Kia Soul Hamsters are Funny and Transformative

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

What Use Is a Fair Use

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

Attorneys’ Fees Awarded in Fair Use Litigation

Some lessons are learned the hard way. Recently SOFA Entertainment Inc. “SOFA” was taxed attorneys’ fees and costs in the amount of $155,000 as a result of their losing copyright infringement lawsuit. Plaintiff SOFA had brought suit against Defendant Dodger Productions Inc. “Dodger” for its use of a 7-second clip of the Four Season’s ’60s … More Attorneys’ Fees Awarded in Fair Use Litigation