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21 Dec 2015, 4:00 am by Barry Sookman
LTD. v. uCOOL, INC. https://t.co/DyoGX8FYr2 -> Use of photo in blog post is fair use says US CA Katz v. [read post]
21 Dec 2015, 1:31 am
 * Surprise agreement on trade secrets – but still surprisingly secretiveAnother IP-Christmas present from Brussels is the “provisional agreement” on the proposed EU Trade Secrets Directive, which Kat friend Mark Ridgway (Allen & Overy) comments for us. [read post]
20 Dec 2015, 4:00 am by Barry Sookman
Copyright Office Updates Their “Fair Use” Database https://t.co/OmVU3FH14l -> News: Court of Appeal dismiss Mirror Phone Hacking Appeals on all grounds https://t.co/4jfL6VuLiR -> Strasbourg: Zakharov v Russia, Grand Chamber re-affirms case law on state surveillance https://t.co/dnS6bJHpdt -> Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee https://t.co/uCp018Yi3g -> Streaming Royalties Rise, but Not as High as Music Industry Wanted… [read post]
20 Dec 2015, 2:13 am by Ben
 Tong said the Hong Kong law’s adoption of the British model for specifying what acts are to be exempted under a “fair dealing” doctrine (for parody, satire, caricature, pastiche, reporting and commenting on current event and quotation) is preferable to the US approach of a blanket “fair use” exemption, which internet users say offers the most protection. [read post]
18 Dec 2015, 4:45 pm by TWiT
Hosts: Denise Howell Victories and letdowns for new exemptions to the 2015 DMCA Anti-Circumvention provisions, YouTube's new Fair Use Protection Program and DMCA reform, the trial over "Happy Birthday" copyright is cancelled, and more! [read post]
18 Dec 2015, 2:04 pm by Jonathan Bailey
However, the judge felt the play’s use of the bit was transformative and a fair use. [read post]
18 Dec 2015, 9:22 am by Rebecca Tushnet
  Claiming rights in the routine, plaintiffs, heirs of Abbott and Costello, sued for copyright infringement, and the court found fair use on the pleadings. [read post]
18 Dec 2015, 4:00 am by Barry Sookman
Copyright Office Updates Their “Fair Use” Database https://t.co/OmVU3FH14l -> News: Court of Appeal dismiss Mirror Phone Hacking Appeals on all grounds https://t.co/4jfL6VuLiR -> Strasbourg: Zakharov v Russia, Grand Chamber re-affirms case law on state surveillance https://t.co/dnS6bJHpdt -> Exceptions To Copyright To Remain On Agenda Of WIPO Copyright Committee https://t.co/uCp018Yi3g -> Streaming Royalties Rise, but Not as High as Music Industry Wanted… [read post]
18 Dec 2015, 2:00 am by Brent Lorentz
The post Fair Use’s Jedi Knight appeared first on DuetsBlog. [read post]
17 Dec 2015, 4:31 am by Gordon Firemark
Universal (Dancing Baby / Fair Use a right) Blurred Lines Case Innocence of Muslims Ruling (and possible  en banc review) Pre ‘72 Copyrights – Turtles case, etc. [read post]
17 Dec 2015, 3:22 am by Jeremy Malcolm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade Agreements and Digital RightsTrans-Pacific Partnership AgreementShare this:   ||  Join EFF [read post]
16 Dec 2015, 3:26 pm by Elliot Harmon
Related Issues: Fair Use and Intellectual Property: Defending the BalanceFile SharingInnovationOpen AccessShare this:   ||  Join EFF [read post]
16 Dec 2015, 10:42 am by Kimberly Buffington and Carolyn S. Toto
In the United States, a transformative use is considered a fair use and exempted from copyright infringement liability. [read post]
16 Dec 2015, 9:22 am by Jonathan Bailey
The bill has become highly contentious with proponents saying that current Hong Kong copyright law doesn’t do enough to stop rampant piracy but opponents express concern that the law does not do enough to protect legitimate use of content and want a United States-like fair use system. 3: End of an Epic? [read post]
15 Dec 2015, 11:19 am by Audrey A Millemann
Google moved for summary judgment on its fair use defense. [read post]
15 Dec 2015, 9:21 am by Lisa Larrimore Ouellette
My own scholarship and scholarly reading focuses most heavily on patent law, but I've recently come across a few interesting copyright papers that seem worth highlighting:Christopher Buccafusco, A Theory of Copyright Authorship – Argues that "authorship involves the intentional creation of mental effects in an audience," which expands copyrightability to gardens, cuisine, and tactile works, but withdraws it from aspects of photographs, taxonomies, and computer programs.Abraham… [read post]
15 Dec 2015, 7:50 am by Duets Guest Blogger
Fair use can be established whenever a mark is used descriptively in good faith: In evaluating a defendant’s fair use defense, a court must consider whether the defendant has used the mark: (1) in its descriptive sense; and (2) in good faith. . . . [read post]
15 Dec 2015, 6:01 am by Barry Sookman
Given that Canada does not comply with the annex on the date of agreement in principle, it would appear that the annex cannot be used and that the U.S. [read post]