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29 Mar 2022, 10:35 am by Brandon W. Clark
The fair use defense has recently been raised in a number of high-profile copyright disputes and the Supreme Court recently announced they will hear a case involving the Andy Warhol Foundation and the artist’s use of an image of Prince (See Andy Warhol Foundation for the Visual Arts, Inc. v. [read post]
28 Jan 2013, 4:46 am
With sparse logic and a few "authoritative law review" articles, the court opined that Quill was limited by the following language: Although in our cases subsequent to Bellas Hess and concerning other types of taxes we have not adopted a similar bright-line, physical-presence requirement, our reasoning in those cases does not compel that we now reject the rule that Bellas Hess established in the area of sales and use taxes. [read post]
27 Sep 2007, 11:49 pm
  Though affirmative defenses such as fair use still apply, the court found that a bright-line rule eliminating any de minimis defense to copyright infringement in the context of sampling is more efficient. [read post]
1 Aug 2011, 4:35 pm by Colin O'Keefe
A bright and sunny Monday in Seattle brings us some excellent commentary on two big-time stories. [read post]
19 May 2021, 2:01 pm by Shea Denning
Even so, there are a few bright-line principles that can be applied to any such inquiry. [read post]
2 May 2011, 1:26 pm by Victoria VanBuren
Gaitis Last week’s United States Supreme Court decision in AT&T Mobility LLC v. [read post]
14 Jun 2012, 12:25 pm by paperstreet
In Campbell, the Supreme Court’s last fair use decision, the Court reaffirmed that fair use does not rest on ‘bright-line rules’ and (quoting Harper & Row, 471 U.S. at 560). [read post]
19 Aug 2015, 1:30 am by Matrix
   It had not struck a fair balance between the rights of the individual and the community and it could not be said that no less intrusive measure could have been used instead. [read post]