Tag Archives: music

Transformative work of the day, SVB edition

Posted on March 15, 2023 by rtushnet

from Blogger http://tushnet.blogspot.com/2023/03/transformative-work-of-day-svb-edition.html

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WIPIP 2020, Day 2 panel 4

Posted on February 10, 2020 by rtushnet

Panel 4: Copyright Stephanie Bair, Copyright’s Hidden Costs We’ve used the creativity literature to examine the benefits side of ©, but not necessarily the costs. The benefits of engaging in creative pursuits/having creative skills: being good at problem finding, being … Continue reading →

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Amicus brief in Smith v. Drake fair use case

Posted on July 23, 2019 by rtushnet

With the able assistance of UCI’s IP clinic, led by Jack Lerner, I worked on an amicus brief in this case arguing that fair use should continue to be a flexible standard that accommodates various types of transformativeness. The brief … Continue reading →

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Sony’s claim that Michael Jackson performed songs on album was just its opinion

Posted on August 30, 2018 by rtushnet

Serova v. Sony Music Entertainment, — Cal.Rptr.3d —- , 2018 WL 4090622, No. B280526 (Ct. App. Aug. 28, 2018) [This case says a bunch of stuff that’s way too broad for the facts; people who are concerned about things like … Continue reading →

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Three little words make a fair use

Posted on June 14, 2018 by rtushnet

Oyewole v. Ora, 291 F.Supp.3d 422 (S.D.N.Y. 2018) This case grants a motion to dismiss on fair use grounds, though it should have been on lack of substantial similarity in protected expression. Oyewole is a founding member of the spoken-word … Continue reading →

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2017 IPSC Conference at Cardozo School of Law

Posted on August 10, 2017 by rtushnet

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading →

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2017 IPSC Conference at Cardozo School of Law

Posted on August 10, 2017 by rtushnet

Usual disclaimers; there were lots of overlaps where I had to make tough choices, and I favored presentations where I hadn’t previously commented on drafts. Day 1 Breakout Session I Trademark Doctrine Mapping Confusion – Mark. P. McKenna & Rebecca … Continue reading →

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Transformative work of the day, you don’t stop edition

Posted on June 8, 2017 by rtushnet

40 Years of Hip Hop, condensed into 4 minutes. from Blogger http://ift.tt/2rFNXwT

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Reversing meaning is transformative in use of composition, court rules

Posted on June 1, 2017 by rtushnet

Smith v. Cash Money Records, Inc., No. 14-cv-02703 (S.D.N.Y. May 30, 2017) In 1982, Jimmy Smith recorded a mostly instrumental album released by Elektra/Asylum Records titled Off the Top.  The last track is a spoken-word recording titled “Jimmy Smith Rap” … Continue reading →

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Transformative work of the day, Lin-Manuel Miranda edition

Posted on January 16, 2017 by rtushnet

What’s Next?  Since I’m working on 512 roundtable reply comments right now, it seems particularly appropriate to remind everyone that clips can be fair use. from Blogger http://ift.tt/2iF9jWB

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