Fair Use

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(in US copyright law) The doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.

On December 27, 2020, as part of the omnibus spending and COVID-19 relief bill (the Consolidated Appropriations Act, 2021), President Trump signed into law the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act of 2020), which establishes a small-claims tribunal within the U.S. Copyright Office to adjudicate…
Continue Reading COVID-19 Relief Legislation Includes the CASE Act of 2020, Establishing a Small-Claims Tribunal Within the U.S. Copyright Office

On November 2, 2020, Judge Allyne Ross of the Eastern District of New York dismissed copyright claims brought by Danish photographer Michael Barrett Boesen against a sports website for its use of an Instagram post by former top-ranked tennis star Caroline Wozniacki that itself used a photograph by Boesen.[1]…
Continue Reading Defendant Prevails on “Fair Use” of Embedded Instagram Post

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Appropriation artist Richard Prince’s Motion to Dismiss is now fully briefed in Graham v. Prince et al., teeing up for Judge Stein of the Southern District of New York key questions regarding the scope of the fair use defense in the context of contemporary art……
Continue Reading Fair Use Filter? Richard Prince Moves to Dismiss Donald Graham’s Lawsuit