Ahoy Matey AttorneySteve

Attorney Steve® Copyright Infringement Essentials - Fair Use Defense

In the Mattel Barbie photo infringement case, the issue of fair use defense was a major factor in the trial. Mattel sued Walking Mountain Productions, an independent production company, for copyright infringement. The basis of the claim was that Defendant had used images of Barbie dolls in photos they produced without the permission of Mattel.

At the trial, Walking Mountain argued that their use of the images was protected under the fair use doctrine. The doctrine of fair use is a defense to copyright infringement that allows the limited use of copyrighted material without the permission of the copyright holder.

The doctrine states that certain uses of copyrighted material may be allowed without the permission of the copyright holder if the use is for a specific purpose or falls into certain categories of use. In the case of Walking Mountain Productions, they argued that their use of the images was for the purpose of parody and satire, which falls under the fair use doctrine. In the end, the court agreed with Walking Mountain, ruling that their use of the images was a protected form of fair use. This case serves as an example of how the fair use doctrine can be used to protect artists and other creators from copyright infringement.

It also serves as a reminder that artists need to be aware of their rights when it comes to copyright law and the fair use doctrine. Artists should always seek legal advice if they are unsure whether their use of copyrighted material is protected by the fair use doctrine.

 

Attorney Steve® Copyright Law Essentials - Fair Use Factors

FAIR USE SHORTS EPISODE#1 - Using photos to criticize a political opponent.

Fair use is an invaluable tool when it comes to copyright infringement. It is a longstanding defense and provides allowance for copyrighted material to be reused or reworked, providing the user acknowledges the original photograph. Navigating this legal and ever-evolving issue can be tricky; however, there are four factors which help determine if the utilization of a photograph falls under fair use:

(1) Purpose & Character,

(2) Nature of Copyrighted Work,

(3) Amount & Substantiality,

and

(4) Effect on Potential Market.

Taking these into account can help you stay within the bounds of usage for a given photograph and always acknowledge its origin story.  For legal services visit AttorneySteve.com

Attorney Steve® Software Audit Essentials - Autodesk tactics to avoid having clients hire legal counsel (while they also have legal counsel).

Vondran Legal® has likely handled more software audits with Autodesk than any other lawyer in the United States. We have handled HUNDREDS of cases over the years.  Recently, we see a new tactic they are trying to do to keep the playing field UNLEVEL.  It appears they do not really want Autodesk clients to have legal counsel assisting them in representing their interests in a software audit.  Meanwhile, Autodesk has a team of its own in-house lawyers that routinely work on these cases.  Is this an intentional interference with a contract (my retainer agreement)?  I review the factors for the California tort in this podcast, and all rights are hereby reserved as I take a closer look at the viability of bringing a lawsuit against them.  The audit clause says nothing about you have no right to lawyer, and if you do hire a software attorney, then they can raise the settlement a percentage that they are literally making up on the fly.  We have heard the fees will jump 25%, 30% and one lawyer told us he was handling a case and there was no raise in fee.  This amounts to what appears to be an intentional tortious interference with my legal rights.  Stay tuned.

Vondran Legal - Crypto & NFT Law - Ripple vs. SEC (motion for summary judgment).

Ripple, the company behind the third-largest cryptocurrency by the same name, is facing a lawsuit from the U.S. Securities and Exchange Commission (SEC). The SEC alleges that Ripple violated federal securities laws by selling unregistered securities in the form of its XRP tokens. Ripple has motioned for summary judgment, arguing that XRP is not a security and that the SEC's case is "legally and factually unsupportable." If the court rules in favor of Ripple, it would deal a major blow to the SEC's efforts to regulate cryptocurrencies. However, if the court rules against Ripple, it could have far-reaching implications for the cryptocurrency industry as a whole. Either way, the outcome of this lawsuit will have major implications for the future of cryptocurrencies.

Watch our previous podcast to hear the reading of the SEC motion for summary judgment:  https://www.blogtalkradio.com/attorneysteve/2022/09/25/sec-vs-ripple-motion-for-summary-judgment-reading

Attorney Steve® Crypto Lawyer - SEC vs. Ripple

On December 22, 2020, the U.S. Securities and Exchange Commission (SEC) filed a motion for summary judgment against Ripple Labs Inc. and two of its executives, alleging that they had raised over $1.3 billion through an unregistered securities offering. The SEC's complaint alleges that Ripple's sales of digital tokens, known as XRP, constituted an "investment contract" under U.S. securities laws, and that Ripple violated these laws by failing to register the offering with the SEC. In its motion for summary judgment, the SEC argues that there is no genuine dispute of fact that Ripple's XRP tokens are securities, and that Ripple is therefore liable for violating the securities laws. A hearing on the motion is scheduled for December, 2022.

Attorney Steve® Fair Use Basics

Film producers and video creators have a real chance today to be the next Stephen Spielberg.  Content abounds on the internet, and sites like Instagram rolls, YouTube shorts, and TikTik videos can provide a chance to get your name out there and potentially even make money in the career you love.  Many times, the top creators (just like the top teachers and top lawyers) are storytellers.  Many times you need third party content to help tell your story.  In this case, there are several ways to go about it:

1.  Get permission from the Rights holder (ex, the photographer for a photo you want to use or the music rights to a song you want to use).  Typically, you would want this in writing and there may be a fee involved, and it could take some time and technique to make sure you are dealing with the proper parties.  For music, you need to get the rights from both the publisher and the holder of master use rights (ex. the record label).  You will need a "synch license" as well if you are putting music/song to visual arts/movies.

2.  Another way is to find "public domain" content.   Typically, movies and videos from the 1800's would be free to use as most copyrights have run out (double check).  However, if you get it wrong or miscalculate, you could face a copyright infringement lawsuits.

3.  Another way is to qualify for "fair use" (best to use a fair use opinion letter and an IP firm like ours).  Fair use is a statutory right under 17 U.S.C. 107 but there are four factors you need to analyze.

This podcast helps highlight, in general terms (not legal advice) some of the issues you may have as a content creator.  AttorneySteve.com