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The Trademark Blog

Published by Martin Schwimmer

Copyright Fair Use

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Can’t Blog About Times Article On Girl Talk

By Marty Schwimmer on August 7, 2008
Posted in Copyright Fair Use

I see the article, I want to comment on the ‘substituting creativity for your own’ comment, but then I start playing Feed the Animal, people come into my office, they say ‘is that ‘Body Movin’ by the Beastie Boys, we look at the list of the samples, somebody else comes in, they hear…

Text of Decision in 2d Circuit Remote DVR decision

By Marty Schwimmer on August 5, 2008
Posted in Copyright Fair Use

Cartoon Network v Cablevision, 07-1480-cv (2d Cir August 4, 2008).

Redlasso, News Clip Service, Sued, Closes

By Marty Schwimmer on July 29, 2008
Posted in Copyright Fair Use

Redlasso, News clip service, sued, closes.

“Best Fair Use Practices For Online Video”

By Marty Schwimmer on July 7, 2008
Posted in Copyright Fair Use

Center for Social Media: “Fair Use and Online Video“:

Remixes, mashups, fan tributes and other creative work burgeoning in online video often use copyrighted material without permission or payment. When is it fair to do so? In many cases, creators can employ fair use, a key feature of copyright law. Welcome to a

…

Girl Talk And Mashups

By Marty Schwimmer on June 22, 2008
Posted in Copyright Fair Use

Girl Talk is a DJ who records mashups. He explains his method in the clip below. Coverage on Girl Talk here. He is releasing his new album on a Radiohead style pay-what-you-want basis here.
As I listen to Girl Talk’s music I’m reminded of a quote from Spike Jones, the exact…

“Police Investigate Woman With Five Dead Husbands”

By Marty Schwimmer on June 18, 2008
Posted in Copyright Fair Use

Now those are seven words that tell a story. However not all seven words from the AP are as interesting. Bethat as it may, the AP apparently charges for quotations by the word (see rate sheet below) and my quote falls under the 5 to 25 word level for $12.50. Background here.
UPDATE: TechCrunch…

“AP Files 7 DMCA Takedowns Against Drudge ReTort”

By Marty Schwimmer on June 13, 2008
Posted in Copyright Fair Use

Workbench: “AP Files 7 DMCA Takedowns Against Drudge ReTort“:

[Workbench is] currently engaged in a legal disagreement with the Associated Press, which claims that Drudge Retort users linking to its stories are violating its copyright and committing “‘hot news’ misappropriation under New York state law.” An AP attorney filed six Digital Millenium Copyright

…

“Who Owns Your Comments?”

By Marty Schwimmer on June 10, 2008
Posted in Copyright, Copyright Fair Use

Dave Winer: “Who Owns Your Comments?“:

When you place a comment on my blog, you’re adding something to the record here, but you’re also adding to the library of your written work.
So the question is: “Who owns the comment?”

Oregon v Justia re Oregon Statutes con’t

By Marty Schwimmer on May 3, 2008
Posted in Copyright Fair Use

Boing Boing: “Archivists to Oregon: your laws aren’t copyrighted, so there!”

Oregon v Justia re Oregon Statutes

By Marty Schwimmer on April 21, 2008
Posted in Copyright Fair Use

Justia makes various legal materials available. I’m able to provide trademark complaints because of the useful RSS Feed Justia makes available. Justia has received a demand letter from the state of because of its reproduction of annotated Oregon statutes.

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