fair use

  • Fandom and Fair Use – Fan Art

    Fandom and Fair Use – Fan Art

    Anthony Cartee

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    Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations are wholly original and do not constitute copyright infringement, sometimes these works can cross the line and open the door to legal liability. What is Fan Art and How Does It Relate to Copyright Law? Many fans enjoy creating original artwork based on their favorite… Read More

  • Nominative Fair Use: One Defense Against a Brand Bully

    Nominative Fair Use: One Defense Against a Brand Bully

    Anthony Cartee

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    Understanding Brand Bullies On top of today’s extremely competitive market, small businesses may be also dealing with a “brand bully.” Also known as a trademark bully, a brand bully is a company that resorts to litigation and uses its trademark rights to harass and intimidate another business without a sound legal basis. These companies often file oppositions against marks or the use of their alleged mark that would not directly or substantially damage them. The brand bullies primarily rely on their “fame” or “strength” of their marks, and the smaller business’s lack of resources for prolonged litigation. Typically, these brand… Read More