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12 Nov 2023, 2:35 am by centerforartlaw
The ‘fair use’ exception as a defense to copyright infringement? [read post]
11 Nov 2023, 8:27 am by Eric Goldman
The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers. [read post]
8 Nov 2023, 5:00 pm by Thomas James
Copyright fair use normally is assessed using a four-prong test set out in the Copyright Act. [read post]
8 Nov 2023, 1:26 pm by Rebecca Tushnet
  This language, as others have noted, is very similar to its previous statement in Eldred that fair use and the idea/expression distinction internal to copyright law provide all the First Amendment protection necessary in the context of copyright infringement. [read post]
7 Nov 2023, 9:05 pm by renholding
“All we want to do is establish that there is no such thing as fair use for AI, which gives us standing. [read post]
1 Nov 2023, 4:00 am by John Willinsky
With this infringement question settled, to admittedly get ahead of myself, we might consider how LLMs can gain access to important sources of knowledge through copyright’s fair dealing or fair use clauses. [read post]
31 Oct 2023, 8:41 am by centerforartlaw
However, when a copyright holder cannot be identified, an institution may be able to rely on fair use to publish the material in question, especially if the institution can demonstrate a fair use purpose, such as scholarship or research. [read post]
Striking a careful balance between innovation and other considerations, such as ethics, fair use, accuracy, and confidentiality, is crucial. [read post]
25 Oct 2023, 10:07 am by Corynne McSherry
” And in September 2023, after a decade of litigation, a federal appeals court held that Public Resource’s database was a lawful fair use. [read post]
23 Oct 2023, 1:19 am by Aaron Moss
My Take I’ve gone on record as saying that Trump’s fair use defense is a loser—and that was [read post]
23 Oct 2023, 12:00 am by INFORRM
Former US President, Donald Trump, claims that the “Steele Dossier” produced by the defendant breached his data protection rights. [read post]
21 Oct 2023, 12:23 pm by Dennis Crouch
  The result then has been that users would focus on whether they have a license; whether the intended use is a “fair use;” and (perhaps) whether the copyright holder is likely to discover the infringement and attempt to enforce their rights. [read post]
The event will host over 1,000 IP practitioners and leaders and cover a wide range of IP-related topics, including the ethical implications of AI in research and development, trademarks and the First Amendment, Standard Essential Patents licensing, the PTAB, Section 101, and transformative fair use. [read post]
18 Oct 2023, 5:45 pm by Florian Mueller
Beyond that, I will consider even derivative works fair use so long as they don't create any misconceptions as to what my views really are--and what they are not. [read post]
17 Oct 2023, 11:08 am by Eric Goldman
” The court says the defendants waived any fair use defense by briefing it inadequately. [read post]
16 Oct 2023, 12:56 pm
The Supreme Court has balanced copyright and First Amendment interests by looking both to copyright law’s internal doctrinal limits (e.g., fair use) and to the “historical record. [read post]
16 Oct 2023, 12:56 pm by Christine Corcos
The Supreme Court has balanced copyright and First Amendment interests by looking both to copyright law’s internal doctrinal limits (e.g., fair use) and to the “historical record. [read post]