Search for: ""fair use""
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21 Jun 2017, 6:30 am
Though Universal admitted it didn’t consider fair use directly, it claims to have had other metrics that amounted to a fair use test. [read post]
21 Jun 2017, 5:51 am
Thanks to the SCOTUS decision, or lack thereof, we'll never know "whether or not the DMCA includes meaningful protections for online fair uses. [read post]
20 Jun 2017, 3:51 pm
In principle, bots can be useful for weeding out cases of obvious infringement and obvious non-infringement, but they can’t be trusted to identify and allow many instances of fair use. [read post]
20 Jun 2017, 2:06 pm
In short, it is difficult to see a First Amendment problem in the dilution or tarnishment doctrines, especially when they are cabined by the robust fair-use defense which in turn permits the use of marks in non–commercial ways to comment on or criticize the mark-holder. [read post]
20 Jun 2017, 12:11 pm
The Court found such inclusion was fair use and, as a consequence, the defendants were not liable for copyright infringement.Transformative use in an old-fashioned way! [read post]
20 Jun 2017, 6:00 am
The case made it before the Ninth Circuit, which agreed with Lenz that rightsholders should be forced to consider fair use before sending a DMCA notice. [read post]
19 Jun 2017, 5:35 pm
Universal, a ten-year-old copyright lawsuit initiated by the Electronic Frontier Foundation that helped determine the boundaries of "fair use. [read post]
19 Jun 2017, 5:35 pm
Universal, a ten-year-old copyright lawsuit initiated by the Electronic Frontier Foundation that helped determine the boundaries of "fair use. [read post]
19 Jun 2017, 7:08 am
For this form of use, fair dealing is not implicated at all. [read post]
19 Jun 2017, 6:58 am
”Turnitin’s practices have been ruled as being fair use in a federal court, and the company itself offers a different perspective on its operations. [read post]
19 Jun 2017, 6:00 am
But the judge has now vacated that ruling, believing that the jury erred and that the alleged infringement was actually a fair use. [read post]
19 Jun 2017, 3:15 am
– Email https://t.co/0WeulFikYw -> The Impact of Drake’s Fair Use Copyright Victory on Music Copyright Infringement https://t.co/coIsTiT3vm -> Internet "Framing" Is A Valid Ground For Copyright Infringement In Canada https://t.co/JYTppN2NWG -> Anti-spam law baffles small businesses https://t.co/Z0ijKCS3GU -> Judge Overturns 'Jersey Boys' Copyright Verdict https://t.co/exK04ICPui -> [read post]
17 Jun 2017, 10:22 am
A few weeks ago, a New York federal judge ruled that Hip-Hop Artist Drake was protected by copyright’s fair use doctrine when he sampled a spoken-word jazz track on his 2013 song “Pound Cake,” saying the artist had transformed the purpose of the clip. [read post]
15 Jun 2017, 8:38 am
This additional creative expression was significantly transformative.Thus, the first factor weighed against fair use “as in any typical case of commercial use,” the second factor weighed in favor of fair use, the third factor weighed “heavily” in favor of fair use, the fourth and most important factor weighed heavily in favor of fair use, and the transformative use… [read post]
15 Jun 2017, 6:36 am
(credit: Ron Amadeo) From today, mobile roaming charges in the European Union have officially been abolished—allowing travellers to make calls and send texts in other countries within the 28-member-state bloc without being saddled with exorbitant bills. [read post]
14 Jun 2017, 9:04 am
Court of Appeals for the 9th Circuit held in 2015 that UMC couldn’t be held liable for sending the takedown notice if it had a good-faith belief that the video infringed the copyright, even if the copyright owner acted unreasonably in concluding that using a bit of the song as background music for the video did not constitute “fair use. [read post]
14 Jun 2017, 7:03 am
’s title.Fortunately, nominative fair use was there to beam defendants out of danger. [read post]
14 Jun 2017, 7:00 am
Mark McKenna and I put together an amicus brief in this case, arguing that the false designation of origin verdict based on claims about who invented certain technology was precluded by Dastar (and nominative fair use, to the extent it was based on a slide deck showing that a game could be played with the relevant technology).http://tushnet.blogspot.com/feeds/posts/default? [read post]
14 Jun 2017, 6:50 am
Sessions 16-983 Issue: Whether, as used in 18 U.S.C. [read post]
13 Jun 2017, 7:00 am
But a radical overhaul would be harmful, as the full implications of the 2012 reforms and recent court rulings are still being sorted out.The low-hanging fruit offers potential action for the three government departments vying for copyright policy influence: Innovation, Science and Economic Development (notice-and-notice, fair use) Canadian Heritage (Copyright Board of Canada), and International Trade (NAFTA, TPP). [read post]