Search for: ""fair use""
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5 Mar 2015, 6:06 am
For Judge Crotty, the comments posted by Plaintiff were not infringing as they were fair use. [read post]
20 Oct 2015, 7:32 am
Seng capitulates that fair use analysis is impossible at this level. [read post]
29 Sep 2018, 10:36 am
Having been sued by Harper & Row, The Nation Magazine unsuccessfully relied on the fair use exception for news reporting. [read post]
20 Apr 2013, 6:05 am
It is pertinent to note that the United States contains only a “fair use” or fair dealing provision and not a separate “educational instruction” exception. [read post]
7 Jul 2016, 12:24 am
Despite the fact that Google's incorporation of more than 10,000 lines of Oracle's Java API declaring code into Android does not merely fall short of fair use criteria but is simply the exact opposite of fair use, a San Francisco jury, misguided by Judge William H. [read post]
6 Jun 2019, 9:02 am
[Note that the Ninth Circuit just uses Rogers even when the plaintiff’s mark is for expressive works too; I think this is probably the better approach, at the very least for the content of works as this use is—the picture appeared in the middle of the story.]Notably, nominative fair use was no help to defendants because of the Second Circuit’s bizarre loading of the NFU factors into the usual multifactor test in IISSCC. [read post]
6 Jul 2015, 3:31 pm
And as for the removal of infringing copies from search engines, the context in which copyright works are presented can raise a case of fair use (or fair dealing, Canada's equivalent). [read post]
5 Apr 2016, 4:12 am
The 220 page ruling applies the four-part fair-use test that the Eleventh Circuit Court of Appeal directed Judge Evans to use to each on each of the 48 cases - and in particular to look at (i) the purpose and character of the use — which will favour fair use when that purpose is non-profit and educational, and (iv) the potential impact of the use on the market for or value of the original. [read post]
25 Apr 2014, 5:36 am
Tarantino further argued that Gawker's fair use argument was premature as asserting an affirmative defense, but went on to argue that Gawker's use was not fair because: (1) the primary purpose of the infringing use was commercial, not news reporting; (2) the use was not transformative; (3) the screenplay was unpublished; (4) the screenplay was a creative work, (5) the entire screenplay was made available; and (6) the disclosure of the… [read post]
31 Aug 2016, 3:20 pm
Copyright Exceptions and Licensing: No Fair Use In the report that MEP Julia Reda drafted for the European Parliament last year, she suggested that Europe could do with new, standardized copyright exceptions covering topics such as freedom of panorama (the freedom to photograph public buildings and monuments), education and research, and e-book lending by libraries, as well as a general "fair use" style right for other purposes not caught by a more… [read post]
22 Oct 2014, 11:15 am
Colombia has a fair dealing system, a closed list of exceptions to copyright that must be passed legislatively, rather than the open-ended, flexible exceptions permitted by a fair use system (like in the US). [read post]
29 Apr 2015, 11:38 am
For our part, although a fair use right is long overdue, we do not accept this Internet censorship law as a fair price to pay for that right. [read post]
23 Feb 2023, 8:45 pm
The ACDP reminded Parliament that “in the United States of America, fair use has been developed over a period of a 150 years of jurisprudence, while South Africa does not have this case law history or experience”. [read post]
16 Jan 2017, 4:32 pm
Fair use is a part of each of this year’s principles. [read post]
11 Aug 2017, 9:10 am
GoldenDoctrines that overlap: fair use/functionality; fair use/improper appropriation; copyrightable subject matter originality; reproduction/derivative works rights (cautionary example).Forms of redundancy: bidirectionally partial, standard Venn diagram; unidirectionally partial—safe harbor laid over a more general standard (§512 and secondary liability); complete (arguably “aid & abet,” “arbitrary & capricious,” eBay… [read post]
25 Apr 2014, 5:36 am
Tarantino further argued that Gawker's fair use argument was premature as asserting an affirmative defense, but went on to argue that Gawker's use was not fair because: (1) the primary purpose of the infringing use was commercial, not news reporting; (2) the use was not transformative; (3) the screenplay was unpublished; (4) the screenplay was a creative work, (5) the entire screenplay was made available; and (6) the disclosure of the… [read post]
12 Feb 2015, 5:58 pm
Fair use, and other copyright exceptions and limitations frameworks like fair dealing, have been under constant attack by rightsholder groups who try to undermine and chip away at our rights as users to do things with copyrighted content. [read post]
19 Jun 2015, 3:44 am
.- The report rejected the idea of a “snippet tax” that targets aggregators like Google News, but equally does not recommend any expansion of concepts such as fair use.- The report does call for potentially expanding the liability of Internet service providers and online platforms when their users infringe copyrights. [read post]
31 Jan 2025, 5:24 pm
Newman: Barbie fair use cases are not really commentary on the expression of Barbie but commentary on the social meaning of Barbie that she had accrued over time. [read post]
26 Jun 2011, 2:12 pm
Is Baio’s pixelated art “fair use” under the copyright laws, or infringement? [read post]
