Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Bette Midler is an American singer, actress, comedian and author. Throughout her career, which spans over five decades, Midler has received numerous accolades, including four Golden Globe Awards, three Grammy Awards, three Primetime Emmy Awards, two Tony Awards and a Kennedy Center Honor, in addition to nominations for two Academy Awards and a British Academy Film Award.
A scène à faire is a scene in a book or film which is almost obligatory for a book or film in that genre. In the U.S. it also refers to a principle in copyright law in which certain elements of a creative work are held to be not protected when they are mandated by or customary to the genre.
Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985), was a United States Supreme Court decision in which public interest in learning about a historical figure's impressions of a historic event was held not to be sufficient to show fair use of material otherwise protected by copyright. Defendant, The Nation, had summarized and quoted substantially from A Time to Heal, President Gerald Ford's forthcoming memoir of his decision to pardon former president Richard Nixon. When Harper & Row, who held the rights to A Time to Heal, brought suit, The Nation asserted that its use of the book was protected under the doctrine of fair use, because of the great public interest in a historical figure's account of a historic incident. The Court rejected this argument holding that the right of first publication was important enough to find in favor of Harper.
In re Aimster Copyright Litigation, 334 F.3d 643, was a case in which the United States Court of Appeals for the Seventh Circuit addressed copyright infringement claims brought against Aimster, concluding that a preliminary injunction against the file-sharing service was appropriate because the copyright owners were likely to prevail on their claims of contributory infringement, and that the services could have non-infringing users was insufficient reason to reverse the district court's decision. The appellate court also noted that the defendant could have limited the quantity of the infringements if it had eliminated an encryption system feature, and if it had monitored the use of its systems. This made it so that the defense did not fall within the safe harbor of 17 U.S.C. § 512(i). and could not be used as an excuse to not know about the infringement. In addition, the court decided that the harm done to the plaintiff was irreparable and outweighed any harm to the defendant created by the injunction.
A sound-alike is a recording intended to imitate the sound of a popular record, the style of a popular recording artist, or a current musical trend; the term also refers to the artists who perform on such recordings. In the voice-over world, it may also refer to those who recreate the voice and vocal mannerisms of a given celebrity's vocal performance.
"Do You Want to Dance" is a song written by American singer Bobby Freeman and recorded by him in 1958. It reached number No. 5 on the United States Billboard Top 100 Sides pop chart and No. 2 on the Billboard R&B chart. Cliff Richard and the Shadows' version of the song reached No. 2 in the United Kingdom in 1962, despite being a B-side. The Beach Boys notably covered the song in 1965 for their album The Beach Boys Today!. Retitled "Do You Wanna Dance?", their version reached No. 12 in the United States. A 1972 cover by Bette Midler with the original title restored reached No. 17.
In copyright law, related rights are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighbouring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law.
Bourne Co. Music Publishers is an American publisher of sheet music, and one of the largest privately held international music publishers in the world, with over three thousand titles in their catalogue. Subsidiaries include Bourne Music Canada Limited, Bourne Music France, and Bourne Music Ltd. (UK).
In copyright law, a derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work. The derivative work becomes a second, separate work independent from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
Mattel v. MCA Records, 296 F.3d 894, was a series of lawsuits between Mattel and MCA Records that resulted from the 1997 hit single "Barbie Girl" by Danish-Norwegian group Aqua. The case was ultimately dismissed.
Inwood Laboratories Inc. v. Ives Laboratories, Inc., 456 U.S. 844 (1982), is a United States Supreme Court case, in which the Court confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act.
Mavrix Photo, Inc. v. Brand Technologies, Inc., 647 F.3d 1218, is a case in American intellectual property law involving personal jurisdiction in the context of internet contacts.
Moseley v. V Secret Catalogue, Inc., 537 U.S. 418 (2003), is a decision by the Supreme Court of the United States holding that, under the Federal Trademark Dilution Act, a claim of trademark dilution requires proof of actual dilution, not merely a likelihood of dilution. This decision was later superseded by the Trademark Dilution Revision Act of 2006 (TDRA).
Miller v. Universal City Studios, Inc. is a case where an appeals court found that although the plaintiff apparently deserved to prevail, it reversed the jury verdict and remanded the case for retrial because it found reversible error in the trial judges' instructions to the jury. The appellate court found that the judge's jury instructions, which included the statement that the labor of research by an author is protected by copyright, had been given in error. The court noted that plaintiff, over the objection of the defense, had urged the district court judge to include this instruction.
"When Sunny Gets Blue" is a song written by Marvin Fisher (music) and Jack Segal (lyrics), which has become a jazz standard. The song was originally recorded in September 1956 by Johnny Mathis backed by Ray Conniff and his Orchestra, released in February 1957 as the B-side of Mathis's debut single "Wonderful! Wonderful!". The song was included on the compilation album Johnny's Greatest Hits, released in April 1958. The album was a smash hit, staying on the Billboard pop chart for 490 weeks, including 3 weeks at number 1, and 57 weeks in the Top Ten.
Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works.
Arnstein v. Porter, 154 F.2d 464 is a case in the law of copyright in the United States which set a precedent for determining substantial similarity for copyright infringement.
One of the offending advertisements that prompted Midler's lawsuit. This 1986 ad for the Mercury Sable features a remake of "Do You Want to Dance" sung by a singer whose voice has an uncanny resemblance to Midler's.
