Search for: ""fair use""
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29 Sep 2016, 11:00 am
ABC and Yahoo claim that the event was newsworthy and that only a small portion was used thus it was a “fair use” that did not require permission. [read post]
29 Sep 2016, 9:17 am
“[I]t is the defendant’s very use of the plaintiff’s identical trademark that makes the nominative fair use analysis necessary rather than application of AMF Inc. v. [read post]
29 Sep 2016, 7:43 am
Amy Adler, New York University School of Law, is publishing Fair Use and the Future of Art in volume 91 of the New York University Law Review (2016). [read post]
29 Sep 2016, 6:00 am
The matter then went to a second trial which found that the use of APIs was a fair use. [read post]
28 Sep 2016, 4:17 am
If anything, it might be a tailor-made case of nominative fair use. [read post]
27 Sep 2016, 8:00 am
Myth 1: “Musicians want to take away your “fair use” rights! [read post]
27 Sep 2016, 6:45 am
In this case, the jury’s verdict establishes that Denny registered five domain names with the bad faith intent and that Denny lacked a reasonable basis to believe the registration of the fifteen domain names was a fair use. [read post]
26 Sep 2016, 6:00 am
However, he goes on to say that the use of the song was a fair use, even if it is protected by copyright. [read post]
25 Sep 2016, 7:26 am
The court says “ONEPUL” and “one-pull” are semantically quite different, and many other competitors use the “one pull”/”one-pull” terms descriptively because they are common ways to describe the product feature (the court never mentions descriptive fair use because it says ONEPUL is suggestive). [read post]
25 Sep 2016, 5:00 am
Be ready to prove it https://t.co/Ey3MLtHGSk -> SDNY Reaffirms 'Volitional Conduct' Element of Infringement https://t.co/X7oxan8Erz -> How Italian courts used the right to be forgotten to put an expiry date on news https://t.co/MyCzo9TaBT -> Guide to the impact of Brexit on all IP rights | Chartered Institute of Patent Attorneys https://t.co/08xYLquRj8 -> Monetizing Data: Seizing Opportunities, Managing Risk – – a McCarthy Tétrault Advance™… [read post]
24 Sep 2016, 5:00 am
https://t.co/BdbSyEm1sR -> Oracle lawyers prevail in copyright case (No, not that, the other one) https://t.co/S6vDRRcXdt -> Damages per work set at lowest end of commercial range in Canadian copyright case https://t.co/yQPRTAYFw4 -> Insureds Score a Big Win at the SCC https://t.co/VhrFbRznTC -> FinTech in Canada: A Report Studying The Canadian FinTech Ecosystem https://t.co/NMENOcJ0S4 -> Grey Areas in Fair Use Defense Continuously Confuse Artists… [read post]
23 Sep 2016, 11:46 am
After two trials and various trips to the appellate courts, a San Francisco federal jury concluded in May that Google's use of the APIs amounted to fair use. [read post]
22 Sep 2016, 8:44 am
From Hixie's post: Much has been written on how DRM is bad for users because it prevents fair use, on how it is technically impossible to ever actually implement, on how it's actually a tool for controlling distributors, a purpose for which it is working well (as opposed to being to prevent copyright violations, a purpose for which it isn't working at all), and on how it is literally an anti-accessibility technology (it is designed to make content… [read post]
21 Sep 2016, 6:00 am
The case has been in the courts for years and has already had an appeals court rule that rightsholders must consider fair use before filing a takedown notice. [read post]
21 Sep 2016, 5:00 am
Be ready to prove it https://t.co/Ey3MLtHGSk -> SDNY Reaffirms 'Volitional Conduct' Element of Infringement https://t.co/X7oxan8Erz -> How Italian courts used the right to be forgotten to put an expiry date on news https://t.co/MyCzo9TaBT -> Guide to the impact of Brexit on all IP rights | Chartered Institute of Patent Attorneys https://t.co/08xYLquRj8 -> Monetizing Data: Seizing Opportunities, Managing Risk – – a McCarthy Tétrault Advance™… [read post]
20 Sep 2016, 9:04 am
"IP lawyer learns the hard way: Copying Newegg appellate brief is not fair use. [read post]
20 Sep 2016, 7:33 am
Wu, Georgetown University Law Center, is publishing Collaborative Academic Library Digital Collections Post- Cambridge University Press, Hathitrust and Google Decisions on Fair Use in volume 1 of the Journal of Copyright in Education and Librarianship (2016). [read post]
20 Sep 2016, 2:44 am
Kalidoss Raju, Cancellation No. 92058629 (September 13, 2016) [not precedential].Unclean hands The Board dismissed all eleven of respondent's so-called affirmative defenses, including laches, "fair use," and fraud. [read post]
19 Sep 2016, 8:23 pm
Universal Music Corp. 16-217 Issue: Whether the Ninth Circuit erred in concluding that the affirmation of good faith belief that a given use of material use is not authorized “by the copyright owner, its agent, or the law,” required under Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), may be purely subjective and, therefore, that an unreasonable belief—such as a belief formed without consideration of the statutory fair… [read post]
18 Sep 2016, 5:00 am
Google-funded group mad that US Copyright Office hasn't abolished copyright yet https://t.co/9jFgR5FDLK -> Yelp Must Face Data-Mining Privacy Suit https://t.co/SEGwrga3ba -> The IPKat: Linking after GS Media … in a table https://t.co/hgDoI3vYDQ -> Does Facebook need to act more like a news organization? [read post]