Search for: ""fair use""
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4 Jan 2017, 9:35 am
We focus on six areas: (1) the constitutionality of § 2(a) of the Lanham Act; (2) the Fourth Circuit’s Belmora decision and the availability of § 43(a) claims when the plaintiff has not used a mark in the United States; (3) the effect of B&B Hardware; (4) injunctive relief and the presumption of irreparable harm; (5) nominative fair use; and (6) initial interest confusion.http://tushnet.blogspot.com/feeds/posts/default? [read post]
1 Apr 2022, 11:15 am
IP office; the Fifth Circuit finds that two sales of allegedly infringing products may create minimum contacts with Texas but doesn't support specific personal jurisdiction over trademark claims; Bernie Sanders, Elizabeth Warren and other Democrat Senators send a letter to the FTC regarding concerns over the Microsoft-Activision merger and how it may obfuscate investigations into wrongdoing at Activision; President Joe Biden is expected to invoke the Defense Production Act to support the… [read post]
9 Dec 2016, 5:09 pm
Forensic musicologist Joe Bennett and Derek Khanna join Denise Howell and Mike Keyes to discuss copyright reform in the Trump administration, copyright in the music industry, when the music track messes up your fair use argument, supporting the Slants' Supreme Court case and more! [read post]
20 Dec 2013, 4:04 pm
Fair use decision for the NFL, NSA surveillance ruling, car for hire services and more. [read post]
13 Nov 2014, 2:26 am
The Trans-Pacific Partnership (TPP) trade agreement, which many had said had "troubling" provisions pushed through by the United States government (not least "draconian" US based copyright laws - but no fair use) may have died a death. [read post]
15 Mar 2016, 12:42 pm
After that, he served as Vice President of Government Affairs at Public Knowledge, an organization that EFF frequently works with on fair use and open Internet advocacy. [read post]
15 Oct 2013, 6:01 am
The Court also noted that the plaintiff also failed to explain how documents relating to Google's settlement talks with another party are relevant, ruling that if "defendant expressed its view as to its fair use defense in settlement discussions, those statements are not relevant or, even assuming some relevance, they are not admissible." [read post]
21 Sep 2015, 3:30 am
Stephanie Lenz sued, arguing that Universal’s takedown request targeted permissible fair use, which generally permits the use of copyrighted material in limited conditions, such as when used in connection with criticism, parody, commentary or news reporting. [read post]
27 May 2016, 1:04 pm
Michael Keyes Guest: Christine Farley Google's use of Oracle's APIs is fair use, what not to wear at Comic-Con, why the Slants case is going to be so interesting before the Supreme Court, Axanar to fly again, and more! [read post]
5 Feb 2021, 12:15 pm
This week in Other Barks & Bites: the Federal Circuit vacated a PTAB ruling that invalidated patent claims over prior art on different grounds than those asserted by the petitioner; the CJEU finds that a German state treaty prohibiting regional advertisements in national TV networks may violate EU law; the Fourth Circuit holds that laches and not a statute of limitations is the appropriate defense against unfair competition claims filed under Section 43(a) of the Lanham Act; Kia Motors continues… [read post]
3 Jun 2009, 9:50 am
“IF YOU REALLY WANT TO HEAR ABOUT the suit, the first thing you'll probably want to know is what ‘fair use’ is, and what Section 107 of the Copyright Act says and all that Mel Nimmer kind of crap but I don't feel like going into it, if you want to know the truth. [read post]
27 May 2011, 4:31 pm
So, who's going to do the fair use analysis? [read post]
28 Jun 2016, 8:32 am
Prop. 379Rebecca Tushnet, Fair Use's Unfinished Business, 15 Chi. [read post]
1 Aug 2014, 4:00 am
However, District Judge Rakoff ruled that the use of the briefs by West and Lexis is fair use. [read post]
15 Mar 2019, 5:15 am
Seuss/Star Trek mash-up is a transformative fair use; Apple alleges that someone has tampered with a key witness in the Qualcomm patent infringement case; and UK finance ministers issue a report calling for more antitrust activity against American tech giants, including Facebook and Google. [read post]
25 Feb 2024, 9:15 am
A lot seems to hang on the question of whether LLM training involves copyright infringement or instead is a fair use of copyrighted content. [read post]
14 Feb 2020, 4:15 am
Whether, as the jury found, petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use. [read post]
7 Sep 2024, 7:03 pm
Four highlights from this week: In a Big Blow to Internet Archive, Appeals Court Says Online Lending Library Is Not Fair Use; Clearview AI was keeping an illegal database of faces; gets fined; How to scan for unknown trackers that might be following you; and Chase money glitch: How a viral TikTok trend turned out to just be plain check fraud. [read post]
17 Sep 2012, 12:01 pm
Presses, of course, rely on fair use all the time, and smaller presses need it even more, since neither they nor their authors can usually afford lots of permission fees. [read post]
9 Jul 2008, 12:23 pm
See tomorrow’s post for discussion of a different kind of new tool — a statement of best practices for fair use in online video. [read post]
