The nominative fair use doctrine was first recognized by the Ninth Circuit in New Kids on the Block v. News America Publishing, 971 F. 2d 302 (1992). The elements of this doctrine in the Ninth Circuit ...
In the context of trademarks, “fair use” is the term given to the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a ...
A federal district court in San Francisco ruled that training AI models with copyright-protected works is fair use. 1 On June 23, 2025, Judge William Alsup ruled that Anthropic did not infringe the ...
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 ...
As Leval noted, in the context of fair use, a “transformative”use cannot mean what that term seems to say because “the word ‘transform’ also plays a role in defining ‘derivative works,’ over which the ...
Copyright laws apply to profit and nonprofit organizations. Although U.S. copyright law specifically cites a nonprofit educational purposes as a primary consideration ...
Underlying discussions of fair use of logos are two competing issues: the third party's right to free speech and the cumulative effect on the trademark owner of that third-party's use of elements of ...
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, ...
Writing articles and books is a great marketing technique. But what is fair when it comes to quoting the copyrighted works of others? There is a saying that the faculty members use at my university: ...
Podcasters can avoid infringement cases by understanding copyright and intellectual property laws. (Photo by SAUL LOEB / AFP) (Photo by SAUL LOEB/AFP via Getty Images) Podcasting is a crowded space, ...
The Berkman Center at Harvard University is considering a project that we hope will culminate in the widespread circulation of a Statement of Best Practices regarding fair use for teachers and ...
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