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20 May 2015, 4:32 am by Dennis Crouch
 However, the failure to include a (c) notice could potentially be relevant to fair-use analysis. [read post]
19 May 2015, 4:32 pm
Read about all of our concerns with the TPP agreement: Anti-Circumvention of Digital Rights Management (DRM) Criminalization of Investigative Journalism, Security Research, and Whistleblowing ISP Liability: Internet Intermediaries as Copyright Cops Criminal Copyright Enforcement Expansion of Copyright Terms "Investor-State" Provisions Could Undermine User Protections in Copyright Restrictions on Fair Use Share this:   ||  Join EFF [read post]
19 May 2015, 2:31 pm by Media Law Prof
Patricia Aufderheide, American University School of Communication and Aram Sinnreich, American University, have published Documentarians, Fair Use and Free Expression: Changes in Copyright Attitudes and Actions with Access to Best Practices. [read post]
19 May 2015, 8:45 am
Thus if in the context of a sale, distribution, or advertisement, a mark is used as a source identifier, we can confidently state that the use is “in connection with” the activity. [read post]
19 May 2015, 5:14 am by Terry Hart
I think fair use is indeed quite important. [read post]
18 May 2015, 12:23 pm
Copyright Office's Fair Use Index, which is designed to provide the public with searchable summaries of major fair use decisions. [read post]
18 May 2015, 11:59 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceRelated Cases: Garcia v. [read post]
18 May 2015, 9:21 am
In past years, EFF successfully petitioned for the right to jailbreak your phone and use DVD video for fair use remixes. [read post]
15 May 2015, 10:18 am by Scott Hervey
Often, the respondent will contend that it is making a legitimate noncommercial fair use of the disputed domain name through the operation of a gripe/complaint web site. [read post]
14 May 2015, 4:39 pm
Read about all of our concerns with the TPP: Anti-Circumvention of Digital Rights Management (DRM) Criminalization of Investigative Journalism, Security Research, and Whistleblowing ISP Liability: Internet Intermediaries as Copyright Cops Criminal Copyright Enforcement Expansion of Copyright Terms "Investor-State" Provisions Could Undermine User Protections in Copyright Restrictions on Fair Use Share this:   ||  Join EFF [read post]
14 May 2015, 1:40 pm
In past years, EFF successfully petitioned for the right to jailbreak your phone and use DVD video for fair use remixes. [read post]
14 May 2015, 7:29 am by Tim Sitzmann
The Board reasoned that because the Lanham Act’s fair use defense is limited to use “other than as a designation of source,” it would be “virtually impossible to conceive of a situation where a parody defense to a dilution claim can succeed in a case before the Board” (But you’re saying there’s a chance?). [read post]
13 May 2015, 6:16 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceContent BlockingShare this:   ||  Join EFF [read post]
13 May 2015, 12:51 pm by Ron Coleman
  Rather, he focused on another often-overlooked point:  The difference between a keyword that generates a competitor’s otherwise inoffensive ad, and one that results in an ad that is it itself potentially confusing because it uses the keyword itself in a way not justifiable as a fair use. [read post]
13 May 2015, 12:50 pm by Ron Coleman
The Board declined to consider applicant’s parody defense in its Section 43(c) analysis, because applicant asserted an intention to use the opposed marks as source indicators, which by definition is not a noncommercial use or a “fair use” exempted from a dilution claim. [read post]
12 May 2015, 7:54 am
Copyright Office's Fair Use Index, which is designed to provide the public with searchable summaries of major fair use decisions. [read post]
11 May 2015, 11:46 am
There is no evidence that Defendant’s use of the Photo had an impact upon any actual or potential market and, thus, I find that the fourth factor weighs in favor of fair use. [read post]
11 May 2015, 5:58 am by Rebecca Tushnet
: Really thought-provoking book that proceeds from the thesis that copyright ought to be a true author’s right: a right to participate in a conversation, which entails a like right of others, thus creating its own inherent limits (specifically the idea/expression distinction and transformative fair use). [read post]