Search for: ""fair use""
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6 May 2019, 5:19 am
Just like with copyrights, it is possible to make “fair use” of a trademark. [read post]
6 Nov 2013, 8:29 pm
Later courts held that a district court may order Defendants to modify their use of a trademark to satisfy the New Kids requirements for nominative fair use rather than joining nominative uses altogether. [read post]
8 Feb 2010, 8:34 pm
The Court should do no such thing.Plaintiffs' Opposition to Tenenbaum's Motion for New Trial or Remittitur The labels spend considerable effort fighting on fair use, an issue that the court has already decided in their favor, but whose ruling contains dicta that could be very dangerous down the road: the court's musing that it might be fair use for a defendant to download and share files during the "interregnum" between… [read post]
17 Oct 2011, 9:10 am
Righthaven came out swinging, suing bloggers left and right, in many cases for what was clearly fair-use quotations of articles. [read post]
15 Apr 2016, 9:08 am
However, Section 107 of the Copyright Act offers a “fair use” defense for defendants in copyright cases. [read post]
17 Apr 2008, 6:41 pm
Rowling’s lawyers say that, for fair-use purposes, the lexicon takes too much, and does too little. [read post]
25 May 2012, 9:19 am
The concept of "fair use" allows others to use copyrighted materials without being liable for infringement. [read post]
6 Nov 2013, 8:29 pm
Later courts held that a district court may order Defendants to modify their use of a trademark to satisfy the New Kids requirements for nominative fair use rather than joining nominative uses altogether. [read post]
19 Jun 2009, 12:35 am
Having already ruled that there exist substantial similarities between the sequel and the original book, District Judge Batts is using those ten days to determine whether the sequel qualifies as "fair use" of Salinger's original work.The lawyers for the sequel's author, Fredrick Colting (writing under the pseudonym JD California), argued today that 60 Years Later was a work of meaningful criticism of Catcher in the Rye and therefore benefited from the… [read post]
10 Jun 2014, 3:17 pm
Let me know via Twitter @plagiarismtoday. 1: Libraries’ Online Books Database Protected Under ‘Fair Use’, Court Rules First off today, Reuters is reporting that the Second Circuit Court of Appeals has ruled in favor of HathiTrust, a digital library that has scanned more than 10 million books to make them searchable, saying that the scanning and indexing of the books is a fair use. [read post]
20 Sep 2012, 6:00 am
You have a reasonable fair use argument in that the ads are not being used for their intended purpose (to sell stuff) and your movies are commenting upon or parodying the ads. [read post]
24 Jun 2019, 1:43 pm
The court contrasted the challenged ads with other (unchallenged) Strauss ads that would qualify as nominative fair use. [read post]
30 Dec 2007, 9:45 pm
Copyright protection is thus compatible with the First Amendment because of the existence of fair use. [read post]
17 Mar 2010, 8:50 pm
The report compiles a multitude of examples of the DMCA stifling innovation and competition and preventing fair use rather than working (as it was intended) to prevent piracy. [read post]
24 Jul 2007, 10:21 am
Blum, 317 F.3d 385 (4th Cir. 2003), a fair use-in-ligitation case almost directly on point, and maybe that's a strength -- without getting too bogged down in fair use arcana, the court reasons its way afresh to the obvious conclusion.My question is whether the court should have dignified the argument with as much analysis as it did -- it should not take forty pages to deal with these arguments. [read post]
10 Jun 2014, 3:55 pm
Monster Energy, on the other hand, didn’t try to assert a fair use defense—it admitted infringement at trial. [read post]
26 Jan 2011, 3:20 pm
” without being considered infringement. 10 The section continues on to provide the following set of factors to consider when determining whether a particular exploitation of a work constitutes a fair use:(1) the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to… [read post]
1 Oct 2019, 7:22 am
Google has lost again on the fair use question and, once again, is asking the Supreme Court to hear the case. [read post]
17 Nov 2009, 12:18 am
In the latter section, he highlights the judiciary’s evolving understanding of fair use. [read post]
21 Apr 2009, 7:59 am
The lower court sided with the makers of Turnitin on both the contract and the fair use arguments, however, the Appeals court only addressed the fair use one, finding that Turnitin’s use of the content was transformative, even though it used the whole of the content. [read post]
