Search for: ""fair use""
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4 Feb 2016, 4:00 am
If the use is unfair (i.e., not a fair use), a plaintiff does not have to prove any knowledge or intent to make its case. [read post]
4 Feb 2016, 4:00 am
Unless the poster has entered the no-man's land of fair use, where there's refuge in the interstices of the law, it's self-incriminating behavior. [read post]
4 Feb 2016, 4:00 am
If the use is unfair (i.e., not a fair use), a plaintiff does not have to prove any knowledge or intent to make its case. [read post]
3 Feb 2016, 5:42 pm
Those who are vaguely familiar often assume that their use is within the bounds of Copyright’s Fair Use exception. [read post]
3 Feb 2016, 8:19 am
If the use is unfair (i.e., not a fair use), a plaintiff does not have to prove any knowledge or intent. [read post]
3 Feb 2016, 7:22 am
Universal case (464 US 417) in 1984, that making a recording of television broadcasts off-the-air for later viewing was a “fair use” of the copyrighted content in the broadcast. [read post]
2 Feb 2016, 7:45 am
Sometimes it's censorship that many people approve of, such as blocking someone merely making use of someone else's work -- and sometimes it's used to censor political criticism. [read post]
1 Feb 2016, 5:01 pm
EFF has long held that extreme criminal copyright rules chill people’s rights, especially in countries where copyright law doesn’t protect users’ freedom of speech through robust fair use exceptions. [read post]
1 Feb 2016, 6:10 am
But such hateful use would probably be fair use, and protected by the First Amendment. [read post]
29 Jan 2016, 11:47 am
Facing the risk of statutory damages and the time-consuming nature of resolving fair use cases, most remixers back down instead. [read post]
29 Jan 2016, 5:17 am
” Cosplay, Copyright and Fair Use — “Despite Public Knowledge’s attempt to have cosplayers believe otherwise (and support them and Star Athletica), cosplayers are not going to feel the brunt of any decision the Supreme Court makes on the designs of cheerleading uniforms. [read post]
28 Jan 2016, 9:51 am
No love for an exception for noncommercial user-generated content (Canada's YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW's contributions. [read post]
28 Jan 2016, 6:14 am
Moreover, defenses of fair use or parody are particularly difficult to evaluate as courts frequently reach different conclusions on similar facts. [read post]
27 Jan 2016, 12:58 pm
LV’s hyper-aggressive pursuit of alleged trademark infringers has included what is surely the poster child of trademark bullying – LV’s ridiculous assertion that Penn Law School’s Student Intellectual Property Group’s use of the distinctive LV pattern in its posters for a symposium it was holding on “fashion law” was “egregious action [that] is not only a serious willful infringement and knowingly dilutes the LV Trademarks, but also may… [read post]
26 Jan 2016, 6:00 am
Crew qualify for fair use of the iPhone 6 mark? [read post]
26 Jan 2016, 3:39 am
The Board declined to consider applicant’s parody defense because applicant asserted an intention to use its marks as source indicators, which is neither a noncommercial use nor a “fair use” exempted from a dilution claim. [read post]
25 Jan 2016, 10:45 am
Evan wisely asks whether this is really trademark infringement at all, and not fair use or some other defense such as the first use doctrine, and notes:And Alienware may have anticipated this defense, alleging that it’s only “Alienware” serving as the source identifier for the offer, and “[t]here is no other recognizable or identifiable indication of source. [read post]
25 Jan 2016, 8:07 am
Size cuts decisively in favor of fair use. [read post]
Transparent and Participatory Processes Are Vital to Creating Copyright Rules that Work for Everyone
22 Jan 2016, 12:08 pm
Copyright law achieves this in some jurisdictions through policies such as fair use, but more often than not it fails to address the concerns of anyone who isn't a copyright holder. [read post]
22 Jan 2016, 11:32 am
• Fair Use Rights. [read post]
