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Fordham Intellectual Property, Media and Entertainment Law Journal

Fair use

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Full-Text Articles in Entertainment, Arts, and Sports Law

Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson Jan 2021

Copyright Fair Use And The Digital Carnivalesque: Towards A New Lexicon Of Transformative Internet Memes, David Tan, Angus J. Wilson

Fordham Intellectual Property, Media and Entertainment Law Journal

The influence of social media in the 21st century has led to new social norms of behavior with individuals presenting themselves to others, whether physically or virtually, on various social media platforms. As a result, these new trends have led recent society to be characterized as a “presentational cultural regime” and a “specular economy.” In a Bakhtinian digital carnivalesque, internet memes present a feast of challenges to exceptions and limitations in copyright law. Memes encompass a wide range of expression about the human experience, while also existing as a playful mode of culturally permissible expression in online social communications rather …


Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser Jan 2020

Anything You Can Use, I Can Use Better: Examining The Contours Of Fair Use As An Affirmative Defense For Theatre Artists, Creators, And Producers, Benjamin Reiser

Fordham Intellectual Property, Media and Entertainment Law Journal

Broadway is booming. In a post-Hamilton world, ticket sales and attendance records for the commercial theatre industry continue to break season after season. At the same time (and perhaps not so coincidentally), litigation against theatre artists, creators, and producers has surged, especially in the realm of copyright infringement. Many theatre professionals accused of infringement in recent years have employed the doctrine of fair use—codified at 17 U.S.C. § 107—as an affirmative defense against such claims. This Note explores cases involving theatre professionals in which fair use was examined and contends that they collectively reflect broader historical trends in fair …


Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado Jan 2019

Care For A Sample? De Minimis, Fair Use, Blockchain, And An Approach To An Affordable Music Sampling System For Independent Artists, Sean M. Corrado

Fordham Intellectual Property, Media and Entertainment Law Journal

Thanks, in part, to social media and the digital streaming age of music, independent artists have seen a rise in popularity and many musicians have achieved mainstream success without the affiliation of a major record label. Alongside the growth of independent music has come the widespread use of music sampling. Sampling, which was once depicted as a crime perpetrated by hip-hop artists, is now prevalent across charttopping hits from all genres. Artists have used sampling as a tool to integrate cultures, eras, and styles of music while experimenting with the bounds of musical creativity. Artists whose works are sampled have …


Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham Mar 2010

Can Newspapers Be Saved? How Copyright Law Can Save Newspapers From The Challenges Of New Media, Keiyana Fordham

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon Dec 2009

Teaching Without Infringement: A New Model For Educational Fair Use , David A. Simon

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley Dec 2009

The Public As Creator And Infringer: Copyright Law Applied To The Creators Of User-Generated Video Content , David E. Ashley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid Mar 2009

Fair Game: The Application Of Fair Use Doctrine To Machinima. , Christopher Reid

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Four Free Speech Goals For Trademark Law, William Mcgeveran Jun 2008

Four Free Speech Goals For Trademark Law, William Mcgeveran

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden Mar 2008

Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino Oct 2006

Fairly Used: Why Google’S Book Project Should Prevail Under The Fair Use Defense, Melanie Costantino

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne Oct 2006

Imperfect 10: Digital Advances And Market Impact In Fair Use Analysis, Britton Payne

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima Dec 2004

Tasini And Its Progeny: The New Exclusive Right Or Fair Use On The Electronic Publishing Frontier?, Lateef Mtima

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet Mar 2004

Panel Ii: Public Appropriation Of Private Rights: Pursuing Internet Copyright Violators. , Michael Carlinsky, Justin Hughes, Rebecca Tushnet

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett Dec 2001

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Deconstructing The Fair Use Doctrine: The Cost Of Personal And Workplace Copying After American Geophysical Union V. Texaco, Inc., Nicole B. Cásarez Mar 1996

Deconstructing The Fair Use Doctrine: The Cost Of Personal And Workplace Copying After American Geophysical Union V. Texaco, Inc., Nicole B. Cásarez

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird Mar 1993

Copyrighting Newscasts: An Argument For An Open Market, Michael W. Baird

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines Oct 1992

Wright V. Warner Books, Inc.: The Latest Chapter In The Second Circuit's Continuing Struggle With Fair Use And Unpublished Works, Ginger A. Gaines

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz Mar 1992

Beyond Betamax And Broadcast: Home Recording From Pay Television And The Fair Use Doctrine, Joni Lupovitz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras Mar 1992

Incidental Artwork In Television Scene Backgrounds: Fair Use Or Copyright Infringement?, Alexandra Lyras

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor Mar 1992

Rap Parodies?: An In-Depth Look At Acuff-Rose Music, Inc. V. Campbell, Robert B. O'Connor

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie Oct 1991

Recent United States Copyright Reforms: Congress Catches The Spirit Of Berne, Graeme B. Dinwoodie

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.