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22 Jun 2011, 9:39 am
In addition to dismissing on standing (see here for similar ruling in another Righthaven case), Court holds that while normally, ‘wholesale copying militates against fair use,’ in this case the three other factors (nature of work, purpose of copying and effect on market) favored a finding of fair use. [read post]
23 May 2023, 9:42 am
The good news for fair use: The Court, in a 7-2 majority, expressly reaffirmed landmark fair use cases like Campbell v. [read post]
13 Jul 2010, 10:32 pm
Instead, it is the plaintiff’s burden to prove the defendant’s use is not nominative fair use. [read post]
1 Jan 2019, 1:11 pm
Fair use makes sure that the rights of the public expand at the same time. [read post]
23 Mar 2020, 1:02 pm
Trademark singularity may play a role in the fair use analysis too. [read post]
19 Oct 2010, 5:08 am
Fair use as a matter of law must favor fair users. [read post]
27 May 2016, 5:00 am
The fair use there was not about fair use of the APIs. [read post]
1 Jun 2023, 4:00 am
The commercial nature of the copying further weighed against fair use. [read post]
22 Feb 2018, 1:50 pm
Lionel Bently and Tanya Aplin, Whatever Became of Global, Mandatory, Fair Use? [read post]
16 Dec 2011, 11:12 am
http://ht.ly/81WMC Green Day wins Fair Use defense re transformed art, awarded $128,000 in attorneys fees, thanks for the read on this case from one of Chicago’s finest IP firms, Patishall McAuliffe. [read post]
25 May 2023, 10:00 am
However, the majority stated that this precedent did not justify a broad application of fair use analysis. [read post]
28 Dec 2007, 11:53 am
If it applies, fair use can allow otherwise unauthorized uses that involve any or all of these rights. [read post]
29 Jan 2010, 12:55 pm
Most of the rest of us were skeptical of this approach. [read post]
31 Dec 2014, 6:26 am
We can accomplish this by offering specific examples of uses that have been found to be fair uses, or that we believe to be fair uses. [read post]
8 Jun 2010, 9:16 am
Madison (University of Pittsburgh - School of Law) has posted Some Optimism About Fair Use and Copyright Law (Journal of the Copyright Society of the U.S.A.) on SSRN. [read post]
13 Jul 2011, 11:55 am
It is relatively rare for a copyright defendant to prevail on fair use at the motion to dismiss phase, before an answer is filed [...] [read post]
12 Aug 2013, 6:57 am
Note: This story is being revised to include a comparison between this case and recent fair use ruling in appropriation …Continue reading » [read post]
18 Mar 2015, 6:00 am
Would these uses likely be considered fair use? [read post]
19 Jan 2016, 1:30 am
§ 107 created a type of non-infringing use, fair use is "authorized by the law" and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)". [read post]
27 Jul 2015, 10:04 am
" Nominative fair use is a limited exception to the exclusive rights of the trademark owner. [read post]
