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1 Apr 2016, 7:02 am
After all, fair use is either a defense or a privilege of a third party to make use of the protected work of another person without permission. [read post]
31 Mar 2016, 12:13 pm
Google has defended against the allegations by arguing, inter alia, that its use of the copyrighted material was permissible as a fair use. [read post]
31 Mar 2016, 11:09 am by The Dear Rich Staff
 That leaves podcasters with two choices: operate without permission (and hope to be excused as a fair use if hassled) or acquire Podsafe music. [read post]
31 Mar 2016, 8:51 am
 The Office also recommended that fair use  should be left alone so that the body of case law can develop. [read post]
” To deal with this reality, the court affirmed that computers may be leveraged to support the fair use analysis. [read post]
29 Mar 2016, 7:54 pm by Ron Coleman
They also increasingly tend to side with mark holders and, as the trend of cases over the last few years makes clear, they don’t get fair use. [read post]
29 Mar 2016, 7:54 pm by Ron Coleman
The Big G later relented, probably realizing there wasn’t much genericization risk (Google’s current, and belated, obsession) here and — because I know their trademark people are top-notch — recognizing brand-healthy nominative fair use when they see it. [read post]
29 Mar 2016, 6:10 am by Michael Geist
With a robust venture capital community, more competitive telecommunications market, laws that support innovative Internet companies through copyright fair use and liability safe harbours, and a well-developed entrepreneurial culture, Canada is a long way from replicating the U.S. innovation environment. [read post]
29 Mar 2016, 5:50 am by Michael Geist
With a robust venture capital community, more competitive telecommunications market, laws that support innovative Internet companies through copyright fair use and liability safe harbours, and a well-developed entrepreneurial culture, Canada is a long way from replicating the U.S. innovation environment. [read post]
27 Mar 2016, 4:00 am by Barry Sookman
https://t.co/9bUAn9MWBg -> Porn site's use of TMs in metatags not confusing https://t.co/7XJzWptFgB -> Samsung gets U.S. [read post]
26 Mar 2016, 4:58 am by Ben
As Elonora tell us over on the IPKat, the answer is unsurprisingly yes -  and the use is not protected by the doctrine of fair use nor by 'safe harbour' - confirmed by Arnold J in his 174-paragraph judgment in England And Wales Cricket Board Ltd & Another v Tixdaq Ltd & Another [2016] EWHC 575 (Ch).The German head of digital-economy policy at the European Commission, Günther Oettinger, is considering rolling out  German… [read post]
26 Mar 2016, 4:00 am by Barry Sookman
YouTube Trial: Juror Says YouTuber's Incorporation of Unlicensed Clips Is Not Fair Use https://t.co/az5OXIKMl5 -> Computer and Internet Updates for 2016-03-24 https://t.co/udGe07dGMa -> Wiggin promotes two to partner in London – congrats https://t.co/0msq1DH9J5 -> British Recording Group Calls for 'Urgent Reform' of Search Takedowns, Google Responds https://t.co/a1pOfCJXwo -> Trump campaign sued for copyright infringement by owners of iconic bald… [read post]
25 Mar 2016, 6:44 am
In a departure from established legal precedent, the court ruled that this was enough to defeat TVEyes' fair use defense. [read post]
24 Mar 2016, 11:12 am by Media Law Prof
Jon Garon, Shepard Broad College of Law, has published The Lawyer's Role in Promoting the Use of Fair Use. [read post]
24 Mar 2016, 9:46 am by Chris Castle
Preserving a Defense that Will Never Be Used If Von Lohman thinks that these might be “fair use”–which is an odd position for a number of reasons–let’s all remember that “fair use” (like the safe harbor) is an affirmative defense to copyright infringement that a defendant could raise if they showed up to defend themselves in a U.S. court. [read post]
24 Mar 2016, 8:43 am by Rebecca Tushnet
Arguing that TVEyes' database and its functions are fair use. [read post]
24 Mar 2016, 8:38 am by Rebecca Jeschke
In a departure from established legal precedent, the court ruled that this was enough to defeat TVEyes’ fair use defense. [read post]
23 Mar 2016, 3:10 pm by Jonathan Bailey
However, in New Zealand, there is no fair use exemption, only a much more limited fair dealing one, and it is unclear if the video would qualify for the exemption. [read post]