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13 Aug 2009, 8:25 am
Reflections on the Nature of the Second Fair Use Factor. [read post]
21 Aug 2010, 3:00 am by Steve Baird
Of course, other activities that fall short of logo use may too, but activities simply and truthfully representing that one repairs Volvo automobiles, without more, should be fair use -- nominative fair use of a trademark, that is. [read post]
19 Nov 2010, 1:58 pm by Christopher Bird
(It's worth noting that the online fair use summary Gawker linked to when they sarcastically mocked Palin's legal knowledge actually refers to this case specifically in discussing when something is and is not fair use.)Interestingly, were this incident to occur in Canada, fair dealing (the Commonwealth equivalent of fair use) a finding of fair dealing might be more likely, given that under Canadian caselaw -… [read post]
6 Sep 2020, 10:56 am by Evan Brown
Copyright law provides that if use of content is fair use, then it is not infringing. [read post]
21 Aug 2008, 10:24 am
Not so, according to Judge Jeremy Fogel, who states: "Even if Universal is correct that fair use only excuses infringement, the fact remains that fair use is a lawful use of a copyright. [read post]
22 Feb 2012, 4:51 pm by Eugene Volokh
The question is whether the commercial posting of the briefs is fair use; and fair use law is, as usual, vague enough that there’s no clear answer. [read post]
12 Nov 2008, 7:01 pm
There’s just so much FUD out there about fair use. [read post]
24 Jul 2015, 1:59 pm by Scott Hervey
Lenz argues that her post was clearly fair use and that Universal’s failure to consider fair use was willful blindness. [read post]
7 Mar 2014, 11:17 am by Rebecca Tushnet
”  (One way of reading this is that fair use is substituting or supplementing the incidental use exception for works caught in photos or video of a more general subject.) [read post]
14 Jan 2019, 1:53 pm by Ben
Justice Souter in that case had held that, parody, like comment or criticism, is bound to be covered under fair use and Section 107 of the US Copyright Act. [read post]
25 Aug 2018, 1:06 pm by Kelsey Farish
”In its 18-page response, Disney is citing both the US Constitution’s First Amendment and the principle of fair use in its defense. [read post]
14 May 2012, 8:13 am by Blaine T. Bettinger
Accordingly, the remainder of the decision hinged on the third and fourth fair use factors. [read post]
14 May 2012, 8:13 am by Blaine T. Bettinger
Accordingly, the remainder of the decision hinged on the third and fourth fair use factors. [read post]
19 Feb 2013, 2:03 pm by Sarah Tran
Furthermore, according to the authors, neither first sale nor nominative fair use are evaluated uniformly across the circuits. [read post]
3 Jul 2014, 4:51 pm by Jeremy Malcolm
In the United States and a growing number of other countries, this space is provided by flexible copyright limitations such as fair use. [read post]
29 Apr 2014, 3:51 am
The defendants had argued that their use of the photograph was fair use. [read post]
16 Nov 2012, 9:24 pm by Lloyd J. Jassin
  While essential to free expression, fair use is at best, an unpredictable doctrine. [read post]