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1 Jun 2017, 8:33 am
”However, the fair use analysis went a lot better for defendants. [read post]
29 Aug 2017, 1:10 am
Due to the much broader, US fair use comparable doctrine introduced in the CCH case, some could even argue that fair dealing has gone too far and become too strong of a shield. [read post]
19 Jun 2015, 5:29 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalShare this: || Join EFF [read post]
5 Apr 2016, 4:12 am
The 220 page ruling applies the four-part fair-use test that the Eleventh Circuit Court of Appeal directed Judge Evans to use to each on each of the 48 cases - and in particular to look at (i) the purpose and character of the use — which will favour fair use when that purpose is non-profit and educational, and (iv) the potential impact of the use on the market for or value of the original. [read post]
29 Sep 2018, 10:36 am
Having been sued by Harper & Row, The Nation Magazine unsuccessfully relied on the fair use exception for news reporting. [read post]
6 Jun 2019, 9:02 am
[Note that the Ninth Circuit just uses Rogers even when the plaintiff’s mark is for expressive works too; I think this is probably the better approach, at the very least for the content of works as this use is—the picture appeared in the middle of the story.]Notably, nominative fair use was no help to defendants because of the Second Circuit’s bizarre loading of the NFU factors into the usual multifactor test in IISSCC. [read post]
18 Dec 2017, 1:42 pm
This decision reverses an earlier ruling.After receiving a new court filing, US District Judge Janis Sammartino found that ComicMix, the company behind the new work, could not so easily have the case dismissed: “Thus, after again weighing the fair use factors, the Court finds Defendants’ fair use defense fails as a matter of law,” Judge Sammartino wrotein a December 7 order.Steam Purged of Pepe Emoticons After Creator Files… [read post]
20 Oct 2015, 7:32 am
Seng capitulates that fair use analysis is impossible at this level. [read post]
14 Dec 2014, 7:16 am
However, the Court left the possibility that Google might have a fair use defence. [read post]
7 Jul 2016, 12:24 am
Despite the fact that Google's incorporation of more than 10,000 lines of Oracle's Java API declaring code into Android does not merely fall short of fair use criteria but is simply the exact opposite of fair use, a San Francisco jury, misguided by Judge William H. [read post]
12 Oct 2015, 10:36 am
Indeed, when a fair use defense is that strong, courts view the copyright infringement claim as “objectively unreasonable. [read post]
25 Apr 2014, 5:36 am
Tarantino further argued that Gawker's fair use argument was premature as asserting an affirmative defense, but went on to argue that Gawker's use was not fair because: (1) the primary purpose of the infringing use was commercial, not news reporting; (2) the use was not transformative; (3) the screenplay was unpublished; (4) the screenplay was a creative work, (5) the entire screenplay was made available; and (6) the disclosure of the… [read post]
6 Jul 2015, 3:31 pm
And as for the removal of infringing copies from search engines, the context in which copyright works are presented can raise a case of fair use (or fair dealing, Canada's equivalent). [read post]
2 May 2019, 4:35 am
While it is possible that fair use protection would allow archives to digitise without worrying too much about copyright infringement liability, it is important to note that a use would be fair if the court interprets the use as fair. [read post]
9 Jun 2015, 12:12 pm
The Fair Use defence would also still be available to the user. [read post]
31 May 2021, 11:57 pm
The reference can appear unusual and also questionable, but it is not the first time that an Italian court refers expressly to the doctrine of US fair use in deciding a dispute under Italian law (see also Court of Milan, July 13, 2011, Foundation Alberto et Annette Giacometti v Fondazione Prada in a case of “transformative use”). [read post]
28 Aug 2020, 2:52 am
Thus, Article 22 of the Copyright Law of China stipulates 12 specific exceptions of fair use. [read post]
25 Apr 2014, 5:36 am
Tarantino further argued that Gawker's fair use argument was premature as asserting an affirmative defense, but went on to argue that Gawker's use was not fair because: (1) the primary purpose of the infringing use was commercial, not news reporting; (2) the use was not transformative; (3) the screenplay was unpublished; (4) the screenplay was a creative work, (5) the entire screenplay was made available; and (6) the disclosure of the… [read post]
31 Aug 2016, 3:20 pm
Copyright Exceptions and Licensing: No Fair Use In the report that MEP Julia Reda drafted for the European Parliament last year, she suggested that Europe could do with new, standardized copyright exceptions covering topics such as freedom of panorama (the freedom to photograph public buildings and monuments), education and research, and e-book lending by libraries, as well as a general "fair use" style right for other purposes not caught by a more… [read post]
16 Jan 2017, 4:32 pm
Fair use is a part of each of this year’s principles. [read post]
