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10 May 2014, 3:47 am by Ben
Because the jury deadlocked on fair use, we remand for further consideration of Google’s fair use defense in light of this decision. [read post]
29 Aug 2019, 1:33 am
Secondly, most of the uses of ‘Huamei’ or ‘Shanghai Huamei’ for publicity purposes fell within the scope of fair use of Shanghai Huamei’s own trade name. [read post]
11 Apr 2019, 1:25 am by Jani Ihalainen
As a short primer, fair use allows for the use of copyright-protected works under certain situations. [read post]
11 Aug 2017, 9:10 am by Rebecca Tushnet
GoldenDoctrines that overlap: fair use/functionality; fair use/improper appropriation; copyrightable subject matter originality; reproduction/derivative works rights (cautionary example).Forms of redundancy: bidirectionally partial, standard Venn diagram; unidirectionally partial—safe harbor laid over a more general standard (§512 and secondary liability); complete (arguably “aid & abet,” “arbitrary & capricious,” eBay… [read post]
29 Mar 2013, 3:38 pm by Rebecca Tushnet
  And 1201 means that even if you’re making fair use, your acts can be lawful if you needed to circumvent to make that fair use. [read post]
19 Jun 2015, 3:44 am by Ben
.- The report rejected the idea of a “snippet tax” that targets aggregators like Google News, but equally does not recommend any expansion of concepts such as fair use.- The report does call for potentially expanding the liability of Internet service providers and online platforms when their users infringe copyrights. [read post]
11 Apr 2019, 1:25 am by Jani Ihalainen
As a short primer, fair use allows for the use of copyright-protected works under certain situations. [read post]
20 Apr 2013, 6:05 am by Shamnad Basheer
 It is pertinent to note that the United States contains only a “fair use” or fair dealing provision and not a separate “educational instruction” exception. [read post]
5 Mar 2015, 6:06 am by Marie-Andree Weiss
For Judge Crotty, the comments posted by Plaintiff were not infringing as they were fair use. [read post]
29 Apr 2015, 11:38 am by Jeremy Malcolm
For our part, although a fair use right is long overdue, we do not accept this Internet censorship law as a fair price to pay for that right. [read post]
11 Feb 2016, 1:30 pm by Marie-Andree Weiss
Possible Defenses: Fair Use and De Minimis Fair use is a defense to a copyright infringement claim, and the SDNY would look at the four fair use factors, (1) purpose and character of the use, (2) nature of the copyrighted work, (3) amount and substantiality of the portion used in relation to the copyrighted work as a whole and (4) effect of the use upon the potential market for or value of the copyrighted work to find… [read post]
6 May 2014, 12:38 pm by Maira Sutton
The US proposes the same sort of language in TPP: weak, narrow, fair use carve outs to rightsholders' otherwise unlimited right to control the use and access to their works. [read post]
6 Dec 2016, 4:18 pm by Mitch Stoltz
As we explained in an earlier brief, fair use is required by the U.S. [read post]
4 Jun 2021, 2:37 am by Anastasiia Kyrylenko
While fair use is one of the cornerstones of the US copyright regime, the export of the fair use exception through trade agreements was opposed by US right holders. [read post]
22 Jul 2015, 8:44 pm by Florian Mueller
The alternative would be for Oracle to bring a follow-up complaint later, but that one would not only be less efficient: it would also disadvantage Oracle because it would not be allowed to counter Google's "fair use" claims with new facts that show Android's conceded and unauthorized use of Oracle's valid Java API-related copyrights has massive economic scale and major strategic implications for the entire high-tech sector:"The Amended… [read post]
29 Jan 2019, 10:54 pm by Eleonora Rosati
But should a broader US fair use defence be adopted in place of fair dealing? [read post]
31 Jul 2017, 7:09 am by Rebecca Tushnet
  Other bobbles aside, the court concludes that enough has been pled to go forward on the question of transformativeness and of fair use. [read post]
8 Jul 2015, 11:03 am
For example, many technologies and services born in the U.S. would not exist if not for the principles of fair use. [read post]
10 Jun 2014, 6:34 am by Rebecca Tushnet
  New tech poses challenges, as fair use and digital first sale hearings showed. [read post]