I listened yesterday morning to oral arguments presented (via video conference) on Monday before the Ninth Circuit Court of Appeals in the case Dr. Seuss Enterprises v. ComicMix LLC. As a quick recap, in 2016, Dr. Seuss Enterprises (DSE) filed a copyright claim against publisher ComicMix over a mash-up book called Oh, the Places You’ll Boldly Go!. The author/illustrator team who created ...

So, this week, the Electronic Frontier Foundation launched its new infographic (stress on graphic) still pitching the idea that it is the IP provisions in the Trans Pacific Partnership agreement that are of the gravest concern.  The EFF states on their site that the infographics are covered by a Creative Commons license* and that anyone is free to use or remix the assets with ...

Every once in a while, a story emerges, usually involving the use of music in either a humorous, provocative, or even offensive context that is then assumed by many to be an example of fair use in the form of parody. Aside from the fact that parody itself does not automatically guarantee a use would be judged fair in an actual ...

In at least a few posts advocating for the right of the copyright holder to control the use of works for reasons other than money, I have raised hypothetical scenarios in which particularly odious entities make use of works in ways that are uniquely offensive to the soul of the original.  Most recently, I employed such hypotheticals on the subject of ...

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