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Fair use as a sword? The dancing baby case

Fair use as a sword? The dancing baby case

It all started when Lenz posted a YouTube video of her then-toddler-aged son dancing while Prince’s song “Let’s Go Crazy” played in the background, and Universal used copyright claims to get the link disabled. The case brought to the court is: whether a rightsholder can use the Digital Millennium Copyright Act to take down an obvious fair […]

Different interpretation of “purpose and character of the use” in US fair use doctrine – Andy Warhol decision commentary

Different interpretation of “purpose and character of the use” in US fair use doctrine – Andy Warhol decision commentary

The Andy Warhol decision released in May of this year reflects the US court’s latest interpretation of the fair use doctrine, and sparked controversy of what constitutes the first factor in the fair use doctrine, namely, “the purpose and character of the use”. The differences between the majority and dissent opinions highlight the tension between […]