The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith ...

Everyone — including lawyers and judges — likes simple legal rules. And the copyright act seems to provide one, with its fair use provision listing four factors. So determining fair use should be as ...

April must be copyright month. Those who follow copyright, photography and the free press will have their interests piqued by the Southern District of New York’s holding of fair use as a defense to ...

Fair use is a concept in US copyright law that was created to balance the exclusive rights of copyright owners and the needs of everyday users of copyrighted material. Fair use of copyrighted works, ...

Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted ...

The decision in Teradyne v. Astronics illustrates the potential strength of the fair use defense in software cases, even in those involving direct competitors. Last month, in an unpublished memorandum ...

Fair Use Factors McGucken initially filed this copyright suit against Pub Ocean in the Central District of California. McGucken filed a motion for summary judgment focused on Pub Ocean’s fair use ...

Thus, out of four fair use factors, the Court counted two in favour of Arriba, one that was neutral and one that weighed slightly in favour of Kelly. While courts regularly caution against merely ...

In an unanimous decision, the Second Circuit ruled that Google Books' scanning and indexing of books is a transformative use that renders a public benefit, leading to a finding of fair use The ...

A 2019 federal district court’s ruling that a French court’s judgment pertaining to a lawsuit involving copyrighted photos of Pablo Picasso’s was recently reversed. The United States Court of Appeals ...

Generative AI has emerged as a transformative force in technology, creating text, art, music and code that can rival human efforts. However, its rise has sparked significant debates around copyright ...

“Although some questioning by the Justices indicated that they may not be comfortable with the Second Circuit’s ruling…they still questioned Martinez on the proper inquiry on meaning or message for ...