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17 Feb 2017, 11:04 am by Chris Castle
 Because Snapchat tells us they do in the risk factors of their IPO filing: We rely on a variety of statutory and common-law frameworks for the content we provide our users, including the Digital Millennium Copyright Act, or DMCA, the Communications Decency Act, or CDA, and the fair-use doctrine. [read post]
17 Feb 2017, 9:01 am by David Oxenford
Basically, the Court found that any copies made in the transmission process were fair use necessary to engage in the legal performance, and there was no unfair competition issue as the performance was legal, hence not unfair in the eyes of the law. [read post]
17 Feb 2017, 3:00 am by Barry Sookman
Trudeau hails CETA as 'blueprint' for future trade deals https://t.co/QIiwRuwGQZ -> BlackBerry Ltd sues Nokia over patent infringement, demands royalties for industry-wide standard https://t.co/X7rrlazOFH -> Congress seeks to ‘modernise’ Copyright Office https://t.co/pm7helYsie -> Rights holders reject Australian fair use https://t.co/PQzuVs6zR0 -> Plan to make Google pay for news hits rocks https://t.co/TPO0qGgDwI -> Father Who Live Streamed… [read post]
16 Feb 2017, 12:05 pm by Joe Mullin
But ABC's argument in favor of fair use is on the public record, and Kaplan presumably accepted some or all of that argument. [read post]
16 Feb 2017, 6:00 am by Jonathan Bailey
The Productivity Commission recently completed a 12-month into the country’s intellectual property laws and proposed several changes, including broadening copyright exemptions in the country to make them more akin to fair use in the United States and broadening safe harbor protections for tech companies. [read post]
14 Feb 2017, 4:53 pm by Sabrina I. Pacifici
GSU argued that posting excerpts in the e-reserve systems was a “fair use” of the material, thus not subject to licensing fees. [read post]
14 Feb 2017, 3:10 am by Lawrence B. Ebert
This type of material is generally considered fair use and/or public domain. [read post]
13 Feb 2017, 5:04 pm by Corynne McSherry
GSU argued that posting excerpts in the e-reserve systems was a “fair use” of the material, thus not subject to licensing fees. [read post]
13 Feb 2017, 3:35 pm by Eugene Volokh
., ones involving anti-SLAPP statutes, journalist’s privileges, copyright fair use, and the like), in any state or federal court, at any level (supreme, intermediate appellate, or even trial, if the trial court accepts amicus briefs), and you can use an amicus brief that would be due March 31 or later. [read post]
13 Feb 2017, 6:00 am by Jonathan Bailey
That was overturned on appeal but then a jury ruled that Google’s use of the code was a fair use and non-infringing. [read post]
13 Feb 2017, 3:00 am by Barry Sookman
ORG https://t.co/Xz1z4rpSLe -> Oracle refuses to accept pro-Google “fair use” verdict in API battle https://t.co/H307tGhMA0 – bet on Oracle winning the appeal -> Saskatchewan Court Upholds Electronic Waiver as Enforceable | CyberLex https://t.co/O37mROm3Pn -> Data from pacemaker used in prosecution – Slaw https://t.co/ll8CaAVjQy -> First Amendment Protects Google’s De-Indexing of “Pure Spam” Websites–e-ventures v.… [read post]
11 Feb 2017, 10:24 am by David Kravets
(credit: Uncalno Tekno) Google successfully made its case to a jury last year that its use of Java APIs in Android was "fair use. [read post]
10 Feb 2017, 2:05 pm by Rebecca Tushnet
Necessary for fairness & balance. [read post]
10 Feb 2017, 12:07 pm by Rebecca Tushnet
  I’d rather look at the 3d party instead of the particular use.Dogan: but you may lose people who don’t believe that a song in your cloud storage is a personal appendage.Amanda Levendowski, Fair Use for Fair Artificial IntelligenceLots of scholarship on biased AI. [read post]
Even assuming that the administration could wrangle a claim to the data — if independent contractors who create works for the EPA, for instance, keep the copyrights to their work, which could be leveraged on the government’s behalf — the Internet Archive has an obvious and strong fair use claim in the purpose of their use, the nature of the work, the amount used, and the market impact. [read post]
8 Feb 2017, 2:12 pm by Ron Coleman
Republished by Blog Post PromoterMore pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. [read post]
6 Feb 2017, 2:03 pm by Kate Tummarello
Innovation and Fair Use The Supreme Court has agreed to hear arguments in TC Heartland v. [read post]
3 Feb 2017, 8:28 am by Rebecca Tushnet
” Nor was intent to profit an extra element.Query: If the copies of the app actually on the BLU phones, assuming such copies were there, were properly purchased, can the use in ads be anything other than fair use? [read post]
2 Feb 2017, 12:06 pm by Rebecca Tushnet
  Main issue, focused on fair use in comparative advertising, discussed here. [read post]
2 Feb 2017, 9:43 am by Rebecca Tushnet
  Nichols, the composer of Times of Your Life, sued for copyright infringement and violation of the Lanham Act; the court allowed the former claim to continue despite a fair use defense and dismissed the Lanham Act claim because the ad was noncommercial speech.On the fair use defense, Nichols argued that the sole alteration was to the lyrics, and that the use took “from the very heart” of the original. [read post]