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Fair Use

Henley v. DeVore: Musical Copyright Protection and Political Parody

Robert Dewald is a JD Candidate at Osgoode Hall Law School The race for political office is competitive and fraught with risk where adversaries seek out support by advertising and creating political platforms to appeal to the majority of voters.  As the cost of political campaigns mount, politicians on the campaign trail seek advantages whenever […]

“Fairey Use” in the Courts: The Battle Over the Obama “Hope” Poster

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. The copyright infringement lawsuit centering around the iconic Obama “Hope” image recently took a strange turn. On one side is the controversial artist Shepard Fairey, who produced the famous poster; on the other is the Associated Press, who claims ownership of the […]

Movie Monsters, Fair Use and Best Practices in the U.S.

Patricia Aufderheide is a Professor in the School of Communication at American University in Washington.  She is also the Director of the Center for Social Media. The U.S. doctrine of fair use is getting a healthy workout, and it seems like every challenge is making it stronger. In fact, fair use is becoming a very […]

U.S. Circuit Court of Appeals Rules that Turnitin’s Fight Against Plagiarism Does Not Violate Student Intellectual Property Rights: A Dissenting Opinion

Stephen Sharon is a recent graduate of Touro Law School in New York where he focused on intellectual property.  Stephen was also the first place winner of the Nathan Burkan Memorial Competition sponsored by the American Society of Composers, Authors and Publishers (ASCAP) for his submission of a case study about the legal battle between […]

“Fair Use” Helps in Battle Against Plagiarism of Student Papers

Afroditi Theodoridou is a PhD student at Osgoode Hall Law School. On April 16, 2009, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s decision in favour of iParadigms who operates the “Turnitin Plagiarism Detection Service”. This online system evaluates the originality of submitted written assignments by comparing them with […]

YouTube Reality Check

Lawrence Lessig, copyright activist and founder of Creative Commons, is promoting his new book “Remix”. In a recent Wall Street Journal column, he raises a number of criticisms of copyright law and suggests several reforms. One criticism focuses on YouTube and amateur videos that incorporate elements from copyrighted works. Lessig attempts to make his point […]