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22 May 2020, 8:14 am by Mitch Stoltz
Statutory damages discourage people from relying on fair use, and chills lawful, valuable speech and activities. [read post]
22 Jul 2015, 8:44 pm by Florian Mueller
The alternative would be for Oracle to bring a follow-up complaint later, but that one would not only be less efficient: it would also disadvantage Oracle because it would not be allowed to counter Google's "fair use" claims with new facts that show Android's conceded and unauthorized use of Oracle's valid Java API-related copyrights has massive economic scale and major strategic implications for the entire high-tech sector:"The Amended… [read post]
10 Jun 2014, 6:34 am by Rebecca Tushnet
  New tech poses challenges, as fair use and digital first sale hearings showed. [read post]
29 Aug 2019, 1:33 am
Secondly, most of the uses of ‘Huamei’ or ‘Shanghai Huamei’ for publicity purposes fell within the scope of fair use of Shanghai Huamei’s own trade name. [read post]
1 Jun 2017, 8:33 am by Rebecca Tushnet
”However, the fair use analysis went a lot better for defendants. [read post]
8 Jul 2015, 11:03 am
For example, many technologies and services born in the U.S. would not exist if not for the principles of fair use. [read post]
4 Jun 2021, 2:37 am by Anastasiia Kyrylenko
While fair use is one of the cornerstones of the US copyright regime, the export of the fair use exception through trade agreements was opposed by US right holders. [read post]
31 May 2021, 11:57 pm by Eleonora Rosati
The reference can appear unusual and also questionable, but it is not the first time that an Italian court refers expressly to the doctrine of US fair use in deciding a dispute under Italian law (see also Court of Milan, July 13, 2011, Foundation Alberto et Annette Giacometti v Fondazione Prada in a case of “transformative use”). [read post]
6 Dec 2016, 4:18 pm by Mitch Stoltz
As we explained in an earlier brief, fair use is required by the U.S. [read post]
29 Mar 2013, 3:38 pm by Rebecca Tushnet
  And 1201 means that even if you’re making fair use, your acts can be lawful if you needed to circumvent to make that fair use. [read post]
10 May 2014, 3:47 am by Ben
Because the jury deadlocked on fair use, we remand for further consideration of Google’s fair use defense in light of this decision. [read post]
29 Jan 2019, 10:54 pm by Eleonora Rosati
But should a broader US fair use defence be adopted in place of fair dealing? [read post]
11 Feb 2016, 1:30 pm by Marie-Andree Weiss
Possible Defenses: Fair Use and De Minimis Fair use is a defense to a copyright infringement claim, and the SDNY would look at the four fair use factors, (1) purpose and character of the use, (2) nature of the copyrighted work, (3) amount and substantiality of the portion used in relation to the copyrighted work as a whole and (4) effect of the use upon the potential market for or value of the copyrighted work to find… [read post]
31 Jul 2017, 7:09 am by Rebecca Tushnet
  Other bobbles aside, the court concludes that enough has been pled to go forward on the question of transformativeness and of fair use. [read post]
18 Dec 2017, 1:42 pm by Ben
This decision reverses an earlier ruling.After receiving a new court filing, US District Judge Janis Sammartino found that ComicMix, the company behind the new work, could not so easily have the case dismissed: “Thus, after again weighing the fair use factors, the Court finds Defendants’ fair use defense fails as a matter of law,” Judge Sammartino wrotein a December 7 order.Steam Purged of Pepe Emoticons After Creator Files… [read post]
31 Oct 2013, 2:32 am
    Examine the US style ‘fair use’ doctrine to see if it would be appropriate in an Irish/EU context. [read post]
2 May 2019, 4:35 am
While it is possible that fair use protection would allow archives to digitise without worrying too much about copyright infringement liability, it is important to note that a use would be fair if the court interprets the use as fair. [read post]
9 Jun 2015, 12:12 pm by Andy
The Fair Use defence would also still be available to the user. [read post]
14 May 2019, 9:27 am by Rebecca Tushnet
  And we’ve prepared a Fair Use index: summaries of over 200 fair use cases, searchable by court and type of work. [read post]
28 Aug 2020, 2:52 am by Tian Lu
Thus, Article 22 of the Copyright Law of China stipulates 12 specific exceptions of fair use. [read post]