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5 Jan 2017, 1:58 pm by Cyrus Farivar
The judge was unpersuaded by Axanar Productions’ arguments that it was entitled to the fair use exception. [read post]
5 Jan 2017, 6:00 am by Jonathan Bailey
The court also ruled that Axanar can not argue fair use when the case goes to trial, nixing Axanar’s biggest affirmative defense. [read post]
5 Jan 2017, 5:00 am by Barry Sookman
Computer and Internet Updates for 2017-01-03 | Barry Sookman https://t.co/C2AZ6je9HY -> Computer and Internet Updates for 2017-01-03 https://t.co/blWCFN1SN5 -> Fintech Regulatory Developments: 2016 Year in Review | CyberLex https://t.co/rsL3Wa6AyJ -> Canadian fintechs shine as venture capital-backed investments hit highest level in nearly two decades https://t.co/KUWsnPAdr1 -> 'Star Trek' Fan Film Dispute Goes to Jury Trial in Big Ruling https://t.co/6hM5vVGc8V -> congrats… [read post]
4 Jan 2017, 9:35 am by Rebecca Tushnet
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]
2 Jan 2017, 12:18 pm by Barry Sookman
Hameed that the deliberate breach of the accepted terms of access to and use of copyrighted material, whether protected by a paywall or not, is a relevant consideration in applying the fair dealing provisions of the Act. [read post]
30 Dec 2016, 7:30 am by Joe Mullin
A jury was left to decide the murky rules about when using an API could be "fair use. [read post]
29 Dec 2016, 5:29 pm by Kerry Sheehan
The fight for fair use heads to the Supreme Court in Lenz v. [read post]
29 Dec 2016, 12:54 pm by Mike Mireles
  Properly understood, existing copyright law doctrines—including the idea/expression dichotomy, fair use, merger, scènes à faire, and section 117—should continue to facilitate these types of activities.Similarly, the Office recognizes the value of allowing the public to engage in good-faith security research of software-enabled consumer products. [read post]
29 Dec 2016, 9:39 am by Eric Goldman
Watermark argues that its use of the term “J-Mate” is a fair use. [read post]
27 Dec 2016, 10:52 am by Kit Walsh
The law also prevents people from creating their own speech using copyrighted works of others, such as fair use remixes of media or compatible software. [read post]
26 Dec 2016, 4:30 am by Ben
Without the Supreme Court taking up the case, a federal appeals court ruling from October, which found that the book-scanning program fell under the umbrella of fair use, stood. [read post]
25 Dec 2016, 1:01 pm by Kerry Sheehan
While it acknowledges the importance of limitations and exceptions to copyright, including fair use, the report commends existing agreements, like this one between the MPAA and domain name registries, and calls for increased participation across sectors of Internet services. [read post]
24 Dec 2016, 3:13 am
Among other things, the report submits that Australian copyright law should move from a closed system of exceptions to an open-ended fair use approach;in the US the record industry has recently sent a letter to PEOTUS Trump [reported on The 1709 Blog], calling for action on the so called 'value grab' [not a joke - but who is the music executive who made the deliberate choice to call the 'value gap' 'grab' with someone like Trump himself?] [read post]
23 Dec 2016, 1:24 pm by Ron Coleman
More from Alison’s excellent piece: The Trademark Dilution law’s fair-use exception, which Judge Furman relied on in his summary judgment opinion, may end up short-circuiting constitutional consideration by the 2nd Circuit. [read post]
22 Dec 2016, 2:09 pm by Jeremy Malcolm
In other cases, stream ripping may be a fair use of a copyright-protected audio track. [read post]
22 Dec 2016, 8:29 am by Rebecca Tushnet
The remaining fair-use factors either weighed in MOB’s favor or were irrelevant. [read post]
22 Dec 2016, 12:00 am by rainey Reitman
In other big news, the Supreme Court asked the Solicitor General to weigh in on one of the fair use cases we’ve been championing for years, Lenz v. [read post]
21 Dec 2016, 7:42 am by Cecelia Chang and Daniel Kornstein
For example, there is a pending petition for certiorari, filed with the support of the International Trademark Association, which urges the court to determine the scope of the nominative fair-use defense, which applies to commentary and criticism referring to registered trademarks. [read post]
20 Dec 2016, 7:54 pm by Kerry Sheehan
They also rely on fair use and safe harbors to ensure that members of the public can access copyrighted works and to preserve our cultural commons. [read post]