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1 Feb 2013, 9:14 am
Okay, take all this discussion about first sale and apply it to nominative fair use. [read post]
4 Oct 2019, 2:11 pm
In fact, similar game plans to the Fair Pay to Play Act are already in motion, as Florida Representative Kionne McGhee-D filed HB-251[3] in the House of Representatives on September 30, which would allow Florida collegiate student-athletes to make commercial use of their own publicity rights. [read post]
28 May 2019, 4:41 pm
Supreme Court held today that a third-party defendant could not remove a class action to federal court under the Class Action Fairness Act (CAFA) because the term “defendant” as used in CAFA refers only to the party or parties sued by the original plaintiff. [read post]
28 Mar 2020, 7:05 am
The Court reviewed the 4 fair use factors – (1) purpose and character of the use; (2) nature of the copyrighted work; (3) amount and substantiality of the use; (4) effect on the market – and sided with Take-Two. [read post]
22 Jul 2010, 6:50 pm
Politics is poisonous to the fair administration of justice. [read post]
29 Mar 2009, 10:41 pm
It examines two recent proposals for addressing copyright and fair use, the UGC Principles and EFF Fair Use Principles. [read post]
21 Dec 2009, 6:31 am
The court heard the town council owns only some of the land used in the event, but not the area where Mr Glaister was injured. [read post]
27 Aug 2017, 3:32 pm
Based on the four fair use factors, we think you have a strong fair use argument. [read post]
12 Sep 2022, 8:38 am
Fair use is not a valid defence under Italian/EU law. [read post]
22 Apr 2016, 2:45 am
First, the Court adopted a much more tranchant language in relation to the fair compensation requirement than the one employed in earlier decisions [in particular: Copydan (here) and Reprobel (here)].Despite the wording of Recital 35 in the preamble to the InfoSoc Directive, at para 17 of the decision [see also para 48] the CJEU stated that:"where Member States decide to introduce the exception, provided for in Article 5(2)(b) of… [read post]
1 Feb 2016, 6:10 am
But such hateful use would probably be fair use, and protected by the First Amendment. [read post]
22 May 2014, 6:00 am
Copyright law requires permission unless: (1) the work is in the public domain; or (2) you are using so little of the poem -- for example, one or two lines -- that it qualifies as a fair use. [read post]
14 Sep 2018, 8:47 am
., 846 F.3d 625 (3d Cir. 2017) (finding standing to assert claims under Fair Credit Reporting Act based on alleged unauthorized disclosure of plaintiffs’ personal health information); and In re Nickelodeon Consumer Privacy Litig., 827 F.3d 262 (3d Cir. 2016) (finding standing for alleged violations of the Wiretap Act, the Stored Communications Act, and the Video Privacy Protection Act based on alleged unlawful use of cookies to track children’s internet history). [read post]
19 Apr 2011, 3:52 pm
Although the fact situation arises from the fairly specific circumstance of the use of 30 second previews of songs on iTunes, the overall issues that will inevitably be argued go straight to the heart of what is “fair dealing” and what “research” means. [read post]
30 Jun 2008, 12:07 pm
The Municipal Bond Fairness Act would also require ratings agencies to use one standard to rate both corporate and municipal bonds.Representative Frank was critical of the current bond rating system used by ratings agencies, stating that municipal bonds are held to an unfairly high standard because the ratings agencies take into account other factors, such as the state of municipal government, instead of focusing solely on the municipality’s ability to… [read post]
15 Jul 2008, 2:00 pm
" It was more colorful than the tone we tend to use, but we didn't disagree with much of it. [read post]
7 Jul 2020, 9:10 am
"Fair use" is a defense to infringement, and you can't infringe what isn't protected in the first place.It's unclear how many justices proposed the request for supplemental briefing. [read post]
28 Feb 2014, 6:00 pm
(Phoenix, for its part, wrote that it was happy to have its music remixed under fair use principles.) [read post]
16 Oct 2015, 4:00 am
As with all other aspects of their divorce, couples in mediation are empowered to decide together the fairest way to divide their estate, rather than having judges, attorneys and the divorce court decide for them. [read post]
17 May 2010, 4:42 pm
tweetmeme_source = 'raydowd'; Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. [read post]