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23 Sep 2014, 5:07 pm by Daniel Nazer
Files: electronic_frontier_foundation_comments_regarding_strategy_for_american_innovation.pdfRelated Issues: Fair Use and Intellectual Property: Defending the BalanceDMCAPatentsPatent TrollsInnovationDRMOpen AccessShare this:   ||  Join EFF [read post]
21 Jul 2015, 6:43 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDefend Your Right to Repair! [read post]
20 Sep 2024, 8:24 am
Both cases not only dealt with trademark law, the copyright law doctrine of fair use and also de minimis usage of copyrighted material, but also the fascinating quandary of where one draws the line between a copyright and a trademark, e.g., when does a slogan or title become too long to trademark and proper to copyright and vice-versa, when does a copyrightable line of literary text become too short to copyright and proper to trademark? [read post]
11 Mar 2015, 11:55 am by Rebecca Tushnet
Variation in that potential provides an underappreciated theoretical justification for areas in which copyright law is restrictive, such as the exclusive derivative work right, as well as areas where it is permissive, such as the independent creation and fair use defenses. [read post]
18 Jan 2018, 9:58 am by Karen Gullo
” “Boing Boing’s reporting and commenting on the Playboy photos is protected by copyright’s fair use doctrine,” said EFF Senior Staff Attorney Daniel Nazer. [read post]
8 Nov 2012, 5:48 am
And Goldstein believes making the text available to sighted persons to crowdsource the manual work would also be fair use. [read post]
27 Dec 2013, 2:13 pm by Jillian C. York
As the year draws to a close, EFF is looking back at the major trends influencing digital rights in 2013 and discussing where we are in the fight for free expression, innovation, fair use, and privacy. [read post]
23 Feb 2015, 12:41 pm by Maira Sutton
If you're in the US, take action to stop TPP and other anti-user trade deals from getting fast tracked through Congress by contacting your lawmaker about trade promotion authority: Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade AgreementsTrans-Pacific Partnership AgreementShare this:   ||  Join EFF [read post]
23 Sep 2013, 3:02 am
If they operate as intended, the guidelines incorporated in the TDRA will, in tandem with emerging fair use concepts, protect the often competitively enhancing uses of famous brands in their purely informational sense. [read post]
5 Aug 2019, 11:30 pm
Where the model was sued by Xclusive for posting a picture of herself on her social media account that was taken by a photographer represented by the Xclusive agency.The case raised some interesting arguments around the relationship between celebrities and paparazzi and the use of the resulting images, particularly what amounts to fair use in these circumstances and whether the celebrity has a stake in the copyright of the image, or at least an implied licence. [read post]
2 Aug 2017, 9:07 am by Lisa Ouellette
Patent protection for authorial innovation "becomes thick when it should be thin"; e.g., it "overrides copyright's requirement to demonstrate copying as part of infringement, its idea/expression dichotomy … and its fair use doctrine. [read post]
31 Jan 2012, 10:52 am by ninapaley
" This is appalling for many reasons, not least of which being the video is almost certainly fair use. [read post]
20 Oct 2014, 6:00 am by The Dear Rich Staff
Though similar, the two nations differ in terms of legal precedent, fair use, and educational uses, among other things. [read post]
15 Sep 2013, 9:30 pm by Karen Tani
With respect to the copyright infringement claim, I query whether the fair use doctrine’s requirement that an appropriator "transform" borrowed images or text might have provided Weems with a defense. [read post]
24 Apr 2017, 10:30 pm
Tibbie McIntyre reports on The 1709 Blog on a number of items, including the declaration of fair use filed by the Andy Warhol estate against Lynn Goldsmith regarding Warhol’s Prince Series; the settlement reached by singer Ed Sheeran and songwriters Martin Harrington and Thomas Leonard in connection with the song ‘Photograph’; the case Mavrix Photographs v LiveJournal, No. 14-56596, which considered whether the safe harbor defense applies to moderators who review… [read post]
21 Aug 2017, 11:19 am
The defendants argued that the reproduction of the tattoos that appear on three players in the NBA 2K video game does not amount to copyright infringement but rather “constitutes de minimis use and fair use”. [read post]
16 Sep 2012, 11:58 am by Lisa Larrimore Ouellette
The Trespass Fallacy in Patent Law, by Adam Mossoff (see Tun-Jen Chiang's response, Mossoff's reply, and Chiang's sur-reply)Copyright, Free Speech, and the Public's Right to Know: How Journalists Think About Fair Use, by Patricia Aufderheide, Peter A. [read post]
15 Mar 2021, 12:16 pm by Katharine Trendacosta
Some of that work makes fair use of other copyrighted material. [read post]
20 Jun 2017, 12:11 pm
The Court found such inclusion was fair use and, as a consequence, the defendants were not liable for copyright infringement.Transformative use in an old-fashioned way! [read post]