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Law Offices of Marc D. Ostrow | USA | 7 Jun 2016

The De Minimus Exception to Infringement is Now in Vogue for Sound Recordings

On June 2, a divided panel of the Ninth Circuit affirmed the district court’s granting of summary judgment to defendants and vacated an award of��
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Law Offices of Marc D. Ostrow | USA | 10 Mar 2016

The Question Songwriters Should Ask Obama at SXSW

This Friday, President Obama will be delivering the keynote address at this year’s South by Southwest (SXSW) Interactive Conference in Austin, Texas…
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Law Offices of Marc D. Ostrow | USA | 4 Feb 2016

All About The 100-Page White Paper on Remixes, First Sale and Statutory Damages

Last week, the Commerce Department’s Internet Policy Task Force issued its White Paper on Remixes, First Sale and Statutory Damages, a 100-page report…
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Law Offices of Marc D. Ostrow | USA | 1 Dec 2015

Do candidates have the right to conscript songs for political purposes?

It's another presidential election cycle and - in addition to PAC moneymen, countless commercials, polls, trolls, sound bites, and sniping…
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Law Offices of Marc D. Ostrow | USA | 23 Nov 2015

Are transformative fair use principles foul to musicians?

In my previous post, I sped through the history of fair use from Justice Story to the current statute and strolled through a few examples of the…
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Law Offices of Marc D. Ostrow | USA | 16 Nov 2015

Do you have the chutzpah to take a gamble on fair use?

When I was a kid, my siblings and I played a board game called Chutzpah, which is a lot like Monopoly only the "properties" weren't things like…
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Law Offices of Marc D. Ostrow | USA | 5 Nov 2015

Copyright conundrums for collaborators

Here’s a situation that’s commonly misunderstood among creative collaborators: Jack and Jill agree to write a song together. They call it “Tumblin’…
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Law Offices of Marc D. Ostrow | USA | 26 Oct 2015

Google Books’ dubious distinction between transformative use and derivative works

Given its prior ruling in last year’s substantially similar HathiTrust case, the Second Circuit’s October 16 decision in The Author’s Guild v. Google…
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Law Offices of Marc D. Ostrow | USA | 16 Oct 2015

Why the RIAA indirectly sued Aurous for willful copyright infringement

The Recording Industry Association of America (RIAA) wasted no time in going after the new streaming site, Aurous. A mere three days after its "alpha"…
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Law Offices of Marc D. Ostrow | USA | 13 Oct 2015

The Second Circuit terminates copyright in Santa Claus song

In its October 8 decision in Baldwin v. EMI Feist Catalog, Inc., the Second Circuit reversed the District Court’s granting of summary judgment to…
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