Last week I addressed fair use as an exception to copyright infringement. Among the situations that gave rise to fair use were those deemed transformative. What is a transformative work? As the copyright statute suggests, it is an important consideration that the work neither diminish the value nor damage the market for the original or its … More Kia Soul Hamsters are Funny and Transformative
Copyright Law sets forth an exception to infringement for fair use. But what is a fair use is often confusing. Circumstances often dictate the extent to which this exception is applied. The statute provides express limitation on the exclusive rights granted…. for the fair use of a copyrighted work, including such use by reproduction in copies … More What Use Is a Fair Use
A long simmering feud between Authors and Google resulting from its library scanning project was resolved when the US District Court in New York decided in Google’s favor dismissing the authors’ lawsuit. The scanning involved whole materials, but only made snippets available to the public through Google search. The Court found this mechanism to be … More Google Scans Win Court Approval
Apparently not according to the Court of Appeals 2nd Circuit. In the case of Unclaimed Property Recovery Service et al v. Kaplan, former Plaintiffs in a Class Action lawsuit who had registered the Complaint and supporting documentation with the Copyright Register, sued their former lawyer for copyright infringement upon his use of the pleadings in filing … More Copyrighted Legal Pleadings?
This week the US Court of Appeals Second Circuit issued Google a reprieve from class action certification. Google was alleged by the Authors Guild to have committed copyright infringement by copying and displaying “snippets” of millions of books in the Library Project of its Google Books search tool. The parties had reached an earlier settlement … More Google Wins Class Action Reprieve
Ambiguity in a contract never favors the drafting party. This basic principle of contract law came back to bite Marvel Comics in a recent Court of Appeals Second Circuit decision, Friedrich v. Marvel, regarding copyright renewal. Gary Friedrich, Plaintiff, allegedly authored or at least co-authored a series of stories and screenplay depicting the fictional Ghost … More When “Forever” Is Not Forever
Clients of my practice usually either have a website or are planning to get one. From an intellectual property “IP” standpoint, the developer agreement is critical to ensure the right content and code necessary for your business to attract clients and customers. There are many terms to consider including project scope, testing, hosting, ownership, payment … More Essential Points of Web Developer Agreements