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21 Apr 2022, 10:07 am by Dennis Crouch
Goldsmith, reviewing a Second Circuit copyright decision on the issue of transformative fair use. [read post]
21 Oct 2023, 12:23 pm by Dennis Crouch
  The result then has been that users would focus on whether they have a license; whether the intended use is a “fair use;” and (perhaps) whether the copyright holder is likely to discover the infringement and attempt to enforce their rights. [read post]
7 May 2009, 8:26 am
This is just the fair use we've relied on for decades. [read post]
11 Mar 2008, 6:50 pm
It shows that a substantial amount of user-generated video uses copyrighted material in ways that are eligible for fair use consideration, although no coordinated work has yet been done to understand such practices through the fair use lens.... [read post]
23 Oct 2012, 6:00 am by The Dear Rich Staff
  A failure to respond to a fair use request should not strengthen or weaken a fair use defense. [read post]
7 May 2009, 9:00 am
The adverse effect on fair use the EFF's proposed exemption addresses is on the whole system of fair use. [read post]
31 May 2016, 6:45 am by Jonathan Bailey
H3H3, not wanting to take the money themselves, created a “Fair Use Protection Account” at their attorney’s office that will be used to others who are threatened unfairly over fair use issues. [read post]
4 Jun 2008, 2:45 pm
Therefore; this site has no control over the copyright issues of the streaming media.I'm all about fair use, and I think that a good-faith belief in the fair use status of the works should excuse any contributory infringement claim. [read post]
22 Nov 2010, 9:21 am by William McGeveran
I hope you’ll read the whole thing, but the upshot is: (1) the arguments for infringement and against a fair use defense are very strong and (2) raising fair use defenses in situations where it doesn’t belong hurts everyone. [read post]
10 Dec 2009, 9:45 am
Even though she did everything in her power to permit Nesson to make his best case for a fair-use defense, she said, he "would have none of it," instead using "a version of fair use so broad that it would swallow the copyright protections that Congress created. [read post]
21 Jun 2008, 12:26 pm
There is, of course, no fair use provision in the DMCA; fair use is much older than that piece of relatively recent legislation. [read post]
21 May 2024, 8:42 am by Gordon Firemark
Copyright and Fair Use: A Balancing Act Now, let's delve into the copyright and fair use aspects. [read post]
21 May 2010, 11:29 am by Kevin Smith
 In a fair use analysis, transformativeness strengthens the argument for fair use based on both the first fair use factor – the nature and purpose of the use – and the forth factor — the effect of the use on the markets for the original. [read post]
6 Sep 2007, 4:29 pm
  The case presents an intriguing and somewhat confusing fair-use struggle along the border between right of publicity and copyright law. [read post]
15 Nov 2013, 2:34 pm by Jonathan Bailey
During pre-release screenings the MPAA advices theaters to consider using night vision goggles to detect cameras and adding signage indicating recording devices are not allowed. [read post]
23 Jul 2010, 10:25 am by Mary Minow
  If a license is available, does that automatically negate Fair Use? [read post]
21 Nov 2010, 2:01 pm by Steven
Gawker claimed fair use — pointing to the Fair Use Wikipedia page and the Stanford University Libraries’ definition — but the matter isn’t all that straightforward. [read post]
4 May 2010, 7:23 am by Ken Davidson
MP3.com claimed that this activity was a transformative “space shift,” and therefore a non-infringing fair use. [read post]