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Judge denies motion to preclude Oracle from arguing Google's Java copyright infringement was willful
18 Sep 2015, 1:38 pm
The jury would firstly rule on Google's "fair use" defense without being briefed on Oracle's damages theories; then, if Oracle prevails (which I'm sure it will), damages and willfulness evidence will be presented in the second phase of the trial.After a "fair use" finding, the next factual issue for the jury to decide will be willfulness. [read post]
31 Jul 2018, 7:03 am
Breakout 4 – Copyright: Fair UseClark Asay & Arielle Sloan – Review of transformativeness in fair use cases from 1991-2017.Barton Beebe – Update of empirical study of fair use cases 1978-2005.Cathay Smith – A moral rights claim under VARA could have a fair use defense.Xiyin Tang – Analysis of the relevant market for fair use should disfavor copyright owners who… [read post]
10 Mar 2010, 9:00 am
The Guide also addresses some of the controversial issues in music licensing, and the question of "fair use", a concept often cited but also often misunderstood. [read post]
29 Dec 2016, 9:39 am
Watermark argues that its use of the term “J-Mate” is a fair use. [read post]
12 Jan 2015, 3:45 am
There is fairly abundant case law on fair use as applied to biographies. [read post]
Art builds on art, be it Shepard Fairey’s Obama Hope poster or the re-tellings of myths and legends.
13 May 2010, 10:26 pm
I have made clear, at length, my view that Shepard Fairey’s Obama Hope poster is a legitimate, non-infringing fair use of the photo Fairey appropriated as its source material. [read post]
10 Apr 2013, 9:50 am
Bouchat sued over that to have most of those claims tossed on fair use grounds. [read post]
20 Jul 2012, 12:05 am
" Both decisions point to a very broad approach to fair dealing that can be used by a wide range of businesses and education groups to make the case that innovative uses of copyright materials qualifies as fair dealing and therefore does not require prior permission or compensation. [read post]
2 Apr 2018, 4:50 am
Mar. 29, 2018)This case raises the interesting question of whether it’s possible to distinguish nominative fair uses from generic uses when looking at online comments/reporting; the jury may not get much guidance on how to do that! [read post]
27 Nov 2016, 6:50 pm
., the sender of a takedown notice must have a subjective belief that material related to a notice is not fair use. [read post]
16 Aug 2021, 10:40 am
Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment. [read post]
18 Dec 2013, 8:56 am
The court of appeals is forced to distinguish that result from its affirmance of fair use in different films, making for a greater-than-usual emphasis on how case-by-case fair use must be. [read post]
5 Jun 2012, 5:16 am
The thing is, even if he were right, there are light years of difference between advising a layperson "since your use is obviously fair (and I hope a studio would see things the same way), there's only a small chance of being sued, but if you are sued you will definitely lose because of this other law you violated," and "since your use is obviously fair (and I hope etc.), there's only a small chance of being sued, and a big chance… [read post]
11 Jul 2023, 3:30 am
Lemley & Percy Liang, Foundation Models and Fair Use, available at SSRN (Mar. 27, 2023). [read post]
6 Mar 2007, 1:10 am
For the most part, Digital Rights Management (DRM) is thought of by most people in connection with copying or burning music discs for personal use, as allowed by the Fair Use Act. [read post]
30 Jun 2022, 3:06 am
GREASE PARODY SHOW DEEMED FAIR USE TONI BASIL DETERMINED TO BE SOLE OWNER OF MICKEY SOCIAL MEDIA WINS IN 11TH CIRCUIT AND LOSES AT 5THGIBSON GUITAR WINS TRADEMARK INFRINGEMENT CASE DEPP V. [read post]
28 Apr 2022, 12:59 pm
Show notes are located at www.entertainmentlawupdate.com/144 Quick take/FYI: Senate confirms Kathy Vidal to lead USPTOCCB FINAL RULE IS OUTWARHOL GRANTED CERT IN PRINCE PAINTING FAIR USE CASE.COURT REVERSED OVER DEFINITION OF “PHOTOPLAY” IN COLUMBO CASE US COPYRIGHT OFFICE REJECTS PROPOSAL TO KEEP MECHANICAL ROYALTY FOR CDS AND DOWNLOADS UNCHANGEDFOLLOW UP: PUBLICRESOURCE.ORG AND THE ABILITY TO POST PUBLIC LAWSPRACTICE… [read post]
1 Oct 2013, 12:21 pm
The post Time for public comment on copyright and remixes, first sale, damages and more: Commerce Dept Task Force – Oct 15 first deadline; November 13 second deadline appeared first on Stanford Copyright and Fair Use Center. [read post]
3 Jul 2009, 6:33 am
Salinger, rejecting claims that 60 Years Later: Coming Through the Rye was transformative and thus a fair use of Salinger's original work. [read post]
23 Apr 2009, 5:43 pm
They have posts ranging from Supreme Court cases on First Amendment cases on dog fighting videos, to Congressional Tweeters, to issues with Facebook abuse among jurors and fair use rights for news aggregators. [read post]
