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1 May 2018, 9:26 am by Jeremy Malcolm
No criticism is made of countries such as Mexico, which lack any close equivalent to fair use at all. [read post]
1 May 2018, 7:38 am by Rachel Sandler
 In their defense, Take-Two and 2K Games have countered that the use of the tattoos was either de minimis or fair use. [read post]
30 Apr 2018, 6:10 am by Michael Geist
As for copyright, the U.S. says it is concerned with fair dealing in Canada, yet the U.S. fair use provision already provides broader usage rights (including education) than those found in Canada. [read post]
30 Apr 2018, 3:15 am by Barry Sookman
https://t.co/1n8skAdfS1 2018-04-29 Email contract formed where acceptance is received Murray Market Development Inc. v Casa Cubana, 2018 BCSC 565 https://t.co/cJaMLEU63o 2018-04-29 Kodi shutdown fears – Court case could kill this popular add-on service https://t.co/xoLlmjxl20 2018-04-29 OPINION: Liberals should right copyright wrongs https://t.co/hJ76Ngq8Ha 2018-04-29 Sign-Up Buttons Alone Don’t Bind Users to Sign-In-Wraps https://t.co/C4BML28nfl 2018-04-29 Update on South African… [read post]
28 Apr 2018, 8:09 am by Eric Goldman
” The defendant describes its bags as “one-pull” (and yet, the term “descriptive fair use” doesn’t appear in the opinion once…). [read post]
27 Apr 2018, 9:19 am by Jeremy Malcolm
But European countries have no such fair use right in their copyright law. [read post]
24 Apr 2018, 2:19 pm by Rebecca Tushnet
You use the frame rate that the majority of your clips use, and the hope is that the converted clips will look ok. [read post]
23 Apr 2018, 3:23 am by R. David Donoghue
The Court held that there was a question of fact as to the last element of El-Greg’s fair use defense – whether El-Greg used the PIZZA PUFF mark “fairly and in good faith. [read post]
23 Apr 2018, 3:23 am by R. David Donoghue
The Court held that there was a question of fact as to the last element of El-Greg’s fair use defense – whether El-Greg used the PIZZA PUFF mark “fairly and in good faith. [read post]
22 Apr 2018, 10:36 am
.'§106 of the US Copyright Act provides in fact that the copyright holder has the exclusive right "to prepare derivative works based upon the copyrighted work". [read post]
20 Apr 2018, 8:44 am
Applauding the adaptability of fair use to new technological developments, the US approach is contrasted to the Canadian regime. [read post]
20 Apr 2018, 3:05 am by Walter Olson
“‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration” [Eric Goldman] Among first casualties: Craigslist personals [NPR, Elizabeth Nolan Brown] And Elizabeth Nolan Brown joins (no relation) Caleb Brown on a Cato Daily Podcast; Is reprinting thumbnail headshots fair use? [read post]
18 Apr 2018, 9:56 am by Rebecca Tushnet
  (3) The ultimate interest in fair use is the public’s, and if the public is entitled to the new work/new use and benefits from it there’s no reason that the defendant’s means of access should matter.Judge Leval also insisted that the fourth fair use factor was the key, even more than factor one, and that therefore the result in TVEyes was correct. [read post]
17 Apr 2018, 6:12 am by Bruce E. Boyden
.: This action for copyright infringement presents us with a picture all too familiar in copyright litigation: a legal problem vexing in its difficulty, a dearth of squarely applicable precedents, a business setting so common that the dearth of precedents seems inexplicable, and an almost complete absence of guidance from the terms of the Copyright Act. [read post]
17 Apr 2018, 1:22 am by Jani Ihalainen
Even so, the second factor is of very little importance in a finding of fair use, per the Court, they did find that it weighed towards a finding of fair use.The Court moved onto the third factor, which looks at the substantiality of the copying, which is more an assessment of quality rather than sheer quantity of what was copied. [read post]
17 Apr 2018, 1:22 am by Jani Ihalainen
Even so, the second factor is of very little importance in a finding of fair use, per the Court, they did find that it weighed towards a finding of fair use.The Court moved onto the third factor, which looks at the substantiality of the copying, which is more an assessment of quality rather than sheer quantity of what was copied. [read post]
16 Apr 2018, 5:48 am by Florian Mueller
For a final "See I Told You So," I'd like to note that last month the Federal Circuit completely vindicated my longstanding "fair use is a fairy tale" position on Oracle v. [read post]
13 Apr 2018, 1:05 pm by Rebecca Tushnet
[As they have meanwhile created that same problem with nominative fair use, turning factor three “do nothing else” into factor three “isn’t confusing. [read post]
13 Apr 2018, 10:31 am by Rebecca Tushnet
Grimaldi and nominative fair use.]Jeremy Sheff: UC/TM discourse happens in the shadow of ideas about property. [read post]