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27 May 2009, 9:08 am
  In one sense, this “safe harbor” has been good for fair use, allowing the creation of user generated content sites like Flickr and YouTube where lots of fair use experimentation can take place. [read post]
16 Nov 2011, 6:48 am by David Woycechowsky
Fair Use: In disputes over copyrighted materials that are used for educational purposes, fair use is frequently raised as a defense. [read post]
18 Aug 2022, 4:50 pm by Thomas James
The Court of Appeals reversed, holding that the district court misapplied the four “fair use” factors and that the derivative works Warhol created do not qualify as fair use. [read post]
18 Aug 2022, 4:50 pm by Thomas James
The Court of Appeals reversed, holding that the district court misapplied the four “fair use” factors and that the derivative works Warhol created do not qualify as fair use. [read post]
28 Jun 2014, 10:37 am by Eric Goldman
On summary judgment, the court again addressed the fair use issues and a magistrate judge recommended dismissing the case due to fair use: * Nature of Use. [read post]
30 Jun 2011, 7:45 pm by Eric E. Johnson
Crazy, because that’s often a show-stopper for fair use. [read post]
30 Oct 2014, 5:59 am by Kevin Smith, J.D.
  I am afraid it has gotten pretty muddy: The first fair use factor — the purpose and character of the use — continues to favor fair use whenever that use is undertaken by a non-profit educational institution. [read post]
14 Feb 2013, 6:45 am by Kevin Smith, J.D.
  We could make more money without fair use, and therefore that money should be taken into account when deciding whether or not something is fair use. [read post]
7 Jul 2009, 2:22 pm
The opinion walks through the four-factor fair-use analysis pretty methodically, relying fairly heavily on quotes from other fair use cases. [read post]
16 Aug 2012, 10:37 am by Gordon Firemark
The Court Rulings The lower court  threw out the case on fair use grounds, but the appeals court has now ruled otherwise, pointing out that newsworthiness is but a single factor in the fair use analysis, and finding that the other factors weighed more heavily against a finding of fair use. [read post]
11 Jun 2015, 5:22 am by Kevin Smith, J.D.
So although the report does recommend that any legislative “solution” to the orphan works problem should preserve the users’ ability to rely on fair use, the CO does not seem to feel that fair use is very helpful. [read post]
2 Jun 2009, 3:35 am
The antidote to JISC’s lack of reference to fair use is this final video from the Center for Social Media on Fair Use and Online Video. [read post]
8 Apr 2021, 9:55 am by Eugene Volokh
 Likewise, while the recent Warhol case at times seems to imply that the derivative works right overrides fair use, the same GvO passage says that copyright provides both reproduction and derivative works right, but also subjects all works to fair use. [2.] [read post]
8 May 2007, 8:02 am
  This fair use argument appears to be the "nominative fair use" argument the Ninth Circuit Court of Appeals (the court whose law applies to this case, as it was filed in California federal court) found compelling in New Kids on the Block v. [read post]
28 Jul 2009, 4:02 am
Based on this finding, the private purpose of this use, the substantiality and lack of transformation, and those additional factors the Court is entitled to consider, the Court holds that Tenenbaum's alleged infringement was not a fair use. [read post]
23 Dec 2021, 2:09 am by Thomas James
Illustrating the murkiness of the “fair use” concept, the United States Supreme Court declared that this was fair use. [read post]