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Articles by Samuel Fifer
Fair Use – Clarity Around the Corner? | JD Supra
Legend has it that Judge Learned Hand wrote this line in a per curiam opinion, Dellar v. Samuel Goldwyn, Inc.1: “[T]he issue of fair use...is the most troublesome in the whole law of copyright….” As recent court decisions reflect, there is turmoil in copyright law, specifically regarding the fair use doctrine in the context of transformative works, but more clarity may be approaching. The Second Circuit’s recent panel holding in the Warhol v.
Recent Dismissal of False Advertising Litigation Due to Unclean Hands and Lack of Causation | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
Supreme Court strikes down Lanham Act's disparagement clause as unconstitutional
In a landmark decision that will significantly impact those seeking to block or cancel trademarks they consider offensive, the U.S. Supreme Court has struck down the "disparagement clause" of the federal trademark registration act (also known as the Lanham Act) as an unconstitutional impairment of free speech. Matal v. Tam ("Tam"), 582 U.S. ___ , No. 15-1293, Slip Op. (June 19, 2017).
Lessons Public Figure Clients Can Learn from Prince’s Estate
“I was dreamin’ when I wrote this, so sue me if I go 2 fast”1 The management of Prince Rogers Nelson’s (better known simply as “Prince”) artistic life suggests much concern for legacy and reputation, yet it appears he died without a will. If true, there’s no plan for his $500 million dollar estate. Nor is it clear who controls his royalty rights—or the fate of his unreleased music. Indeed, Prince’s music, image and likeness may be used in any number of ways that he never intended.
How Book Publishers & Authors Can Protect Their Rights Abroad
Marshall McLuhan, the famous social scientist, told us more than 50 years ago that newer and more powerful means of communication have turned the world into a “global village,” something that brings people together at one level, but at another level, complicates social relationships.
How Publishers Can Protect Their Data & the Privacy of Their Customers
In the “data wars” being fought today, hackers are targeting computer systems and individuals’ accounts, meaning that consumers are often their top targets and victims. But that does not mean that businesses are immune — far from it. Businesses are composed of people and the most valuable data, and the richest targets available, relate to human beings.
The Supreme Court's take on Kirtsaeng II will impact attorneys' fees decisions in copyright matters
The landmark copyright case Kirtsaeng v. John Wiley & Sons is back before the US Supreme Court, this time on the issue of the appropriate standard for determining whether to award attorneys’ fees to a prevailing party. Whatever its outcome, this decision will have important implications for plaintiffs and defendants alike in copyright and possibly other intellectual property cases. In 2013, the Supreme Court decided Kirtsaeng v.
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