Wednesday, March 29, 2023

On Appeal, Green Day Wins Fair Use Battle

“The purpose and character of the use was transformative and not overly commercial,” wrote Ninth Circuit Court of Appeals Judge, Diarmuid F. O’Scannlain, in the opinion for the court.

We blogged about this before (almost two years ago), when the lower court also found Green Day’s use of a copyrighted image to be fair use.

Via the paper of record that hasn’t yet been sold.

Update: October 9, 2013

Holy Simpkins has more on this opinion, and also how the 9th Circuit reversed the lower court’s ruling, holding that the plaintiff’s lawsuit was not frivolous or unwarranted.


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