Visual artists should be very relieved by last week’s decision at the Fourth Circuit Court of Appeals, overturning the District Court’s finding of fair use in Brammer v. Violent Hues. Frankly, fair use advocates should be happy about the ruling, too, because nobody who sincerely cares about copyright should celebrate an error of law. If a court simply disregards the ...
At the same AI and copyright round-table referred to in my last post, Stephen Carlisle of Nova Southeastern University posed this question: Is the application of “transformative” analysis under the fair use doctrine threatening to extinguish the derivative works right? This grabbed my attention, partly because it jibed with comments I made in at least two posts about Brammer v. ...
Oral arguments were presented this week at the Fourth Circuit Court of Appeals in the case of Brammer v. Violent Hues Productions, Ltd. I first wrote about this story in June of 2018 after a district court in Virginia concurred with an incomprehensible fair use defense—one with implications that threaten the interests of copyright owners in every category. To quote ...
Following up on yesterday’s post about Brammer v. Violent Hues, it occurs to me that this narrative—at least as much as is publicly available—lends itself to a rationale for the proposed CASE Act, which would create a small-claim copyright tribunal at the U.S. Copyright Office. I won’t repeat all the particulars of the bill itself (see post here), but one ...
My colleague Stephen Carlisle at Nova Southeastern University already made short work of the aberration of copyright law and fair use analysis that occurred recently in the District Court for the Eastern District of Virginia. But I wanted to expand on a few elements that caught my attention. In the case Brammer v. Violent Hues Productions, LLC, the court’s deference ...
