Friday, March 11, 2011

Fairey Obama image still in litigation

Despite the fact the Shepard Fairey and AP settled their differences over Fairey's arguably transformative use of an AP copyrighted photo of President Obama and have agreed to work together to exploit the HOPE image, the AP is suing several retailers who licensed Fairey's work and are exploiting the image on various products.  It will be interesting to see whether or not Fairey's fair use argument holds up, but we'll probably never know - the cases will likely settle.  Here's a link to the rest of the story.

Have  a great day!

Thursday, March 3, 2011

I'm back with a vengenance! WPIX, Inc. v. ivi, Inc.

In this case, the Copyright Office opined that a distributor of broadcast programming over the Internet does not qualify for a compulsory license as a cable system under §111 of the Copyright Act.  The court agreed with the Copyright Office that a service providing Internet retransmissions does not qualify as a cable system.  The compulsory license for cable systems was intended for localized retransmission services and could not be used by a service dedicated to retransmitting broadcast signals nationwide.

Case is from the U.S. District Court, Southern District of New York.

Have a great day!