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Tag Archives: fair use

Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

Yesterday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v. UMG – 9th Circuit
The case centered on this video.

As a father of two kids, the scene is very familiar. After … Continue Reading

Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School.  I can’t remember if we won second or third place — there was stiff competition at AMS and someone with real talent actually won.
It’s a good thing I did … Continue Reading

Copyrights, Fair Use and Elections

The mid-terms are coming up, so you know there will be stories of politicians getting into clashes with artists over the use of songs and other content in ads and at rallies.  In Texas, for better or worse, the real competition is often in the Republican primary and several run-offs have already brought up some … Continue Reading

Infographic: The Use of Images From The Web on Your Site, Newspaper or Broadcast

We created this infographic for some of our media clients to give them a one-page cheat sheet on the analysis they need to do when trying to decide whether they can use an image from the internet in a pinch.
The infographic includes all the caveats because rarely can a legal issue be discerned down to … Continue Reading

Who Owns Your Photos and Texts on Your Old Cell Phones?

An artist purchased old Razr cell phones and then published what he found on those phones in a new book after his original artistic idea fell through.
You can watch Andrew Horansky’s KHOU-TV story to learn more of what happened.
You can also read more on it here from Dwight Silverman’s TechBlog.
From the legal perspective, there are several issues that … Continue Reading