Category Archives: copyright

Campbell conference: copyright and music licensing

Posted on April 18, 2015 by rtushnet

Panel V. Copyright and Music Licensing (Moderator, Dean O’Connor)   Peter Menell, U.C. Berkeley: We seem to approach fair use depending on how we approach our careers. Lawyers: fair use is attractive b/c it has so much potential.  Social science: … Continue reading →

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Campbell conference: Justin Hughes keynote

Posted on April 17, 2015 by rtushnet

Closing Keynote Address: Justin Hughes   In a world of complex laws, like tax regulation, everyone likes the idea of a rule that’s both general and exculpatory—fun and safe because when you’re applying a multifactor test it’s very difficult to … Continue reading →

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Campbell conference: future of digital tech

Posted on April 17, 2015 by rtushnet

Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O’Connor)   O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system.   Robert Brauneis, George Washington University: … Continue reading →

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Campbell conference: Judge Leval keynote

Posted on April 17, 2015 by rtushnet

Keynote Address: The Honorable Pierre Leval   Earned a reversal rate of 67% in his significant fair use cases; at the cutting edge of law in the role of the salami.  Campbell: good framework for authors, without manacles on science. … Continue reading →

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Campbell conference: ethical and strategic issues in fair use litigation

Posted on April 17, 2015 by rtushnet

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve)   Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission?   Lydia Loren, Lewis & Clark: for all its positive effects, she … Continue reading →

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Campbell conference: transformative use across the arts

Posted on April 17, 2015 by rtushnet

Panel II. Transformative Use Across The Arts (Moderator, Professor Said)   Annemarie Bridy, Idaho: Role of aesthetic judgments in fair use cases. Bleistein principle of aesthetic neutrality/nondiscrimination.  Campbell said it wouldn’t judge whether the parody was good, just whether it … Continue reading →

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Campbell conference: overview on fair use

Posted on April 17, 2015 by rtushnet

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz)   Barton Beebe, NYU   Updated dataset 1978-2014: 460 opinions. Available on his website.  Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at … Continue reading →

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Pam Samuelson on futures of fair use

Posted on April 17, 2015 by rtushnet

University of Washington School of Law: Fair Use In The Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose’s “Transformative Use Test” (aka Campbell at 21)   Opening Keynote Address: Professor Pam Samuelson: Possible Futures of Fair Use   Campbell … Continue reading →

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court declines to dismiss hashtag infringement claim

Posted on April 8, 2015 by rtushnet

Fraternity Collection, LLC v. Fargnoli, 2015 WL 1486375, No. 3:13–CV–664 (S.D. Miss. Mar. 31, 2015)   Fraternity Collection designs and sells shirt, including the “Pocket Shirt,” a custom article of clothing in which customers pick a particular style of shirt … Continue reading →

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picture of refurbished equipment wasn’t literally false passing off

Posted on March 19, 2015 by rtushnet

Stolle Machinery Co., LLC v. RAM Precision Industries, — Fed.Appx. —-, 2015 WL 1137429, No. 13–4103 (6th Cir. Mar. 16, 2015)   Stolle makes used to produce food and beverage cans. Stolle’s former employee, Shu An moved back to China, … Continue reading →

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