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13 Mar 5:11 pm by Jeff Sovern
by Jeff Sovern We blogged here about phony consumer protection statutes, statutes that are designed to create the illusion of consumer protection, perhaps so legislators can claim to consumer-constituents that they are attending to a problem ... without the reality, maybe so legislators can satisfy business interests and obtain political contributions. At least one section of the Fair Credit Reporting Act seems like a plausible example of such phony consumer protection for several reasons: § 1681s-2 ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
2 Nov, 2006 9:26 am by Bill Heinze
... appropriation of Blanch's photograph in "Niagara" was intended to be-and appears to be-"transformative," because the creation and exhibition of the painting cannot fairly be described as commercial exploitation and the "commerciality" of the use is not dispositive in any event, and because there is insufficient indication of "bad faith," we agree with the district court that the first fair-use factor strongly favors the defendants. More about Jeff Koons here.
I/P Updates - http://ip-updates.blogspot.com
15 Aug, 2008 9:31 am by sisselnor
... Governor Perry at (512) 463-2000. This Saturday, August 16, there will be a rally for Jeff Wood in Austin at noon. The rally is at 11th and Congress Avenue on the sidewalk in front ... have created a new one for you to sign: Click here to sign the petition for Jeff Wood. You don't need to sign again if you signed ... contends that he has "emotional and psychological impairments" that prevented him from receiving a fair sentence, noting that he did not challenge the death penalty during the punishment ...
Lethal Injection - http://lethal-injection-florida.blogspot.com/index.html
24 Jul 12:19 am by pfriedman
... and purposes were very similar to the uses and purposes of copyrighted works were nonetheless entitled to fair use protection. In Blanch v. Koons, 467 F.3d 244 (2d Cir. 2006),, Jeff Koons' painting was a two dimensional image, ... previously unpublished writing by Salinger. In short, the "nature" of the sculpture is very relevant to whether the stamp is entitled to fair use protection. The sculpture is a work of public art on view permanently in a location that is one of the ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
24 Dec, 2007 8:55 am by Mary Minow
... ). And for those who appreciate fair use precedents for artwork, we have to thank appropriation artist Jeff Koons, who after several fair use losses -- Rogers v. Koons, United Feature Syndicate, Inc. v. Koons, and Campbell ... imagery and seem to comprehend that low-resolution uses are generally for transformative purposes. That may prove helpful for bloggers arguing for fair use claims of thumbnails. As for the use of copyrighted materials in search engines, the Ninth Circuit even went so far as to ...
Fairly Used - http://fairuse.stanford.edu/blog/
31 Oct, 2006 11:31 am by Ray Dowd
... is here. The Second Circuit affirmed the district court's grant of a summary judgment motion in favor of an artist, Jeff Koons, who had used a portion of a photograph from a fashion magazine in a large collage that he sold to the Guggenheim Museum for ... by the Second Circuit. As you may note, much of the material to be submitted to a court to analyze in support of or against a fair use defense is pretty much available at the beginning of a litigation. Courts take artists "reasons" for taking or ...
Copyright Litigation Blog - http://copyrightlitigation.blogspot.com/
5 Sep, 2007 1:00 pm by Todd Epp
... Thune defeat Tom Daschle. But I thought he was an interesting guy. I've written Jeff to try and get a copy of his new book and to see if ... Reporters WASHINGTON , Sept. 4 /Standard Newswire/ - Former White House correspondent Jeff Gannon 'names names' in his behind the scenes look at the White House Press ... conflicted hypocrites" Democrats - "With the investigation of a journalist and a pledge to revive the so-called Fairness Doctrine, Rep. John Conyers and Rep. Louise Slaughter pose the greatest ...
S.D. Watch - http://thunewatch.squarespace.com/sdwatch/
30 Jan 7:24 am by Ray Dowd
... tiff than before, no matter what the end result. The WSJ article discusses cases involving Jeff Koons, the puppies case and the more recent Niagara case (image here). I met Jeff Koons last night for the first time at the National Arts Club where he was being presented with a medal. We discussed his litigations, and he said that they have ... of another, we are going to see a lot of boundaries changing. What's fair today may not be fair tomorrow.Copyright Litigation Handbook (West 4th Ed. 2009) by ...
Copyright Litigation Blog - http://copyrightlitigation.blogspot.com/
21 Sep, 2007 6:07 am by Todd Epp
... thing, the Thune/Daschle race, and a lot of other things. Click here to read excerpts. Earlier this week, I interviewed Jeff via email about his new book, gays and conservatives, and some of his insights into recent South Dakota ... a broader discussion about the media. The premise of my book suggests that The Great Media War is the struggle of the Right to gain fair representation in the media and the Left desperately trying to hold onto what was once a monopoly. WHAT HAS BEEN REACTION TO YOUR BOOK ...
S.D. Watch - http://thunewatch.squarespace.com/sdwatch/
24 Sep, 2007 1:18 pm by Barbara Ann Jackson
... unintelligent thing would be to disregard and try to COVER UP matters. Yet, mainly due to cronyism, instead of fair discussion and exposure of any evidence, in Louisiana Courts Systems coverup and swift dismissal of cases involving minorities ... classes of people. Hence, correlation between A PROBE into what happened or did not happen surrounding Warren Jeffs, and what happened in Jena is synonymous with the reality that when specific conditions exist for a long time, and the EFFECTS reverberate in ...
Law & Grace, Inc. - http://www.lawgrace.org
16 Jun, 2008 7:44 am by Ann Althouse
... we are trying to do." They are, however, trying to worry bloggers. Lots of commentary collected here. I like this from Jeff Jarvis: * I don't really give a damn what your guidelines are. I have my own guidelines.... The point of fair use and fair comment is that there ... , isn't it? And if the answer is yes, that goes a long way to proving that what we are doing now is fair use. ADDED: Jarvis's guidelines: Bloggers should not quote excessively from others' content and ...
Althouse - http://althouse.blogspot.com
9 Dec, 2008 9:37 am by pfriedman
... the filmmakers had tried merely "to capitalize on the film as soundtrack material that would be attractive to an audience would likely not be fair use, but, if, as seems likely, the song is quoted to criticize its atheism, that use would likely constitute fair use, ... a recent decision of the United States Court of Appeals for the Second Circuit in which fair use was found, Blanch v. Koons. There, the visual artist Jeff Koons copied photographer Andrea Blanch's photograph from a fashion magazine ...
Ruling Imagination: Law and Creativity - http://blogs.geniocity.com/friedman
15 May, 2007 10:29 am by Sarah Lai Stirland
Jeff Jarvis over at PrezVid asked Fox News recently what its policy is regarding the online re-use of video of tonight's Republican debate. Here's the answer he got: "Rather ... , they respect fair use and if you think you can justify that your use is fair (and balanced?) then they won't hassle you." But that just isn't very re ... 's work to obtain explicit permission. And when you cannot determine clearly whether something is fair-use, just don't use it, the office advises. What if you have ads on your ...
27B Stroke 6 - http://blog.wired.com/27bstroke6/
23 Aug 8:09 am by Michael Ginsborg
... will run as a Republican candidate for Governor in the 2010 election. The state will seek outside counsel to defend the law. Fair Wisconsin has said that it will join in the defense, retaining Lamda Legal as counsel: "The domestic partnership registry and the constitutional ... couples may lead other state attorney generals to follow the examples of Van Hollen and Brown, just as disputed fair housing protections of African Americans led California Attorney General Thomas Lynch to oppose a 1964 state ...
Legal Commentary on Proposition 8 and the Right to Marry - http://prop8legalcommentary.blogspot.com/
11 Jan, 2007 9:45 pm by Tim Stanley
... prediction - X17 wins, PerezHilton loses). And you can read more about fair use on the Stanford Copyright & Fair Use Center. On a side note, I used to volunteer at KCET, setting up a ... it is an interesting case for bloggers... as Nolo's Rich Stim wrote... there is a "Fifth" Fair Use Factor: Are You Good or Bad?. Check out KCET's Video, Blog Post and Commentary Peace - Tim Original Huell image can be found on Jeff Caffrey's Santa Monica College Media Center page. :: California's Gold with Huell ...
Tags: Blogs
Justia Legal Marketing Blog - http://onward.justia.com/
5 May 10:00 am by Deepak Gupta
by Deepak Gupta Jeff Sovern and Paul Bland have contributed thoughtful posts on a proposal being pitched as a "compromise" in the debate over arbitration fairness. It goes something like this: Instead of passing a law like the ... by making it the default instead of requiring employees to opt in. So I wonder whether proponents of the "compromise" proposal on arbitration fairness would continue to support it if the opt-out mechanism stayed the same, but the default rule were switched: Instead of ...
Consumer Law & Policy Blog - http://pubcit.typepad.com/clpblog/
18 Jan, 2007 6:35 pm by Dennis Crouch
... a substantial risk of establishing logically indefensible precedent relating to computer software. The status of software in patent law is a fair subject of debate, but such policy decisions should not be based on folk science. In the briefs ... neither side in that debate should disregard the scientific understanding of information in the hope of a victory based on ignorance. Note: Jeff Steck is a patent litigator at McDonnell Boehnen Hulbert & Berghoff in Chicago. He studied physics at the ...
Patently-O - http://www.patentlyo.com/patent/
23 Nov, 2007 12:27 am by Litwak
Stagehand Debbie Sue Croyle appeared briefly in Jeff Goldblum's "Pittsburgh" mockumentary. She sued claiming she did not sign a release and was humiliated by statements made by Goldblum in her brief scene. Croyle asked ... that the product was an LVM product. The Courts also agreed that there was no copyright violation since HDD's use of copyright was a fair use and non-infringing. In addressing the trademark dilution issue, the District Court found that LVM had failed to state a cause of action ...
Entertainment Law Resources Blog - http://marklitwak.blogspot.com/
28 Sep 6:21 pm by Michael Stevens
Toyota Motor Manufacturing, Kentucky, Inc. v. Hon. Robert G. Johnson, Judge & Jeff Sergent, Real Party in Interest 2007-SC-000647-MR March 19, 2009 Opinion by Justice Noble; all sitting. In 1999, ... damages in that forum. While noting the deferential review given to grants of CR 60.02 relief, the Court held that the interests of fairness justified a finding of an abuse of discretion-particularly when the equities as they related to all parties involved were considered. In his dissent, Justice ...
Kentucky Cases - http://www.kycases.com/
2 Oct, 2007 6:46 am by David Zaring
... thinks that Naomi Klein's uber-paranoid book on how shock therapists like Jeff Sachs and Milton Friedman control the world needs to be trashed. (So does ... language at least as zippy as Klein's.) And double-wait: Rodrik thinks that "fair trade" programs, under which consumers choose to purchase products with sustainability guarantees, ... not create suitably high prices. Plus the decision about what exactly goes into fair trade certification is not transparent (sounds like Rodrik thinks there needs ...
Conglomerate - http://www.theconglomerate.org/
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