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Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich
Keinitz V. Sconnie Nation, Llc: The Seventh Circuit's Necessary Resistance To Defining The Fair Use Doctrine Solely In Terms Of Transformativeness, Alexander Perwich
Marquette Intellectual Property Law Review
Under the fair use doctrine, use of a copyrighted work is not an infringement on a copyright if, after consideration of four factors, a court considers the use to be fair. The four factors courts are required to consider are: (1) “the purpose and character of the use;” (2) “the nature of the copyrighted work;” (3) “the amount and substantiality of the portion used in relation to the copyrighted work as a whole;” and (4) the effect the use has on “the potential market for or value of the original copyrighted work.” A circuit split exists between the Second and …
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu
Marquette Intellectual Property Law Review
New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …