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17 Sep 2016, 5:00 am by Barry Sookman
Publishers lose copyright case against DU’s photocopy shop | delhi | https://t.co/urHGsW3Gwt -> Company that owns rights to viral videos is suing for copyright violation https://t.co/XpOD0UIXgt -> IP lawyer learns the hard way: Copying Newegg appellate brief is not fair use https://t.co/640jz1KbYN -> German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers https://t.co/CP1T2Lvgwb -> CASL | Anti-spam | CASL is an illogical… [read post]
15 Sep 2016, 2:33 pm
This morning the main Summit kicked off with a welcome from Mallun Yen (Executive VP of RPX and co-founder of ChIPs) running through the year's IP news from the fair use decision in Google v Oracle, the new Defend Trade Secrets Act and emergence of once dormant patent assertion entities, but she also focused on the gender and diversity issues that continue to face the tech sector (more on that later). [read post]
15 Sep 2016, 4:17 am by David
 In an order granting the defendant lawyer’s motion to amend the final pre-trial order to add fair use, the district court held that there was no fair use on summary judgment. [read post]
14 Sep 2016, 12:14 am by Jeremy Malcolm
Vital components of U.S. law such as fair use and net neutrality are missing or non-binding in the TPP. [read post]
10 Sep 2016, 2:16 pm by Rebecca Tushnet
A procedural aspect: more likely to think distributional outcomes are fair if the procedures used to determine outcomes are non-arbitrary or otherwise perceived as fair.Psych literature can link efficiency and fairness. [read post]
9 Sep 2016, 12:24 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]
9 Sep 2016, 11:33 am by Rebecca Tushnet
  Which questions should we follow up on to give us purchase on questions for legal scholars/regulators? [read post]
8 Sep 2016, 2:41 pm by Andrea Shannon (US)
Some users on social media, for instance, may have a fair use defense to their use of the trademark, and other uses may be deemed “non-commercial. [read post]
8 Sep 2016, 2:41 pm by Andrea Shannon (US)
Some users on social media, for instance, may have a fair use defense to their use of the trademark, and other uses may be deemed “non-commercial. [read post]
8 Sep 2016, 6:59 am by Michael Geist
Where educational uses are more substantive and therefore fall outside of fair dealing, the content is either purchased to be added to licensed collections, or rights clearances are obtained and royalties are paid for these uses. [read post]
1 Sep 2016, 9:28 am by Eric Goldman
As another alternative finding, the court says that Bio Clean’s usage of the term would qualify as descriptive fair use, including the metatags: The other use on the website, in the metatags, is also descriptive, and not as a trademark. [read post]
31 Aug 2016, 5:11 pm by Aurelia J. Schultz
  And if we’re not selling the photos, then it’s fair use. [read post]
31 Aug 2016, 3:20 pm by Jeremy Malcolm
Copyright Exceptions and Licensing: No Fair Use In the report that MEP Julia Reda drafted for the European Parliament last year, she suggested that Europe could do with new, standardized copyright exceptions covering topics such as freedom of panorama (the freedom to photograph public buildings and monuments), education and research, and e-book lending by libraries, as well as a general "fair use" style right for other purposes not caught by a more… [read post]
30 Aug 2016, 12:59 pm
Speaking of excellent points by Amy Adler (who by the way co-teaches the best art law seminar in the world), she has a terrific new law review article out:  Fair Use and the Future of Art.I’ve never thought the transformative test was remotely helpful either.And one more interesting recent Adler piece here. [read post]
29 Aug 2016, 6:12 am by J. Michael Goodson Law Library
Many educational uses of copyrighted material should fall under non-profit fair use, for which no additional permission is needed (although the guide notes best practices for citing even copyright-free images). [read post]
28 Aug 2016, 8:56 am by Walter Olson
Olympic Committee stronger rights over the word “Olympics” than it would get under ordinary trademark law, including wider scope to go after parody and other situations that will sometimes arguably be fair use. [read post]
26 Aug 2016, 12:56 pm by Jeremy Malcolm
This is because copyright exceptions that exist in the United States (such as fair use) and in various forms across Europe (such as quotation, parody, and news reporting), mean that not every act of copying is an infringement. [read post]