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Category Archives: Fair Use

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Sarah Palin and North Jersey Media Group Battle Over “Fair Use” of Famous 9/11 Photo

Posted in Copyright, Fair Use

Written by: Susan Neuberger Weller The iconic “Raising the Flag at Ground Zero” photo of firemen raising an American flag on September 11, 2001, which appeared on the cover of The Record newspaper and other newspapers on September 12, is at the heart of a lawsuit filed in Federal District Court in New York. The… Continue Reading

THE COPYRIGHT ALERT SYSTEM – COPYRIGHT INFRINGEMENT AND THE EDUCATIONAL APPROACH

Posted in Copyright, Copyright Infringement, Fair Use

Written by:      Joseph M. DiCioccio There have been many attempts over the last few years to address online copyright infringement.  The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to educate and alert the public about the dangers and harm caused by copyright… Continue Reading

Further to the “Copying from the Internet” Issue…..

Posted in Copyright, Copyright Infringement, Damages, Fair Use, Litigation

Written by Susan Neuberger Weller In our August 14th blog, we explained why just because you can copy something from the Internet, doesn’t mean you should copy from the Internet. A case on this very issue that has been around for several years involved the well-known “Hope” poster of President Obama’s face made during the… Continue Reading

Just Because You Can Copy It Does Not Mean That You May Copy It

Posted in Copyright, Copyright Infringement, Damages, Digital Millenium Copyright Act, Fair Use, Pinterest, Safe Harbor

Written by Susan Neuberger Weller In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources. Courts have found third party liability for willful and innocent copyright infringement for the use of individual photographs and have awarded damages to copyright… Continue Reading

Rules for Use of Music at Political Campaign Events

Posted in Copyright, Copyright Infringement, Fair Use, Music, Trademark, Trademark Infringement

National Public Radio had a story yesterday on politicians’ use (or misuse) of music at campaign events.  It sets forth three seemingly simple rules for politicians to follow in order to avoid copyright and/or trademark based claims arising from such use:  (1) know your venue; (2) know when to ask for permission; and (3) “know when to fold’em.”   The American… Continue Reading

Copyright Lessons from the Campaign Trail: Romney, Gingrich and Fair Use

Posted in Copyright, Copyright Infringement, Fair Use

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to — what else — trademark issues.    Now, U.S. copyright law is in the spotlight of the Republican primary campaign.  First, Republican presidential hopeful Mitt Romney is considering whether to pull a television ad that is comprised… Continue Reading