Is It Fair Use? Dockless Bike Edition

What Happens When the Way Your Licensee Used Your Work Comes in for Criticism? On August 6, 2018, the New York Post published this article, “Dockless Bikes Are Already Clogging NYC Sidewalks.” The journalists reported that, of 100 dockless bikes placed in a certain...

I Found it on the Internet, So it's Fair Use, Take Three

The Obligatory City Skyline Richard Bell[ref]NOT to be confused with Keith Bell, another copyright plaintiff I blogged about recently.[/ref] is a former attorney who took photographs of his law firm’s hometown, Indianapolis, particularly its skyline. There’s a natural...

Is it Fair Use? I Found it on the Internet, Ma! Can I Keep It?

Is Ignorance Relevant to Fair Use? It’s time once again for Is It Fair Use?, the mind-bending, pulse-racing game that’s sweeping the nation.[ref]Since 2011! By our estimates, if the game had started sweeping the nation in Miami, it will have spread as far as Hialeah...

Here's a Poser: Can You Protect a Pose?

You Can Strike a Pose, but Can a Pose Be Striking? Ages ago, I started off my copyright courses with a couple of old but good photography cases, as a way of stretching the students’ minds about what constitutes “copying” and what constitutes “creativity.” The first...

Is it Fair Use? Photography and Creative Commons Edition

Does Distributing a Work Under Creative Commons Mean That Your Work Has No Economic Value? A professional photographer finds a political website has used his photographs of celebrities in concert to show that the celebrities agree with the website’s viewpoint....