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17 Aug 2015, 1:06 pm by Daniel Nazer
Ultimately, we need fundamental reform of statutory damages to bring fairness to the US copyright system. [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]
14 Aug 2015, 3:32 am by Ben
A new Australian fair use provision would mean the fair use of a copyright material would not constitute infringement, based on a series of as yet incomplete fairness factors -- including the purpose of the use, nature of the material, amount of the material used, and the use's effect on the material's value: in addition research for the purposes of study and education as well as news reporting, review, criticism,… [read post]
13 Aug 2015, 6:27 pm by Ron Coleman
A corrollary:  Is fair use grounds for a DMCA recipient to disregard a DMCA takedown notice? [read post]
12 Aug 2015, 1:36 pm by Jonathan Bailey
For example, Plagiarism Today is cited over 100 times in Google Scholar (something that blows my mind) and many of those researchers used the CC license to more easily integrate my writing into their work beyond just a fair use. [read post]
11 Aug 2015, 11:44 am by Media Law Prof
Gautam Bhatia, Yale University Law School, has published Fair Use, the Three-Step Test, and Access to Knowledge: A Doctrinal, Rights-Based Approach. [read post]
11 Aug 2015, 4:29 am
This could explain why Moschino has not faced more legal action, as parody is a judge-made category of the fair use defence. [read post]
10 Aug 2015, 3:13 pm by Mitch Stoltz
But they come with important safeguards: explicit limitations like fair use, and statutory licenses that avoid the massive transaction costs that would come with having to negotiate with each rightsholder individually. [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]
8 Aug 2015, 4:20 am by Ben
" saying what the USTR is really proposing is a limit on fair use by proposing a rule that would act as a ceiling for the kind of fair use-like protections for the public and making any provisons (in effect) voluntary by using the qualifications that signatories 'shall endeavour' to bring in a fair use scheme - almost all other provisions in the next must be incorporated into signatnories' domestic laws. [read post]
7 Aug 2015, 12:00 pm by Rebecca Tushnet
Fair use is an allocational tool. [read post]
7 Aug 2015, 8:36 am by Rebecca Tushnet
  Could use history to help. [read post]
7 Aug 2015, 7:53 am by Rebecca Tushnet
Fair use is tech neutral and flexible. [read post]
6 Aug 2015, 5:49 pm by Maira Sutton
Canada's fair dealing rules set the conditions for using and referencing other works as part of your own creative output. [read post]
6 Aug 2015, 2:07 pm by Florian Mueller
In a best-case scenario for Google, it would be able to confuse the jury as it did in 2012) with equitable-defenses arguments that are legally unrelated to fair use but easily mislead laypeople, while Oracle would not be allowed to argue that Google's infringement was (as it really was) reckless. [read post]
6 Aug 2015, 1:37 pm by Rebecca Tushnet
”  Equitable remuneration or Ginsburg’s concept of “permitted but paid” replacing fair use. [read post]
6 Aug 2015, 8:37 am by Dennis Crouch
Ripped in the UK: UK Copyright Law includes a limited fair-use exception – known as “fair dealing. [read post]
5 Aug 2015, 10:01 am by Jeremy Malcolm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade Agreements and Digital RightsTrans-Pacific Partnership AgreementShare this:   ||  Join EFF [read post]