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26 Aug 2016, 6:00 am
First the organization wants an EU-wide fair use provision, which currently does not exist, a right to panorama, so that all EU landmarks can be photographed freely and a vow to not allow future legislation to harm the Internet, which includes not restricting hyperlinks or requiring licensing fees to upload content. [read post]
25 Aug 2016, 8:12 am
Under the descriptive fair use doctrine, a trademark can be used in its dictionary sense to describe the speaker’s own goods and services—that’s why Ocean Spray can market its cranberry juice as “sweet-tart” without infringing Nestle’s SweeTart trademark for candy. [read post]
24 Aug 2016, 4:35 am
Fair dealing [Singapore introduced an open-ended exception akin to fair use, yet called fair dealing, in 2010: see s35 of the Copyright Act]: whether the fifth factor (from the exception of “fair use”), which relates to obtaining a copy of the work within a reasonable time at an ordinary commercial price ["the possibility of obtaining the work or adaptation within a reasonable time at an ordinary… [read post]
23 Aug 2016, 12:44 pm
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]
19 Aug 2016, 1:48 pm
Lenz claimed fair use of the copyrighted material and sued Universal for misrepresentation of a DMCA claim. [read post]
19 Aug 2016, 6:00 am
After the appeals court reversed that ruling, it went back for a second trial, where the jury found that Google’s actions were a fair use. [read post]
18 Aug 2016, 3:39 pm
Take-Two claims the use qualifies as fair use and is de minimis. [read post]
18 Aug 2016, 3:13 pm
They do it to exercise of their right of fair use, to exposing wrongdoing in government, or to protect the safety and privacy of the public. [read post]
18 Aug 2016, 6:00 am
Let me know via Twitter @plagiarismtoday. 1: ‘NBA 2K’ Videogame Publisher Wants Judgment Allowing Use of Player Tattoos First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that, in the NBA tattoo lawsuit, Take-Two Interactive is asking the court to grant a declaration that their use of tattoos on NBA players was both fair use and de minimis use and that and that the claims rightsholder committed fraud when filing… [read post]
17 Aug 2016, 9:30 pm
As the chapters go along, we see the way that personalities inflect the supposedly impartial law; we see the role of gender in authorial self-fashioning; we see some of the fault lines which produce litigation; and we get a nice history of the evolution of the fair use doctrine. [read post]
17 Aug 2016, 3:13 pm
By Source, Fair use, https://en.wikipedia.org/w/index.php? [read post]
17 Aug 2016, 3:09 pm
By Source, Fair use, https://en.wikipedia.org/w/index.php? [read post]
17 Aug 2016, 11:11 am
I do believe that this "fair use" issue should never have been put before a jury in the first place, but if a new trial is ordered and the Marshmallow-related evidence becomes part of the case, even Judge Alsup's JMOL analysis (under those new circumstances) may be a different one than so far. [read post]
17 Aug 2016, 6:10 am
” [The court here means “registered” for (3), and this conflation pervades the opinion, including the treatment of (1)—after 1978, all original works are “born” copyrighted, so if you see a modern photo you know it’s “copyrighted,” though you may not know who owns the copyright or whether it has been licensed or whether a fair use is being made.] [read post]
16 Aug 2016, 12:42 pm
By Source, Fair use, https://en.wikipedia.org/w/index.php? [read post]
16 Aug 2016, 12:40 pm
By Source, Fair use, https://en.wikipedia.org/w/index.php? [read post]
16 Aug 2016, 9:07 am
It fails to require other countries to adopt an equivalent to the fair use right in U.S. copyright law, it includes only weak and unenforceable language about the importance of a free and open Internet and net neutrality, and its provisions on encryption technology and software source code fail to offer any protection against crypto backdoors. [read post]
16 Aug 2016, 6:45 am
The initial lawsuit caused quite a stir, sparking a crowdfunding effort that resulted in the Fair Use Protection Account (FUPA) that is being used to defend the Kleins in the case. [read post]
16 Aug 2016, 6:00 am
EFF feels that standard is too high and makes the fair use requirement “all but meaningless. [read post]
15 Aug 2016, 7:37 pm
Then, the burden will shift and the respondent will need to show that (i) before any notice of this dispute, respondent used, or demonstrably prepared to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; (ii) respondent has been commonly known by the domain name, even if no trademark or service mark rights have been acquired; or (iii) respondent is making a legitimate noncommercial or fair… [read post]
