Tim is a Fellow at the Center for Internet & Society. He splits his time between representing authors, filmmakers, musicians, and others who rely on copyright fair use in creating their works, and pursuing a scholarly research agenda. Tim’s research interests include trademark theory, copyright and trademark fair use, and various doctrinal areas governed by the First Amendment, including commercial speech and campaign finance regulation.
Fourth Circuit Finds Fair Use for NFL in Baltimore Ravens Documentary Case
By Tim Greene on December 18, 2013 at 12:46 pm
Yesterday, the Fourth Circuit issued an opinion in Bouchat v. Baltimore Ravens Ltd. P’ship, Case No. 12-2543 (4th Cir. Dec. 17, 2013) (“Bouchat V”)—the latest iteration of Frederick Bouchat’s crusade against the NFL and the Baltimore Ravens. Read more » about Fourth Circuit Finds Fair Use for NFL in Baltimore Ravens Documentary Case
Fair Use Project and EFF Submit Comments on the Department of Commerce’s Green Paper on Digital Copyright
By Tim Greene on November 14, 2013 at 10:23 am
Yesterday, the Fair Use Project at the Center for Internet & Society and the Electronic Frontier Foundation jointly submitted a set of comments in response to the U.S. Department of Commerce’s Green Paper, Copyright Policy, Creativity, and Innovation in the Digital Economy. Read more » about Fair Use Project and EFF Submit Comments on the Department of Commerce’s Green Paper on Digital Copyright
The Reasonable Observer on Remand: Fair Use Project Teams with the Andy Warhol Foundation and Robert Rauschenberg Foundation in Filing Amici Curiae Brief in Cariou v. Prince (S.D.N.Y.)
By Tim Greene on October 23, 2013 at 1:40 pm
On Tuesday, the Fair Use Project, along with the good folks at Bingham McCutchen LLP and Virginia Rutledge, filed a brief amici curiae on behalf of the Andy Warhol Foundation for the Visual Arts, Inc., and the Robert Rauschenberg Foundation in the Cariou v. Prince remand. Read more » about The Reasonable Observer on Remand: Fair Use Project Teams with the Andy Warhol Foundation and Robert Rauschenberg Foundation in Filing Amici Curiae Brief in Cariou v. Prince (S.D.N.Y.)
Publicity Rights vs. Public Interest: Fair Use Project Files Brief in Support of Petition for Rehearing En Banc in Hart v. EA
By Tim Greene on June 5, 2013 at 10:42 am
Should individuals hold veto power over depictions of reality? That's the question at the heart of Hart v. Electronic Arts, Inc., and we here at the Fair Use Project think the answer is a resounding "no." Read more » about Publicity Rights vs. Public Interest: Fair Use Project Files Brief in Support of Petition for Rehearing En Banc in Hart v. EA
Fair Use Project, International Documentary Association, MPAA, and Film Independent Ask Fourth Circuit to Recognize Creators’ Interest in Repurposing Copyrighted Material for Historical Use
By Tim Greene on April 10, 2013 at 12:50 pm
Frederick Bouchat has been serially litigating against the NFL and the Baltimore Ravens organization for more than a decade. Read more » about Fair Use Project, International Documentary Association, MPAA, and Film Independent Ask Fourth Circuit to Recognize Creators’ Interest in Repurposing Copyrighted Material for Historical Use
Lang v. Morris
Sarah Morris is a well-known multimedia artist and filmmaker. In 2007, she debuted her "Origami" series, 24 paintings in which she reworked, redesigned, and reshaped origami crease patterns on canvas. Several origami artists sued Morris for copyright infringement, arguing Morris had unduly appropriated their allegedly copyrightable origami crease patterns in developing the "Origami" series. The Fair Use Project teamed up with attorneys Bob Clarida and Donn Zaretsky to defend Morris. We briefed the fair use issues on summary judgment. Read more » about Lang v. Morris
Associated Press v. Meltwater
Meltwater News ("Meltwater") is a search engine and research tool that allows users to search for and obtain information about news items that have been made publicly available on the Internet. Read more » about Associated Press v. Meltwater
Fair Use for the Rich and Fabulous?
In two recent decisions concerning copyright’s fair use doctrine, the Second Circuit addressed the lawfulness of incorporating one creative work into a new one. In both Cariou v Prince and Salinger v Colting, US District Judge Deborah Batts enjoined similar activity using nearly identical reasoning. But on appeal, the Second Circuit found fair use in the former and likely infringement in the latter. Read more » about Fair Use for the Rich and Fabulous?
Understanding Trademark Strength
Trademark strength, properly understood, refers to the scope of protection afforded a trademark by courts based on that mark’s inherent and acquired: (1) tendency to signify to consumers a consistent source of the products to which the mark is affixed; and (2) ability to influence a consumer’s purchasing decisions. The stronger the mark, the more uses the mark’s owner may exclude from the marketplace through a trademark infringement or dilution action. Read more » about Understanding Trademark Strength
Of Trademarks and Brands
"As Stacey Dogan noted in her recent review of Bob Bone’s Taking the Confusion Out of “Likelihood of Confusion”: Toward a More Sensible Approach to Trademark Infringement, trademark law is at a bit of a crossroads. Scholars increasingly question basic tenets of trademark law and seek explanations for our blinkered theories of trademarks. Among recent attempts at comprehensive trademark law frameworks, some are good, some great, some … not."
Read full Jotwell article. Read more » about Of Trademarks and Brands
Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
Julie Ahrens, an attorney for the amici, noted Tuesday that the MPAA, the International Documentary Association and Film Independent aren't always necessarily on the same side of the fair use issue. The fact that they all teamed up in this case testifies to the importance of the kind of uses that could be affected by the appeals court's ruling, as well as the well-settled state of the legal precedent in this area, she said.
“We don't want the Fourth Circuit to jeopardize that case law,” she told Law360. Read more » about Ravens Logo Appeal Threatens Filmmaker Rights, MPAA Says
Meet the Center for Internet and Society 2013 (Past Event)
Come meet CIS and hear about our exciting work and ways to get involved. Read more » about Meet the Center for Internet and Society 2013