Search for: ""fair use""
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21 Jun 2023, 6:38 am
If a mark is used to parody or make fun of a trademark owner, this “expressive aspect” of the use should influence the likelihood of confusion analysis. [read post]
21 Jun 2023, 4:00 am
The US fair use provision states: …. [read post]
20 Jun 2023, 9:58 am
Thus, copyright questions implicated by generative AI (e.g., fair use), which have received the most significant press attention so far, are not the only pivotal intellectual property issues that require policy level attention. [read post]
20 Jun 2023, 6:07 am
This has important implications for the doctrine of fair use. [read post]
19 Jun 2023, 6:50 am
However, GGT’s website use of Xfinity’s logo was nominative fair use as a matter of law. [read post]
17 Jun 2023, 7:08 am
Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. [read post]
16 Jun 2023, 1:26 pm
Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. [read post]
16 Jun 2023, 12:04 pm
With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses. [read post]
16 Jun 2023, 11:54 am
With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses. [read post]
16 Jun 2023, 11:46 am
With regard to dilution, the Ninth Circuit held that VIP was protected by the fair use exception for noncommercial uses. [read post]
15 Jun 2023, 10:00 am
In 2019, the Ninth Circuit agreed with the lower Court that Zillow was “not liable for direct, secondary, or contributory infringement;” however, it had concluded that “Zillow’s addition of searchable functionality on the Digs home design webpages was not fair use. [read post]
15 Jun 2023, 4:52 am
” Concerning dilution, the Court found that the Ninth Circuit’s view of the “noncommercial use” exclusion effectively nullified “Congress’s express limit on the fair-use exclusion for parody,” further stating, “the fair-use exclusion has its own exclusion: It does not apply when the use is ‘as a designation of source for the person’s own goods or services. [read post]
14 Jun 2023, 8:06 pm
The license should not restrict the rights of authorized users under copyright law including fair use. [read post]
14 Jun 2023, 1:05 pm
As to training AI systems, the Professor, in written testimony, suggested that perhaps AI training on copyrighted works should be expressly deemed fair use, but creators should have a mechanism to opt-out of having their data used for training purposes. [read post]
12 Jun 2023, 10:30 pm
Check out some of Jeremy's articles for Lexis Practical Guidance including: Exclusive Rights of Copyright Owners and Fair Use Considerations . [read post]
12 Jun 2023, 1:24 pm
According to the court, the paintings Warhol created using her photograph were not sufficiently different from the photograph to count as fair use. [read post]
9 Jun 2023, 8:20 am
Kagan finds that reading of the statute untenable, because the statute’s protection for fair use is limited, explicitly, so that it does not apply for use “as a designation of source for the person’s own goods or services. [read post]
9 Jun 2023, 8:00 am
We also note that this is the second case within the past month where the Supreme Court reined in a fair-use defense in the context of the nature of the use. [read post]
8 Jun 2023, 6:30 pm
The trademark statute includes a fair-use exception, but it only applies in situations where the accused dilution/tarnishment is a use “other than as a designation of source. [read post]
8 Jun 2023, 5:36 pm
Justice Kagan pointed to the statutory language in the Lanham Act indicating that the fair-use exception has an exclusion for source-indicating use and concluded: "The problem with the Ninth Circuit's approach is that it reverses the statutorily directed result" in cases such as this one and would "nullify Congress's express limit on the fair-use exclusion for parody. [read post]
