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13 Jan 2016, 5:46 am by Tim Sitzmann
This decision demonstrates the subjective nature of evaluating parody and fair use defenses. [read post]
10 Jan 2016, 2:16 pm by Ray Dowd
The burden of proof then shifted to Christenson, because, like "fair use" or DMCA safe harbors, the "first sale doctrine" is an affirmative defense. [read post]
9 Jan 2016, 4:00 am by Barry Sookman
TPP is an evolution, not a revolution, in Canada’s journey https://t.co/EF144r79nF -> CES 2016: Hoverboard booth raided following patent complaint https://t.co/6GJDDz69BD -> Cybersecurity – role of the board of directors https://t.co/IU0XhmDcRW -> 'Hateful Eight' Producer on Piracy: "Aspirin Ain’t Curing the Plague" (Guest Column) https://t.co/qFl0CGkc6l -> Hateful Eight Producer: Google Uses Fair Use as Piracy Distraction… [read post]
8 Jan 2016, 3:26 pm by TWiT
Hosts: Denise Howell, Sarah Pearson Guests: Miranda Bogen, Brian Focarino The Dutch government's statement on encryption, man who shot a drone over his property gets sued by the drone pilot, modifying Bratz dolls into Star Wars characters, South Park and fair use, and more! [read post]
8 Jan 2016, 12:56 pm by J. Michael Goodson Law Library
If using subscription resources, be sure to consult any associated use restrictions on the items you'd like to download.For more information about copyright law and permissions, the Medical Center Library at Duke has a helpful guide to Copyright and Education, which covers such topics as obtaining permissions and fair use. [read post]
7 Jan 2016, 11:55 am by Eric Goldman
Therefore, the language of the sponsored ads could have caused initial interest confusion; that is, consumers being lured to Amazon with the expectation of SeroVital being available for purchase on the Amazon marketplace. * Upstart Business Journal: Shapeways, Kickstarter, Etsy and others ask the White House to protect their users from ‘abuse’ * Pinterest loses its trademark enforcement action against Pintrips: “the word pin and the act of pinning are common and well-understood… [read post]
6 Jan 2016, 6:07 pm by Joe Mullin
An appeals court ruled that content owners must consider fair use, but also suggested that takedown software would pass muster. [read post]
6 Jan 2016, 8:56 am by Eric Goldman
August 25, 2015): “TVEyes’ archiving function qualifies as fair use, and its downloading and Date-Time search functions do not qualify as fair use. [read post]
6 Jan 2016, 6:35 am
 Judge Leval's recent decision in the Google Books case -- decided after Prince-Cariou -- tells us that the fourth fair use factor -- "the effect of the copying use upon the potential market for or the value of the copyrighted work" -- is the most important. [read post]
6 Jan 2016, 4:00 am by Barry Sookman
Supreme Court seen as unlikely to take up Google Books fair use case https://t.co/lodAKvj9m7 -> Copyright and Plagiarism in 2016 (And 2015) | Plagiarism Today https://t.co/ZTviqHu3fM -> How Canada's spam legislation affects global email practices https://t.co/ltLgXFHdkc -> Warner Bros. [read post]
5 Jan 2016, 10:28 am by Jonathan Bailey
Prince has a lengthy history of appropriating photographs for his work, famously being sued in 2009 by Patrick Cariou but, in that case, the court ruled that most of Prince’s work was a fair use, eventually prompting a settlement between the two on the remaining works. 3: ‘New Girl’ Copyright Case Vetoed By Judge Finally today, Patrick Hipes at Deadline Hollywood reports that a U.S. [read post]
4 Jan 2016, 8:12 am by Jonathan Bailey
However, the case is ongoing with Google also arguing that the use of APIs is a fair use and otherwise non-infringing. [read post]
4 Jan 2016, 6:00 am by Steve Baird
So, when Duke’s Seafood & Rib Shack restaurant wants to create a name for their bar, permission would be required to use the Corona brand — there is no applicable trademark fair use defense merely because they happen to resell Corona beer, even if a lot of it: And, if you’re wanting to name a crepe menu item that contains both peanut butter and chocolate, it isn’t fair use to call it the Reese’s Cup, or if the crepe… [read post]
4 Jan 2016, 1:29 am by Ben
The Guild say the case "represents an unprecedented judicial expansion of the fair-use doctrine that threatens copyright protection in the digital age. [read post]