Tag Archives: fair use

The Use and the Fury: Faulkner Estate’s New Enforcement Efforts

In a pair of lawsuits filed about a week ago, Faulkner Literary Rights, LLC (“Faulkner Literary”), the owner of the literary rights to the late William Faulkner’s works, sued Sony Picture Classics (“Sony”), as well as Northrop Grumman Corporation (“Northrop Grumman”) and Washington Post Company (“Washington Post”) in the federal district court for the district … Continue Reading

The Use and the Fury: Faulkner Estate’s New Enforcement Efforts

In a pair of lawsuits filed about a week ago, Faulkner Literary Rights, LLC (“Faulkner Literary”), the owner of the literary rights to the late William Faulkner’s works, sued Sony Picture Classics (“Sony”), as well as Northrop Grumman Corporation (“Northrop Grumman”) and Washington Post Company (“Washington Post”) in the federal district court for the district … Continue Reading

Second Circuit to Rule on Whether Oprah Owns Her Power to Use Phrase

The October 2010 issue of O Magazine graced stands bearing a host of motivational commands:  “Tap Into Your Strength,” “Unlock Your Inner Superstar,” “Focus Your Energy,” “Let Your Best Self Shine,” and—most prominently—“Own Your Power.”  The issue promoted a sponsored event called “Own Your Power,” described as a panel discussion about power.  Afterwards, the Oprah … Continue Reading

Ninth Circuit to Consider the Impact of Viacom

The Court of Appeals for the Ninth Circuit Court might re-examine the Digital Millennium Copyright Act (the “DMCA”) copyright infringement safe harbor standards.  The Ninth Circuit ruled last year in UMG vs. Veoh, a case dealing with user-uploaded music videos, that Veoh, a video-sharing website was protected under the safe harbor provision of the DMCA.  Now, … Continue Reading

Creative Lawyering

Legal databases Lexis and Westlaw have come under fire in a recent suit before the Southern District of New York, filed on behalf of attorneys and their law firms. In the claimed class action, Plaintiffs demand injunctive relief as well as actual and statutory damages for the violation of their copyright.  The copying at issue is that of an attorney’s legal filings themselves.  Namely, an attorney’s … Continue Reading

Online news aggregation service under fire: will Meltwater melt?

The latest battle over online content involves not music or movies, but the news. On February 14, 2012, the Associated Press filed a complaint in the Southern District of New York against Meltwater, an online news monitoring service, alleging copyright infringement and “hot news” misappropriation, an incredibly narrow doctrine that had previously seen something of … Continue Reading
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