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5 Jul 2013, 8:02 am
THERE IS NO "DE MINIMIS" DEFENSE TO COPYRIGHT INFRINGEMENT................. 63 It says there is no de minimis defense in the Ninth Circuit, only fair use. [read post]
22 Dec 2021, 6:52 pm by Rich
In other words, if Newsweek or the Times request removal, Google will issue a take-down notice, and if the poster fights the notice -- for example, the poster claims a fair use defense -- the copyright owner can sue the poster in federal court and sort out the matter, there.What about you? [read post]
26 Dec 2013, 6:00 am by The Dear Rich Staff
Publishing poems without express or implied permission is infringement unless you can claim fair use (which seems unlikely in your situation). [read post]
15 Jun 2018, 4:46 pm by Eugene Volokh
Because Peristyle used the Old Taylor name descriptively and in good faith, it finds shelter under the Lanham Act's fair use defense. [read post]
16 Oct 2023, 12:56 pm
The Supreme Court has balanced copyright and First Amendment interests by looking both to copyright law’s internal doctrinal limits (e.g., fair use) and to the “historical record. [read post]
4 Oct 2018, 10:43 am by Rebecca Tushnet
 This claim was barred by nominative fair use. [read post]
22 May 2014, 6:00 am by The Dear Rich Staff
 Copyright law requires permission unless: (1) the work is in the public domain; or (2) you are using so little of the poem -- for example, one or two lines -- that it qualifies as a fair use. [read post]
11 May 2016, 7:23 am by David Post
… It is deemed a fair use and no violation of an individual’s rights if the use of a name, voice, signature, photograph, or likeness is in connection with a news, public affairs, or sports broadcast or account. [read post]
6 Nov 2017, 6:13 pm by Mike Mireles
“Innovation is core to our business, and we feel it’s important to take a stance against anything that could interfere with the fair use of intellectual property. [read post]
19 Dec 2014, 2:03 pm by Joe Patrice
[Columbus Dispatch] * Brad and Da Boyz with a nice little ditty about copyright infringement and fair use. [read post]
3 Oct 2014, 6:00 am by The Dear Rich Staff
Dear Rich: Is it a fair use to stream music and playlists from services like Pandora or Grooveshark as background music in the public K-12 classroom, when not part of a direct-teach unit as would be protected by section 110? [read post]
31 May 2018, 1:05 am by Howard Knopf
 Canada’s fair dealing statutory regime and case law stop far short in many respects than 17 U.S. [read post]
8 Aug 2015, 12:25 pm by Lawrence B. Ebert
Volume=84&Issue=6&ArticleID=2098The Irreverent Lawyer noted: Iowa Bankruptcy Court Judge Paul Kilberg found one lawyer’s briefs to be of such “unusually high quality” that his suspicions were aroused enough to ask the lawyer, Peter Sean Cannon, to certify the work was his.To his credit, Cannon fessed up, admitting he had “exceeded permissible fair use without attestation” when he borrowed from a 2005 article by lawyers Wiliam H. [read post]
1 Dec 2016, 3:55 pm by Howard Knopf
To put it another way, Blacklock’s is not entitled to special treatment because its financial interests may be adversely affected by the fair use of its material. [read post]
24 Feb 2023, 4:35 pm by The Dear Rich Staff
 In other words, it doesn't matter whether it's transformative because that is a copyright standard relating to fair use. [read post]
24 Sep 2014, 2:09 pm
Schaffer may also have an argument based on fair use, and the first amendment. [read post]
9 May 2024, 9:30 pm by Karen Tani
The Supreme Court has balanced copyright and First Amendment interests by looking both to copyright law’s internal doctrinal limits (e.g., fair use) and to the “historical record. [read post]
14 Aug 2015, 10:00 am
Other limitations, such as the fair use doctrine and the first sale doctrine, may also apply to criminal cases. [read post]
2 Aug 2013, 6:00 am by The Dear Rich Staff
It's possible (but unlikely) that your derivative work will be protected under fair use (And authors in similar situations have worked out settlements.). [read post]
18 May 2017, 8:30 am by JCavicchi
Defendants deny this allegation and assert the affirmative defenses of fair use as a parody, estoppel and laches. [read post]