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5 Dec 2014, 3:08 am
, is a documentary film maker, and she has to navigate the wacky world of intellectual property law, learn the fine line between what might be fair use and what might be copyright infringement, and other conundrums with the tag lines "Trapped in a struggle she didn't understand" and "By night she fought for fair use"! [read post]
4 Dec 2014, 3:15 pm
Google claimed fair use as a defense, 17 U.S.C. [read post]
4 Dec 2014, 1:17 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceCopyright TrollsDMCAShare this: || Join EFF [read post]
3 Dec 2014, 9:49 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCAInternationalShare this: || Join EFF [read post]
2 Dec 2014, 6:00 am
In any case, we must repeat our fair use mantra: no matter what we say, only a court can determine what constitutes fair use. [read post]
1 Dec 2014, 9:33 am
Various proposals for some type of Government regulation over fair use and educational reproductions have been discussed since the hearings, but the committee believes that workable voluntary arrangements are distinctly preferable. [read post]
26 Nov 2014, 3:18 pm
It had not, and would not have, an adverse effect upon the essential function of the registered trade mark.Media 10's cross appeal* Media 10 totally failed to establish that normal and fair use of IPC's IDEAL HOME mark for online retail services could ever be prevented by an action for passing off -- and the judge had been right to say so.* the expansion of IPC's business into the provision of online retail services was an entirely natural step for it to take, and… [read post]
26 Nov 2014, 9:58 am
.: The Supreme Court held, unsurprisingly and unanimously, that the affirmative defense of trademark fair use does not place a burden on the defendant to prove that his use was not only descriptive, but also unlikely to cause consumer confusion. [read post]
24 Nov 2014, 6:32 pm
"Speaking of appropriation and fair use, Steven Schindler and Katherine Wilson-Milne had a piece in the New York Law Journal last week on the Kienitz decision. [read post]
24 Nov 2014, 6:14 pm
Couldn't they argue that their use had a completely different purpose (selling widgets) than the artist's ... and thus was transformative ... and thus fair use? [read post]
24 Nov 2014, 6:21 am
Another key debate in copyright claims comes down to what constitutes fair use. [read post]
23 Nov 2014, 12:13 pm
Judge McMahon also rejected a number of other Sirius XM arguments – alleging unfair competition, fair use, even a constitutional claim based on the “dormant commerce clause” effect – but her “public performance” rights analysis is likely to have the greatest impact. [read post]
21 Nov 2014, 2:36 pm
The Court found that the lower court erred in applying a mathematical approach to determining whether fair use is applicable – if three factors favor fair use, fair use is to be found. [read post]
21 Nov 2014, 11:40 am
If "anything can signify anything," is this equation of a pot with a Lamborghini nominative fair use? [read post]
21 Nov 2014, 5:02 am
” Fair Use and Market Harm: Use It or Lose It? [read post]
20 Nov 2014, 12:44 pm
This embed will serve content from youtube-nocookie.com Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
20 Nov 2014, 8:36 am
Likewise, when one is applying the copyright fair use factors, “[i]n determining whether the use made of a work in any particular case is a fair use,” how does one know how any of the factors bears on the fairness, unless one has an understanding of what “fair” actually means here? [read post]
18 Nov 2014, 7:15 am
For some Canadians, it might be new rules to promote greater competition among Internet providers or increased copyright flexibilities matching the U.S. fair use provision. [read post]
17 Nov 2014, 10:41 am
[Finally, the court also rejects the “incidental use” argument, which seems vaguely similar to a fair use argument.] __ LinkedIn is doing its best to whittle down this lawsuit, and perhaps it may still succeed, but the court’s order seems to indicate that there’s a cognizable claim buried in there. [read post]
17 Nov 2014, 4:04 am
I don’t, actually, regularly read these sites and blogs, but they may be useful to the reader. [read post]
