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29 Jun 2018, 5:05 am by Ben
This version of the ad was flagged by YouTube’s content ID and taken down, but was later restored because it is obviously a fair use. [read post]
29 Jun 2018, 3:15 am by Barry Sookman
Computer and Internet Updates for 2018-06-27 https://t.co/qNxd3aO1xL 2018-06-28 Computer and Internet Updates for 2018-06-27 https://t.co/jofUyt3rw7 2018-06-28 RT @neilturkewitz: @lawandeconomics “Advocates often claim that highly permissive fair use policies stimulate economic activity. [read post]
28 Jun 2018, 1:02 am by Cyrus Farivar
Lenz and her attorneys from the Electronic Frontier Foundation had argued that when her 29-second video was initially taken down under a Digital Millennium Copyright Act order, Universal Music had ignored the fair-use exception to copyright law. [read post]
27 Jun 2018, 4:03 pm
 The court first identified the fair use defense and its elements: Under section 1115(b)(4) of Lanham Act, however, the “fair use” defense allows a junior user of a mark to use the mark “in good faith in its descriptive sense, as opposed to its trademark sense. [read post]
27 Jun 2018, 6:40 am by Tim Sitzmann
But the court’s decision provides a lesson beyond history: owners of brands with a long lifespan should carefully consider the context in which a third-party is “using” their mark and whether fair use may apply. [read post]
26 Jun 2018, 1:56 pm
Sergio Muñoz Sarmiento, writing at Hyperallergic, on Anish Kapoor's lawsuit against the NRA.Related:  Mike Masnick at Techdirt:"This is so obviously fair use that it's not even worth going through the full four factor analysis. [read post]
26 Jun 2018, 7:30 am by Jonathan Bailey
However, those exemptions do not include a fair use or fair dealing. [read post]
26 Jun 2018, 6:14 am by Editor Charlie
Nowhere in 17 USC 107 do the words “good faith” appear in describing the parameters of fair use. [read post]
26 Jun 2018, 3:30 am by Dotan Oliar
For example, we noted aspects of the norms system that we thought were unattractive for creativity relative to formal copyright law: standups norms’ system does not recognize a term limit (so the norms’ system discourages dissemination and reuse of old materials), does not harbor a concept of fair use (so it discourages derivative and sequential creativity), and grants a scope of protection that exceeds that which is available under copyright’s idea/expression… [read post]
25 Jun 2018, 5:30 pm by Cory Doctorow
Talking about fair use with eminent legal scholars Talking about game preservation with Alex Handy from The Museum of Art and Digital Entertainment Talking about the right to repair with Kyle Wiens from iFixit We will learn the fate of all our petitions later this year, when the Copyright Office makes its recommendations and the Librarian of Congress decides. [read post]
24 Jun 2018, 3:15 am by Barry Sookman
Teranet Inc on crown copyright ownershi… https://t.co/ebhVjOKL4M 2018-06-21 Non-compete agreement to protect confidential information not enforced in British Columbia case- 2018 BCSC 1015 (Ca… https://t.co/WgK3NVK69w 2018-06-21 Computer and Internet Updates for 2018-06-21 https://t.co/JJsau9KLeU 2018-06-22 Computer and Internet Updates for 2018-06-21 https://t.co/ymf6GdCzX2 2018-06-22 Court Rules Photographs are “Factual Depictions”; Copying Them Is Fair… [read post]
23 Jun 2018, 7:39 am
Whether appropriation of copyrighted material is fair use is a matter of degree. [read post]
23 Jun 2018, 3:15 am by Barry Sookman
Computer and Internet Updates for 2018-06-21 https://t.co/JJsau9KLeU 2018-06-22 Computer and Internet Updates for 2018-06-21 https://t.co/ymf6GdCzX2 2018-06-22 Court Rules Photographs are “Factual Depictions”; Copying Them Is Fair use https://t.co/FmqWS3LEHS 2018-06-22 Five Things to Know About Smart Contracts https://t.co/E8xvXEYdAU 2018-06-22 Canada: Intellectual Property And Drones: Copyright Law Considerations For Drone Services https://t.co/Mi2nNhgOy6… [read post]
21 Jun 2018, 1:00 pm by Rebecca Tushnet
The court of appeals affirmed the finding of descriptive fair use.Descriptive fair use “tolerate[s] some degree of confusion. [read post]
21 Jun 2018, 6:00 am by Guest Blogger
Fair use doctrine could provide another approach here, as Amanda Levendowski argues.In a recent issue of Logic, Ben Tarnoff has gone beyond the essential facilities argument to make a case for nationalization. [read post]
20 Jun 2018, 9:22 am by Ron Coleman
Via Twitter, Rick Sanders pretty much writes a guest post for us — read his whole thread: Photographer took time-lapse photograph of a neighborhood at [...] [read post]
19 Jun 2018, 7:30 am by Jonathan Bailey
However, that they only need to form a subjective believe that use is not a fair use. [read post]