Showing posts with label transformative use. Show all posts
Showing posts with label transformative use. Show all posts

Tuesday, January 21, 2020

Here’s How The Supreme Court Can Stop Google From Stealing People’s Ideas; The Federalist, January 17, 2020

, The Federalist;

Here’s How The Supreme Court Can Stop Google From Stealing People’s Ideas

The Supreme Court will rule this year on Google v. Oracle, and when it does, it can rein in both Google and the legal doctrine of 'transformative use,' an abuse of the 'fair use' exceptions to copyright laws.

"Google has long abused intellectual property protections and thus far managed to skirt any severe negative repercussions for it. But the tech giant may soon be held responsible for its borderline illegal behavior.

The Supreme Court will rule this year on Google v. Oracle, a case some say is the copyright case of the century. When it does, it will have the opportunity to rein in both Google and the legal doctrine of “transformative use,” an abuse of the “fair use” exceptions to copyright laws."

Friday, September 18, 2015

Big new copyright fair use decision involving part owner of Miami Heat; Washington Post, 9/17/15

Eugene Volokh, Washington Post; Big new copyright fair use decision involving part owner of Miami Heat:
"I blogged about this case back when the magistrate judge issued his report, but today the U.S. Court of Appeals for the 11th Circuit affirmed (Katz v. Chevaldina), and concluded that defendant Irina Chevaldina’s use of the photo shown above is a fair use. The twist: The subject of the photo, Raanan Katz, bought the photo after it was published and used by Chevaldina, and then sued her in his capacity as now-owner of the photograph. No dice, said the court, concluding — in my view correctly — that Chevaldina’s use was a “fair use” and thus not an infringement..."

Wednesday, August 11, 2010

The Most Ridiculous Bootleg DVD Covers Of All Time (PHOTOS); HuffingtonPost.com, 8/11/10

Katla McGlynn, HuffingtonPost.com; The Most Ridiculous Bootleg DVD Covers Of All Time (PHOTOS):

"You've seen them being sold on blankets on the streets of New York, on shelves in other countries, or even in your friend's living room: bootleg DVDs. Whether actually bootleg or just in foreign packaging, these DVD and VHS covers all have one thing in common and that is extreme misinformation. Take a look at that "Battlestar Galactica" DVD for example. Not only do they call it a "tween comedy" but they actually Photoshopped in the U.S.S. Enterprise from "Star Trek" on the front. On the front. Of the DVD. That they sell. It's a crazy world out there people, so next time you buy a movie or DVD of your favorite TV show, make sure you're buying the real thing."

http://www.huffingtonpost.com/2010/08/09/the-most-ridiculous-bootl_n_676490.html

Wednesday, November 4, 2009

Is There "Hope" for Shepard Fairey?; Slate, 10/21/09

Tim Wu, Slate; Is There "Hope" for Shepard Fairey? :

How does fair-use law work, anyway?

"Shepard Fairey may have hoped to teach something new about art and copyright with his iconic "Hope" poster of Barack Obama. Instead, he is accused of lying about which Associated Press photo he used. (He says he made a mistake.) But if Fairey's lying has probably made a hash of his case and lost him a lawyer, it has also raised that pesky question yet again: Just what is fair use? Was it legal for Fairey to take an AP photo and turn it into this piece of artwork?

Copyright lawyers, when asked about fair use, love to emphasize its complexity and opacity. I won't deny that fair use can be a little dense, yet I firmly believe the basics can be well-understood. My project is to demystify: a few details may be lost, but here goes."

http://www.slate.com/id/2233152/

Monday, September 8, 2008

"Harry Potter" author Rowling Wins Copyright Infringement Suit; Insufficient Transformative Use by Plaintiff, Vander Ark - New York Times, 9/8/08

‘Potter’ Author Wins Copyright Ruling: "Judge Robert P. Patterson of Federal District Court said Ms. Rowling had proved that Steven Vander Ark’s “Harry Potter Lexicon” would cause her irreparable harm as a writer. He permanently blocked publication of the reference guide and awarded Ms. Rowling and her publisher $6,750 in statutory damages...He added that he ruled in Ms. Rowling’s favor because the “Lexicon appropriates too much of Rowling’s creative work for its purposes as a reference guide.”

http://www.nytimes.com/2008/09/09/business/media/09potterweb.html?partner=rssnyt&emc=rss