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20 Nov 2017, 4:16 am by Ben
Given the group's nakedly hostile stance towards fair use, it should be no surprise that it doesn't want to see that sort of law exported to other countries and has worked to actively prevent its installation Down Under.It seems these efforts are not working, however, as the Australian government is currently entertaining not only adopting American-style fair use laws, but also adding exceptions to geo-blocking as well. [read post]
21 Aug 2019, 1:25 pm by Katharine Trendacosta
And people who send DMCA claims can’t pretend that fair use rights don’t exist—they have to consider whether the uploader may have been protected by fair use. [read post]
18 Jan 2014, 12:29 pm by Mitch Stoltz
The Supreme Court has said that fair use is a vital safeguard for the First Amendment's guarantee of free speech. [read post]
14 Aug 2015, 3:32 am by Ben
A new Australian fair use provision would mean the fair use of a copyright material would not constitute infringement, based on a series of as yet incomplete fairness factors -- including the purpose of the use, nature of the material, amount of the material used, and the use's effect on the material's value: in addition research for the purposes of study and education as well as news reporting, review, criticism,… [read post]
12 Aug 2019, 2:28 am by Afro Chic
\Yacoob indicated that on the basis of Constitutional prescripts that fair use is justifiable. [read post]
16 Nov 2012, 9:24 pm by Lloyd J. Jassin
  While essential to free expression, fair use is at best, an unpredictable doctrine. [read post]
14 Mar 2013, 3:42 am by Shouvik Kumar Guha
Email sent by Raju Ramachandran, a leading senior counsel and “suit author” who has opined that the creation and distribution of course packs for educational purposes is clearly covered by the copyright fair use and educational exception [wherein he’s stated, “I am of the clear view that photocopying of the essay for educational use would be 'fair use' and would also fall under the educational exception in our copyright law. [read post]
8 Aug 2015, 4:20 am by Ben
" saying what the USTR is really proposing is a limit on fair use by proposing a rule that would act as a ceiling for the kind of fair use-like protections for the public and making any provisons (in effect) voluntary by using the qualifications that signatories 'shall endeavour' to bring in a fair use scheme - almost all other provisions in the next must be incorporated into signatnories' domestic laws. [read post]
29 Apr 2014, 3:51 am
The defendants had argued that their use of the photograph was fair use. [read post]
30 Jul 2018, 7:28 am
Neither the Sixth Circuit nor the Ninth Circuit brings fair use into its analysis, but the Bridgeport court did mention that the fair use defense would be permissible on remand. [read post]
15 Aug 2017, 12:57 pm
Schmidt also concluded that the legal system (with respect to the fair use defense) during the 1990-2017 period, both shapes and is being shaped by environmental factors, which are essentially dynamic. [read post]
1 May 2013, 5:44 pm by Andrew F. Sellars
Many of these cases arise when a critic uses expressive material created by the target of criticism to substantiate or illustrate their critique – a classic example of a "fair use." [read post]
25 Feb 2015, 9:33 am by Maira Sutton
Fair Use: The TPP does not contain rules like the United States' flexible fair use regime. [read post]
16 Nov 2012, 9:24 pm by Lloyd J. Jassin
  While essential to free expression, fair use is at best, an unpredictable doctrine. [read post]
31 Mar 2017, 5:47 am by Marie-Andree Weiss
Koons had unsuccessfully asserted fair use as a defense, but, in light of Cariou, the Second Circuit would likely now find it is fair use. [read post]
14 May 2012, 8:13 am by Blaine T. Bettinger
Accordingly, the remainder of the decision hinged on the third and fourth fair use factors. [read post]
14 May 2012, 8:13 am by Blaine T. Bettinger
Accordingly, the remainder of the decision hinged on the third and fourth fair use factors. [read post]