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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]
23 May 2013, 5:37 am
Recently, a client approached us after losing his job as a cashier at a convenience store. [read post]
23 May 2013, 5:37 am
Recently, a client approached us after losing his job as a cashier at a convenience store. [read post]
1 Jan 2009, 10:33 pm
In fact, isn't there a legal requirement that such comparisons (which are being used to solicit insurance products) be fair and accurate? [read post]
1 Feb 2013, 9:14 am
Okay, take all this discussion about first sale and apply it to nominative 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]
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]
16 Jan 2023, 9:50 am
Fair use makes it possible for us to comment, criticize, and rework our common culture. [read post]
21 Jan 2023, 7:53 am
The post Bail Reform Used as Political Bogeyman appeared first on . [read post]
20 Sep 2023, 7:16 am
The crash was reported at around 1:01 p.m. on US-259 near US-59. [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]
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]
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]
16 Jun 2023, 4:55 am
Most often, covered expatriates subject to the exit tax are taxed on the fair market value of their assets at a long-term capital gains rate of 23.8% (excluding the first $767,000).5 The exit tax, in other words, is imposed as if you’d sold all of your worldwide assets on the last day that you held US citizenship. [read post]
6 Apr 2012, 10:35 am
The hosting company asked to either be compensated for the expenses of running the servers or be given permission to re-provision them for use by other customers. [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]
2 Dec 2015, 6:41 pm
If the city owns the copyright in the photos your use would be an infringement unless you can justify your presentation as a fair use as happened in this city, and this one, too.The city seal. [read post]
6 Mar 2012, 10:50 am
For a very short, lucid and readable (by lawyers and non-lawyers alike) analysis of the state of the law on fair use in the USA, see Patricia Aufderheide and Peter Jaszi, Reclaiming Fair Use (2011) available on Amazon for immediate shipment. [read post]
7 Jan 2010, 12:15 pm
In this Fair Debt... [read post]
