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16 Oct 2023, 12:56 pm by Christine Corcos
The Supreme Court has balanced copyright and First Amendment interests by looking both to copyright law’s internal doctrinal limits (e.g., fair use) and to the “historical record. [read post]
21 Aug 2015, 2:50 pm by Vera Ranieri
Related Issues: Fair Use and Intellectual Property: Defending the BalanceRelated Cases: Megaupload Data SeizureShare this:   ||  Join EFF [read post]
5 Jul 2013, 8:02 am
THERE IS NO "DE MINIMIS" DEFENSE TO COPYRIGHT INFRINGEMENT................. 63 It says there is no de minimis defense in the Ninth Circuit, only fair use. [read post]
2 Apr 2013, 5:50 am by Sheldon Toplitt
(Case No. 12-civ.-95(RJS)) rejected the defendant's fair use and first sale doctrine defenses to the plaintiff's copyright infringement claim and said the defendant also is responsible for secondary copyright infringement.As reported by the Arstechnica.com blog, Judge Sullivan said using the Internet to transfer digital music files without the copyright holder's permission is a reproduction under federal copyright law. [read post]
17 Sep 2013, 4:00 am by Ray Dowd
  Additionally, the Seventh Circuit suggested that consideration of the fair use doctrine might be appropriate.Read Chief Judge Easterbrook's decision here. [read post]
14 Apr 2014, 6:00 am by The Dear Rich Staff
They may consider it a tradeoff for your cooperation, or they may believe you have a reasonable fair use claim, or they may simply feel that the hassle of pursuing you is greater than the potential rewards of a lawsuit. [read post]
28 Jun 2019, 11:51 am by Kit Walsh
Originally passed to combat infringement, the sweeping language of Section 1201 allowed courts to interpret its provisions to leave out critical speech protections such as the fair use doctrine. [read post]
25 Jun 2015, 6:25 pm
EFF's staff joined forces to pull trivial details from the rich canon of privacy, free speech, and intellectual property law, creating seven rounds about privacy and speech, the NSA, fair use in music, and more. [read post]
5 Mar 2023, 7:12 am
You can make junk of whatever sort you want based on works that are in the public domain or where you own or have licensed the rights or are engaged in "fair use. [read post]
9 May 2024, 9:30 pm by Karen Tani
The Supreme Court has balanced copyright and First Amendment interests by looking both to copyright law’s internal doctrinal limits (e.g., fair use) and to the “historical record. [read post]
24 Sep 2014, 2:09 pm
Schaffer may also have an argument based on fair use, and the first amendment. [read post]
26 Mar 2019, 3:35 pm by Rebecca Jeschke
“That aside, the posts are lawful fair uses—legal ways to use copyrighted material without permission—and Watchtower should know it. [read post]
19 Oct 2018, 10:11 am by Christine Corcos
Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production.Download the article from SSRN at the link. [read post]
31 Dec 2013, 12:18 am
 As noted by the Electronic Frontier Foundation (EFF), this was "a puzzling suit to bring -- if anything, the libraries have an even stronger fair use defense than does Google." [read post]
4 Oct 2018, 10:43 am by Rebecca Tushnet
 This claim was barred by nominative fair use. [read post]
25 Feb 2014, 4:51 am by Rebecca Tushnet
What this retelling is, is interpretive—perhaps a better word than transformative in this context; interpretation has a long history as recognized fair use. [read post]
5 Jun 2014, 9:21 am by The Dear Rich Staff
If you're only reproducing a small portion of the article, it's likely a fair use. [read post]
14 Nov 2012, 8:50 am by M. Umberger
This kind of exposure is always a fair use of news to me. [read post]