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4 Feb 2015, 6:00 am by The Dear Rich Staff
Legal arguments have been offered that unauthorized progressive downloads may not constitute infringement (or that they qualify as a fair use because of their temporal nature). [read post]
1 Feb 2016, 5:01 pm by Elliot Harmon
EFF has long held that extreme criminal copyright rules chill people’s rights, especially in countries where copyright law doesn’t protect users’ freedom of speech through robust fair use exceptions. [read post]
12 Mar 2014, 1:11 pm by Eleonora Rosati
., EU and other Countries;• Fair Use & Freedom of Speech;• Orphan Works and Extended Collective Licensing;• U.S. [read post]
7 Mar 2016, 5:05 am by Rebecca Tushnet
  More generally: copyright owners’ business models do not take care of fair use, and it’s past time to stop pretending that they can. [read post]
19 Oct 2018, 10:11 am
Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production.Download the article from SSRN at the link. [read post]
28 Apr 2019, 2:30 pm by David Lat
" [Volokh Conspiracy / Reason] * Fair use in the copyright context is an infamously amorphous concept -- so the Fourth Circuit's recent ruling in Brammer v. [read post]
9 Sep 2019, 1:54 pm by Rebecca Jeschke
Pam’s scholarship complements the ongoing work at EFF, demonstrating why fair use and other exceptions and limitations are important to achieving copyright's constitutional goals, why the CASE Act bill to create a small claims board for adjudicating copyright cases is flawed, why the anti-circumvention rules outlawing reverse engineering of technical protection measures should be revised, and why courts should not extend copyright protections to application program… [read post]
23 May 2014, 3:05 pm by corynne mcsherry
    Files: copyright.wifi_.primer.pdfRelated Issues: Fair Use and Intellectual Property: Defending the BalanceDMCAOpen WirelessShare this:   ||  Join EFF [read post]
11 Jun 2020, 10:10 am by Kit Walsh
As we explained in our letter back to Steris, iFixit is protected by the safe harbor of the Digital Millennium Copyright Act when it hosts user-provided content, and the Medical Device Repair Database is making fair use of the repair materials hosted there. [read post]
5 Jul 2017, 11:03 am by Rebecca Tushnet
  Initially, the ICE spokesperson who responded to my inquiry said that ICE based its seizure decisions on consultation with agency and Department of Justice attorneys, including consideration of “potential fair use provisions and federal circuit-specific case law. [read post]
31 May 2013, 5:30 am by J. Michael Goodson Law Library
The Basics outlines the key concepts of copyrightability and the registration process, while subsequent sections explore more complex legal issues like fair use, what constitutes infringement and even litigation procedure.Copyright Codex is a great starting place for copyright law research. [read post]
2 Dec 2015, 6:41 pm by The Dear Rich Staff
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]
10 Nov 2020, 7:41 pm by Rich
Once Congress dumped this draconian penalty, the question of whether a work was published became less of a  life-and-death affair (though it is still important in disputes over fair use, duration, infringement, registration, and other matters). [read post]
14 Apr 2014, 6:00 am by The Dear Rich Staff
They may consider it a tradeoff for your cooperation, or they may believe you have a reasonable fair use claim, or they may simply feel that the hassle of pursuing you is greater than the potential rewards of a lawsuit. [read post]
16 Oct 2023, 12:56 pm by Christine Corcos
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]
17 Sep 2013, 4:00 am by Ray Dowd
  Additionally, the Seventh Circuit suggested that consideration of the fair use doctrine might be appropriate.Read Chief Judge Easterbrook's decision here. [read post]
10 May 2014, 6:33 pm by Mark Summerfield
  The case is now going to return to the United States District Court for the Northern District of California for a further trial, to decide whether Google’s use of Oracle’s programming code is covered by a ‘fair use’ defence. [read post]
29 Oct 2014, 6:04 am by The Dear Rich Staff
Donaldson distinguishes these uses, explains the conflicting caselaw, and points out that even though the safe approach is to seek permission, "many scholars are of the the opinion that fair use might still apply. [read post]
13 Sep 2017, 10:00 pm
The injunction upholds a preliminary injunction that was granted in December and appealed by VidAngel which based their defense on the obscure federal Family Movie Act (FMA) and fair use. [read post]