

A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate; BoingBoing, June 12, 2017

Cory Doctorow, BoingBoing; A legal victory for the kickstarted Star Trek mashup censored by Dr Seuss's estate

"Last October, the Dr Seuss estate used legal threats to halt a wildly successful crowdfunded Seuss/Star Trek mashup called "Oh, The Places You'll Boldly Go," whose contributors included comics legend Ty Templeton and Tribbles creator David Gerrold.

The Seuss estate argued that the book infringed its trademarks and copyrights. Now, the United States District Court for the Southern District of California court has ruled on the trademark question and found that there is no valid trademark claim thanks to "nominative fair use," and also indicated that it would be favorably disposed to fair use defenses on the copyright question.

The estate has two weeks to prove copyright damages and to amend its trademark claims."