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Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992), [1] is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use ...
The court addressed Penguin's fair use defense under parody by analyzing the four factor test in 17 U.S.C. § 107 and concluded that the District Court's ruling against fair use was not erroneous. For the first factor analyzing the purpose and commercial use of the work, the court determined it to be against fair use based on the commercial use ...
The court held that the Moscow on the Hudson poster was not a parody because it was not meant to satirize the Steinberg image itself, but merely satirized the same concept of the parochial New Yorker that was parodied by Steinberg's work. Because the copyrighted work was not an object of the parody, the appropriation of the image was not fair use.
Toward a Fair Use Standard", 103 Harv. L. Rev. 1105 (1990), is a law review article on the fair use doctrine in US copyright law, written by then-District Court Judge Pierre N. Leval. The article argued that the most critical element of the fair use analysis is the transformativeness of a work, the first of the statutory factors listed in the ...
A Supreme Court debate Wednesday over parody and popular commercial brands was dominated by talk of whiskey bottles, dog toys, pornography and poop. The case, Jack Daniel's Properties Inc., v.
Issue: The main question was whether 2 Live Crew's parody qualified as fair use under copyright law, exempting it from copyright infringement. Judgment: The Supreme Court ruled in favor of 2 Live Crew, holding that their parody was a transformative work and constituted fair use. The decision emphasized the importance of transformative use in ...
Many of the same points of law that were litigated in this case have been argued in digital copyright cases, particularly peer-to-peer lawsuits; for example, in A&M Records, Inc. v. Napster, Inc. in 2001, the Ninth Circuit Court of Appeals rejected a fair use "space shifting" argument raised as an analogy to the time-shifting argument that ...