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5 May 2016, 1:00 am by Jani Ihalainen
Although fair dealing/fair use do allow for some uses of works without infringing them, in the event that the use does infringe, can the owner of the work possibly sue for more than just damages, but also for compensation for moral prejudice? [read post]
4 May 2016, 9:27 am by Chris Castle
Let me guess–it’s the “fair use” that caused this growth rate, right? [read post]
3 May 2016, 2:51 pm by Rebecca Tushnet
  Then it would catch a lot of fair uses. [read post]
3 May 2016, 2:41 pm by Rebecca Tushnet
Every fair use case has to be judged on its facts. [read post]
3 May 2016, 2:30 pm by Rebecca Tushnet
 JC: Parsing definition of STM: what’s meant by the use of “open, fair and voluntary”? [read post]
3 May 2016, 5:42 am by Michael Geist
If anything, Canadian copyright law is still more restrictive than its U.S. counterpart, where fair use laws offer more flexibility to creators of all stripes than Canada’s fair dealing provisions. [read post]
3 May 2016, 5:38 am by Michael Geist
If anything, Canadian copyright law is still more restrictive than its U.S. counterpart, where fair use laws offer more flexibility to creators of all stripes than Canada’s fair dealing provisions. [read post]
3 May 2016, 4:43 am by Michael Risch
Accolade came out wrong because allowing fair use for an unlicensed game undermined the discount pricing for game consoles, but thought Whelan v. [read post]
2 May 2016, 8:54 pm by Rebecca Tushnet
Applicable Legal Standards  Official description: Actual and “red flag” knowledge requirements; financial benefit/right to control test; willful blindness; repeat infringers; good-faith requirements and Lenz; misrepresentation; fair use; use of representative lists; availability of injunctive relief; use of subpoenas; role of “standard technical measures”; and other pertinent issues. [read post]
2 May 2016, 2:50 pm by Rebecca Tushnet
  Most ISPs are like us, Wikimedia, Internet Archive: we receive relatively few notices, they’re generally illegitimate attempts to assert rights over titles or fair uses, we hand review each one, no capacity to build filters that are unnecessary anyway. [read post]
2 May 2016, 2:30 pm by Rebecca Tushnet
Beyond that, the Lenz decision has had a chilling effect on notice and takedown b/c photogs couldn’t evaluate fair use. [read post]
Fair use is an affirmative defense against a copyright infringement claim. [read post]
Fair use is an affirmative defense against a copyright infringement claim. [read post]
1 May 2016, 1:49 pm by streetartandlaw
However, the Court finds that when Defendants’ use of RIME’s work is considered in context, a reasonable inference can be drawn that Defendants knowingly committed the alleged conduct. [read post]
30 Apr 2016, 4:04 am by Andres
While I tend to hold favourable views of fan fiction, the scale of the Axanar project makes it difficult to defend as fair use, and if the case is decided only on these elements, I would expect that Paramount to win comfortably.But one part of the complaint has raised a lot of eyebrows (and not just in a Vulcan way). [read post]