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3 Mar 2020, 7:10 am by Austin Koltonowski
It is our hope that this action will spur Beijing to adopt a more fair and reciprocal approach to U.S. and other foreign press in China. [read post]
12 Mar 2018, 1:57 pm by Tamera H. Bennett
There may be “fair use” factors that come into play in the instance of fan usage and parody. [read post]
30 Nov 2015, 4:04 am by Peter Mahler
In any event, if, as held in Gerber, an agreement that expressly defines “good faith” cannot affect the implied covenant, a fortiori neither can an agreement that uses the term but omits to define it. [read post]
24 Oct 2019, 12:25 am
In that case, fair use was limited to works that transformed the original through use of parody or satire - this is juxtaposes the current environment, which noticeably reduces the rights of photographers in their works through the expansion of fair use, as evident in Cariou v Prince in 2013, and Rentmeester v Nike, Inc. in 2018.This is further explored through an examination of the Andy Warhol case, which further illustrates the expansion of the… [read post]
3 Apr 2017, 12:03 pm by Kelsey Wong
California continues its lead in restricting use of criminal records with the Fair Employment and Housing Council (FEHC) recently finalizing new regulations that further limit a California employer’s ability to use criminal history when making employment decisions. [read post]
29 Sep 2011, 8:32 am by The Dear Rich Staff
If she intends to place the videos on YouTube, one of three things could happen: (1) nothing, (2) the song owner would issue a DMCA notice, in which case the video would be removed by YouTube (unless you fought over the issue based on a fair use claim -- see below), or (3) YouTube would flag the video, send you an email stating that it thinks you're using unauthorized music and then run ads along with the video (which is what happened when the Dear Rich Staff posted a… [read post]
24 Sep 2019, 12:12 am
 Consequently a court must determine whether the use of the photographs constitutes fair use. [read post]
18 Jul 2011, 9:03 pm
” While none of these considerations, when taken individually, would be sufficient to create a “fair probability” that evidence of a crime would be found in Room 22, they strike us as more than sufficient to establish probable cause and exigent circumstances when viewed through the “totality of the circumstances” prism. [read post]
24 Apr 2009, 4:53 pm
Related links: Fair Arbitration Now Public Citizen Calls for 12 State to Investigate Insurers’ Use of Questionable Arbitration Firm Thanks to Cindy Schnackel, from Homeowners Against Deficient Dwellings for sending us the information. [read post]
6 Apr 2011, 9:41 am by Glenn Reynolds
“When NBC used to cover energy issues, they identified themselves as a subsidiary of General Electric. [read post]
12 Mar 2012, 5:38 am by Michael Geist
On the other hand, given the heavy lobbying by many groups demanding changes to fair dealing (all parties rejected calls for a new fair dealing test or limitations on education), user generated content (there were multiple calls for its removal), statutory damages (there were calls for unlimited damages), and Internet liability (there were calls for notice-and-takedown and subscriber disclosure requirements), the government's proposed amendments are relatively modest. [read post]
3 Aug 2009, 1:46 pm
Once a brief is filed, it takes on a certain public character that may inform the fair-use analysis. [read post]
23 Oct 2008, 1:36 am
There is no fixed time period which qualifies for fair use and although we believe that a few seconds of a book cover should qualify as a fair use... [read post]