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14 Dec 2015, 10:57 am
” [This could be taken care of as nominative fair use, possibly even under the Third Circuit’s restrictive test which requires that the defendant need to use the plaintiff’s mark to explain the defendant’s own goods and services. [read post]
13 Dec 2015, 4:01 pm
* Houston, we have an IP problem: when the elite media gets it wrongAll of us in the IP community should be concerned, then, when the media gets it wrong. [read post]
11 Dec 2015, 9:06 am
These include the addition of a “contract override” clause, “user generated content” protection and “fair use” terms to protect derivative works by netizens.A two-year-old lawsuit over the ownership of the copyright of 'Happy Birthday' is coming to a close, as publisher Warner/Chappell settles with the plaintiffs who kicked off the dispute. [read post]
9 Dec 2015, 8:37 pm
Such a buffer zone establishes a zone of litigation-based (not legal-based, litigation-based) early warning triggers around the real rights, such that any purported infringer of the trademark – even a party making a protected fair use of the . . . [read post]
9 Dec 2015, 8:37 pm
I can’t say I agree with this analysis — copyright has been relevant to the whole world for a long time, and there are many ways to make fair use of copyrighted material that do not infringe. [read post]
8 Dec 2015, 2:57 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalWIPOShare this: || Join EFF [read post]
8 Dec 2015, 12:09 pm
Services that may want to use or build upon existing content for new purposes will have less protections in other countries because fair use is not enshrined in the TPP. [read post]
8 Dec 2015, 6:56 am
I say that it is bogus, because posting the clip is most certainly fair use under U.S. laws: the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. [read post]
7 Dec 2015, 3:15 pm
If YouTube is successful in defending the videos, it could end up as a growing and significant library of what constitutes fair use in the digital age. [read post]
7 Dec 2015, 12:56 pm
Beyond being a useful summary of existing practice, there’s also something new, says Darren.* Looking back over this GreeKat shoulder… Part II: How “lifestyle paternalism” might threaten brandsAfter addressing plain packaging in Part I of this series, Nicos takes a look at another kind of using brands to teach people how to live. [read post]
7 Dec 2015, 7:20 am
It’s a good read, a little over my head in a number of places, but it seems to come down to this: One person’s infringement is another person’s fair use. [read post]
7 Dec 2015, 5:50 am
Thomas Cottier, former Swiss negotiator, argues that, "the process failed to address the problem of maximal standards and to properly balance exclusive rights beyond fair use and compulsory rights," which opened doors for the subsequent expansion of rights. [read post]
4 Dec 2015, 4:44 pm
With regard to the claim of infringement of Pinterest’s mark PIN, the Court held that Pintrips’ use of the term “pin” falls under the fair use defense. [read post]
4 Dec 2015, 3:05 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalancePatentsInnovationVideo GamesShare this: || Join EFF [read post]
3 Dec 2015, 5:30 pm
– Washington, DC lawyer Charrise Alexander of Dickstein Shapiro on the firm’s blog, Policyholder Informer In-House Focus: How to Win Cases by Being Nice – Austin lawyer Laura Haley of Smith Law Group on the firm’s blog, Texas Appellate Law Art Basel: Tax Ramifications for American and International Art Collectors – Summer Ayers LePree and Mildred Gomez of Bilzin Sumberg on the firm’s New Miami Blog YouTube Commits to Protecting… [read post]
3 Dec 2015, 6:00 am
The post YouTube Commits to Protecting Fair Use, a Few Cases at a Time appeared first on DuetsBlog. [read post]
3 Dec 2015, 6:00 am
If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. [read post]
2 Dec 2015, 7:57 pm
However, YouTubers who use their videos to parody, criticize, or report on copyrighted music may not need the owner’s permission because such use constitutes “fair use. [read post]
2 Dec 2015, 6:41 pm
If the city owns the copyright in the photos your use would be an infringement unless you can justify your presentation as a fair use as happened in this city, and this one, too.The city seal. [read post]
2 Dec 2015, 2:34 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalancePatentsPatent TrollsInnovationShare this: || Join EFF [read post]
