Tag Archives: fair use

Less Hope For Shepard Fairey In Obama Hope Poster Case?

If the street artist, Shepard Fairey, initially thought the copyright litigationover the Obama Hope poster would be a good-natured pillow fight with the Associated Press, he probably knew that it was going to get ugly once it came to light that he was less than … Continue reading

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Federal Circuit: Korean War Memorial Stamp Violated Sculptor’s Copyright

Sometimes a 37¢ stamp does buy quite a bit.  One lucky sculptor, Frank Gaylord, may find that such a stamp could give him some extra spending money in the neighborhood of six or seven figures. The Court of Appeals for the Federal Circuit recently reversed the … Continue reading

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Now For Something Completely Different: Mattel Licenses “Barbie Girl” From Aqua

A commercial that played this Halloween promoting a new line of Barbie Fashionista dolls reminded me of an earlier blog post in which I wrote about some of the legal lessons learned from Barbie.  One of those lessons involved the parody of Barbie in the song “Barbie … Continue reading

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A Stunning Confession Potentially Destroys Fariey’s Fair Use Defense

Despite depictions in TV shows and the movies, most court cases do not involve dramatic confessions, cover ups and Presidential politics.  Of course, most court cases don’t involve Stephen Fairey.  From pasting the Obey Giant (now his Twitter name) and other “Obey” posters on public property … Continue reading

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Michael Jackson: The Music And Copyright Infringement Lawsuit Continues

While on a vacation in Northern Michigan recently, Michael Jackson’s “Thriller” started playing in a local tavern.  The song seemed out of place in the northern woods, but as I looked around, I could sense that the conversation at a number … Continue reading

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Can Google Sell Trademarks As Keywords To Trigger Advertising?

If I search for “Delta Airlines” on Google so I can book my flight to Washington D.C. to see the cherry blossoms, can Google sell American Airlines the “Delta” trademark as a keyword to ensure that American’s advertisement appears with my search results?  It does not appear … Continue reading

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Happy Birthday Barbie! Things I Learned From Barbie . . .

Barbie, the iconic doll who lines the shelves of big box and mom-and-pop toy stores everywhere, celebrates her 50th birthday today.  I was more of a G.I. Joe kid growing up, but I’ll be the first to admit that Barbie has done more for … Continue reading

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