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Category: Fair use


Can I Use This Song In My Podcast? It Depends.
March 20, 2019
Post by Brandon W. Clark
According to Podcast Insights, there are currently over 660,000 podcasts in existence and over 28 million episodes available to listen to. This number is certainly growing as are the legal concerns and issues associated with hosting or producing a podcast. This article will provide some general guidelines and outline some of the rules around using copyrighted material in a podcast. MVS attorneys are incr.......
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Rapper Sues the Makers of Fortnite Claiming Copyright Infringement of Dance Moves
December 07, 2018
Post by Brandon W. Clark
Rapper 2 Milly has filed a copyright and right of publicity lawsuit against the makers of the Fortnite video game claiming that they are illegally using a dance move that he created in their wildly popular video game. The Brooklyn-based rapper, whose real name is Terrence Ferguson, alleges that Fortnite-maker Epic Games is misappropriating his dance moves without permission, compensation, or credit........
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Federal Judge Rules Embedded Tweet Violated Copyright
February 21, 2018
Post by Brandon W. Clark
In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their websites without permission. Judge Forrest’s decision to grant the plaintiff’s motion for partial Summary Judgement is sure to be controversial and could prove to be very significant, po.......
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Hollywood Studios Prevail Against Family-Friendly Video Streaming Site
September 14, 2017
Post by Brandon W. Clark
In a 3-0 ruling, a federal appeals court sided with Disney, Warner Bros., and Twentieth Century Fox by affirming an injunction that shut down movie filtering service VidAngel, Inc., saying that a ruling to the contrary would “create a giant loophole in copyright law”. VidAngel is a video filtering service that lets users stream films without nudity, violence, and alcohol and drug use. The company buys DVDs o.......
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YouTube “Reaction Video” Deemed Fair Use
September 01, 2017
Post by Nicholas J. Krob
Much of the YouTube community breathed a sigh of relief last week as a New York federal court dismissed a lawsuit that had been brought against two of YouTube’s most popular personalities. On April 26, 2016, Matt Hosseinzadeh filed suit in the U.S. District Court for the Southern District of New York against Ethan and Hila Klein of “H3H3 Productions,” alleging, among other things, that the YouTube giants.......
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Domain Name Disputes: A UDRP Primer
August 09, 2017
Post by Brandon W. Clark
Has someone registered a domain that is identical or strikingly similar to your brand name or trademark? What rights do you have and what legal remedies are available if you or your company find yourself in a dispute over a domain name? This article is intended to serve as a brief overview of domain name dispute resolution proceedings. ICANN, the Internet Corporation for Assigned Names and Numbers, was f.......
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Copyright Infringement and Fair Use in a Digital World
January 26, 2017
Post by Brandon W. Clark
In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words "copyright infringement", you will also hear the words "fair use". Fair use is one of the most frequently discussed defenses to copyright infringement but it is also one of the least understood. This article i.......
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The Role of DVRs in Copyright Infringement
July 26, 2013
Post by Blog Staff
InFox Broadcasting v. Dish Network, Fox Broadcasting Company ("Fox") appealed a ruling by the District Court of Central District of California that Fox did not demonstrate a likelihood of success on most of its copyright infringement and breach of contract claims, and that Fox was not entitled to a preliminary injunction against Dish Network. The United States Court of Appeals for the Ninth Circuit affi.......
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New and Useful - July 8, 2013
July 08, 2013
Post by Blog Staff
· The Federal Circuit inUltramercial, Inc. v. Hulu, LLC held that the district court erred in holding that the subject matter of U.S. Patent No. 7,346,545 ('545) is not a "process" within the language and meaning of 35 U.S.C. § 101. The Federal Circuit reversed and remanded this case stating the claims were not abstract and were patent eligible. The '545 patent claims a meth.......
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Fourth Circuit: Plagiarism detection service is fair use of students' copyrighted papers
October 26, 2009
Post by Blog Staff
In a recent decision by the Court of Appeals for the Fourth Circuit, the court decided that the anti-plagiarism service provided by iParadigms at turnitin.com, did not constitute copyright infringement of high school students' papers submitted via the service. Instead, the court held the service was a fair use of the copyrighted works and therefore not infringement under § 107. However, the court revers.......
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Eleventh Circuit: Laches presumed not to apply in copyright case filed during limitations period
July 17, 2008
Post by Blog Staff
In a decision last week, the Eleventh Circuit affirmed in part and vacated in part a district court decision granting summary judgment in a copyright infringement action. The central disagreement between the parties was over the scope of copyright protection in a book about sales techniques. The district court granted the defendant's motion for summary judgment, finding fair use and laches precluded recover.......
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Ninth Circuit: Karaoke is audiovisual work, so not fully covered by - 115 compulsory license
January 03, 2008
Post by Blog Staff
In a decision yesterday, the Ninth Circuit affirmed a district court's dismissal of a complaint for declaratory judgment by a karaoke device manufacturer without leave to amend for failure to state a claim. The complaint sought a declaration that a compulsory license under § 115 of the Copyright Act was a sufficient license for a karaoke device to not only play music, but also display the lyrics in re.......
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Sixth Circuit affirms copyright infringement award against karaoke disc maker
June 26, 2007
Post by Blog Staff
In a decision today, the Sixth Circuit affirmed an award of $806,000 in statutory damages plus attorney fees in a copyright case. The case was brought by a copyright holder against a manufacturer of karaoke discs incorporating the compositions to which the plaintiffs held the copyright.The court upheld the award and finding of willful infringement over the defendant's challenges under the Due Process Clause.......
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Preliminary injunction against Google image search's display of copyrighted images reversed
May 18, 2007
Post by Blog Staff
In a lengthy and tech-heavy opinion [Update (12/4): the court has released an amended opinion, available here], the Ninth Circuit this week reversed a preliminary injunction against Google restricting its image search from displaying thumbnails of images copyrighted by Perfect 10, Inc. There are several aspects of the ruling of interest, such as:Holding that Perfect 10 failed to show Google would not likely p.......
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Academy of Motion Picture Arts and Sciences sues Oscarwatch.com for trademark infringement
May 08, 2007
Post by Blog Staff
The Academy of Motion Picture Arts and Sciences (AMPAS) has sued the operator of the website oscarwatch.com for trademark infringement based on the use of "Oscar" in the website's address. AMPAS holds several federal trademark registrations for "Oscar" for various goods and services, such as "telecasts in connection with recognition of distinguished achievement in the motion pictur.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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McKee, Voorhees & Sease, P.L.C. provides this blog for general informational purposes only. By using this blog, you agree that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between you and McKee, Voorhees & Sease, P.L.C. Do not consider this blog to be a substitute for obtaining legal advice from a qualified, licensed attorney. While we try to revise this blog on a regular basis, it may not reflect the most current legal developments. We consciously refrain from expressing opinions on this blog and instead, offer it as a form of information and education, however if there appears an expression of opinion, realize that those views are indicative of the individual and not of the firm as a whole.

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