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9 Oct 2014, 12:43 pm by Florian Mueller
But let there be no doubt about the balanced approach underlying her opinions in the Oracle case (where she agreed with Oracle on copyrightability but stopped short on resolving fair use as a matter of law) and now in this Google matter. [read post]
9 Oct 2014, 8:29 am by Michael Geist
  My post argues that the law may already cover some of the uses and that if changes are needed, a better approach would be to adopt a fair use provision in Canada. [read post]
8 Oct 2014, 8:23 pm by Michael Geist
I am not a fan of attack ads, but attempts to use copyright to claim absolute rights over the use of a portion of a video clip is surely counter to basic principles of fair dealing (in Canada) or fair use. [read post]
8 Oct 2014, 3:13 pm by Florian Mueller
It's a safe guess, however, that Google will try to mobilize all sorts of advocacy groups, as it did before, and they will all say that the sky is falling on software developers and no one will dare implement APIs anymore (when, in reality, the Federal Circuit ruling strikes a very good balance, relegating interoperability considerations to the "fair use" analysis or, theoretically, FRAND/compulsory licensing questions instead of throwing out the baby with the bath… [read post]
8 Oct 2014, 8:39 am
  I'm not sure about that, but I do agree completely with this, from my co-teacher Amy Adler:"One of the worries that I think we should all have about the extremely chaotic and uncertain area of fair use law is it will force artists to steer clear of engaging in work they should otherwise be able to do for fear of getting sued, and that applies to all artists rich or poor. [read post]
7 Oct 2014, 6:02 am by VALL Blog Master
It’s important to note that Section 108 doesn’t extinguish libraries’ fair use rights—Section 108(f)(4) expressly reserves library’s fair use rights. [read post]
6 Oct 2014, 6:52 am by Ron Coleman
The jury agreed with Compaq that this was de minimis and “fair use” and hence not copyright infringement. [read post]
3 Oct 2014, 11:47 am by 500law
For […] The post Fair Use of a Trademark or Service Mark appeared first on Santucci Priore, PL. [read post]
3 Oct 2014, 6:00 am by The Dear Rich Staff
Dear Rich: Is it a fair use to stream music and playlists from services like Pandora or Grooveshark as background music in the public K-12 classroom, when not part of a direct-teach unit as would be protected by section 110? [read post]
2 Oct 2014, 1:48 pm by April Glaser and Maira Sutton
Related Issues: Fair Use and Intellectual Property: Defending the BalanceOpen AccessShare this:   ||  Join EFF [read post]
2 Oct 2014, 10:20 am by Jonathan Bailey
It had been previously noted that Google was refusing to remove images that were not selfies, meaning the person in the image wasn’t likely the copyright holder, or situations where it felt issues of fair use were raised. [read post]
30 Sep 2014, 9:57 am by corynne mcsherry
  Files: lttdeloitte.pdfRelated Issues: Fair Use and Intellectual Property: Defending the BalanceNo Downtime for Free SpeechShare this:   ||  Join EFF [read post]
29 Sep 2014, 4:50 pm by Sabrina I. Pacifici
., Law Firm Copying and Fair Use: An Examination of Different Purpose and Fair Use Markets (September 29, 2014). [read post]
29 Sep 2014, 8:03 am by Rebecca Tushnet
Because flourishing theories give us strong defaults, they can say “protect critical uses” and “protect noncommercial uses” and move on.http://tushnet.blogspot.com/feeds/posts/default? [read post]
28 Sep 2014, 4:51 am by Jani
Deckmyn argued that his use of the comic's cover would be protected from infringement as a fair use under parody, yet the questions posed to the ECJ were:"1. [read post]
27 Sep 2014, 9:19 pm by Howard Friedman
" Legal experts suggest that the fair use doctrine makes Jakes' claim a difficult one. [read post]
26 Sep 2014, 2:47 pm by Mitch Stoltz
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCAFixing Copyright? [read post]