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5 Jun 2019, 9:05 am by Jonathan Bailey
According to Bobb-Semple, the entirety of the song sprang from his sample, prompting him to sue for copyright infringement and claim that the use is not a fair use. [read post]
1 Feb 2009, 5:39 am
  The law of fair use is intentionally, and I think correctly, open-ended and flexible; it does not lend itself to streamlined or automated processes precisely so that it can remain useful as new innovations and technologies come along. [read post]
21 Jan 2013, 9:34 am by Jonathan Bailey
The AP had said that this was not transformative enough to qualify for fair use but the brief alleges that such a narrow interpretation of fair use would also eliminate time shifting. [read post]
12 Jan 2009, 4:41 pm
The appeals court also said that, although a replay of the art was a performance, the performance was a fair-use right of customers. [read post]
15 Jul 2009, 7:32 am
The RIAA isn’t alone in thinking that file sharing is not a fair use. [read post]
13 Aug 2012, 5:01 pm by Howard Knopf
FN2 The first is that the fair use analysis is quite factintensive and specific to each individual case. [read post]
13 Feb 2007, 2:09 pm
Code) protecting trademarks is also limited by a judicial doctrine of fair use of trademarks. [read post]
22 Apr 2011, 7:42 am by Andrew Raff
Can anyone make a non-frivolous argument that this specific behavior is protected by fair use? [read post]
13 Feb 2013, 9:48 am by Jonathan Bailey
At the heart of the case is whether or not a copyright holder must consider fair use before failing a takedown notice. [read post]
17 Mar 2008, 3:44 pm
Israel's new fair use section (section 19) follows Section 107 of the U.S. [read post]
15 Oct 2008, 8:47 pm
The use of material from news broadcasts is protected as fair use under the DMCA, McCain's letter claims, because the videos are noncommercial uses of the material, the material is factual and brief, and the videos don't affect the market for the allegedly infringed material. [read post]
26 Oct 2012, 12:33 pm by Jacob Michael Kaufman
In considering the fair use argument, the court acknowledged that certain uses of the “Born to Rock” designs may constitute non-trademark fair use (e.g. [read post]
11 Aug 2009, 3:35 am
Tenenbaum had made "fair use" of the music. [read post]
10 May 2014, 12:23 am by Florian Mueller
You won't find that combination in any of those other cases except when -- and this is just about fair use, not copyrightability -- all that was allowed was intermediate copying (making a few copies for internal development purposes, such as reverse engineering).There was Lotus v. [read post]
11 Jan 2018, 1:02 pm by Rebecca Tushnet
” But CEC didn’t object to McClary billing himself as “Thomas McClary, founder of The Commodores” and other fair uses. [read post]
3 Apr 2014, 11:03 am by Rebecca Tushnet
Conduct comes in various forms—antitrust can look at this as copyright hasn’t except a bit in fair use analysis. [read post]
5 Apr 2018, 6:54 am by Ben
Nonetheless, the court has not dismissed the possibility of using a fair use defence where the case involves copying of the computer code. [read post]
5 Jan 2017, 11:13 pm by Marie-Andree Weiss
A significant consequence of the rulingreleased this week is that the four factor fair use defence has been excluded for use by the Defendants. [read post]
11 Dec 2019, 3:05 pm by Ken Moon
Taking a cynical viewpoint, maybe there was a ‘commercial’ motive for promoting the concept that transient reproduction of streams by recipients should be considered an infringement which could only be exempted by detailed statutory exceptions (or by case law developments of a fair use doctrine). [read post]
10 Aug 2012, 4:06 pm by Rebecca Tushnet
Grimaldi, nominative fair use. [read post]