https://blog.ericgoldman.org/archives/2024/06/meme-law-alert-meme-use-in-political-ad-isnt-fair-use-griner-v-king.htm Wed, 22 Jan 2025 15:33:03 +0000 hourly 1 https://blog.ericgoldman.org/archives/2024/06/meme-law-alert-meme-use-in-political-ad-isnt-fair-use-griner-v-king.htm#comment-4263 Tue, 11 Jun 2024 23:09:00 +0000 https://blog.ericgoldman.org/?p=26466#comment-4263 The Rule 68/Section 505 analysis stems from the Supreme Court's 1985 decision in Marek v. Chesny, which has been interpreted to mean that Rule 68 costs can only include attorney's fees if those fees would have been properly awarded under the relevant substantive statute in a particular case. So, for example, if a case is brought under the Clean Air Act, which only permits fee awards for "unreasonable" actions, any award of attorney fees in the case (whether under Rule 68 or otherwise) requires the action to first be deemed unreasonable. As a result, when the substantive statute at issue in a case limits fee awards to prevailing parties (as the Copyright Act does), they can't be included under Rule 68, which solely concerns granting costs to non-prevailing parties.

]]> https://blog.ericgoldman.org/archives/2024/06/meme-law-alert-meme-use-in-political-ad-isnt-fair-use-griner-v-king.htm#comment-4262 Tue, 11 Jun 2024 18:49:07 +0000 https://blog.ericgoldman.org/?p=26466#comment-4262 […] BaileyJune 11, 2024 3 minutes read Photo from Eric Goldman’s Technology & Marketing Law […]

]]> https://blog.ericgoldman.org/archives/2024/06/meme-law-alert-meme-use-in-political-ad-isnt-fair-use-griner-v-king.htm#comment-4261 Tue, 11 Jun 2024 16:02:05 +0000 https://blog.ericgoldman.org/?p=26466#comment-4261 […] 1: Meme Use In Political Ad Isn’t Fair Use–Griner v. King […]

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