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1 May 2008, 3:56 pm
(3) whether you intend to infringe has no bearing on liability, though it can effect a damages award against you. (4) fair use has no bright lines (a caller had a question for us about the Harry Potter case being handled by CIS, so that proved a perfect segue to discussing fair use requirements). (5) copyright is a great thing – it’s an engine of creativity and it’s important to the livelihood of artists and creators. [read post]
26 Oct 2014, 4:37 pm
Owners of “high equity” intellectual property including trademarks want nothing more or less than ownership of trademarks as rights in gross, European-style, meaning in part that nominative fair use or any fair use at all would be written out of American trademark law — along with some pretty important parts of the First Amendment. [read post]
29 Aug 2007, 7:51 am
The US exemption for fair use is much broader (and gives the judge much more discretion) that the UK equivalent defence to copyright infringement of "fair dealing". [read post]
27 Oct 2011, 9:53 am
CIO * Blogger Wins Fair Use Defense...On a Motion to Dismiss! [read post]
16 Oct 2008, 3:45 pm
We look forward to working with Senator (or President) McCain on ways to combat abuse of the DMCA takedown process on YouTube, including, by way of example, strengthening the fair use doctrine, so that intermediaries like us can rely on this important doctrine with a measure of business certainty. [read post]
26 Aug 2009, 2:27 am
Before the trial began the court excluded Tenenbaum's fair-use defense. [read post]
27 Feb 2017, 3:15 am
YOUKU TUDOU https://t.co/9Nvpp6rZR6 -> How a tiny Canadian IT company helped swing the Brexit vote on social media for Leave https://t.co/udkeK4oNKW -> The Rambler by Graham Henderson: “If the Facts Won’t do…” – Music Canada https://t.co/ijwULglJuT -> Fair Use, Fairness and the Public Interest (part ll) https://t.co/hs6LOoLT3H -> Judge: No, feds can’t nab all Apple devices and try everyone’s fingerprints… [read post]
26 Aug 2009, 2:27 am
Before the trial began the court excluded Tenenbaum's fair-use defense. [read post]
30 Aug 2007, 10:17 am
” Viacom’s lawyers would likely argue that broadcasting Knight’s video — for the purpose of commentary — falls within the fair-use provision of the copyright law as commentary, whereas Knight’s reposting of the VH1 clip without Viacom’s permission has no “fair use” defense. [read post]
20 Aug 2012, 6:00 am
As for using several quotes culled from a book that features quotations from children's letters, the rules may be a little different, depending on how long the quotes are, how many are taken, and whether your use qualifies as a fair use. [read post]
25 Oct 2010, 10:00 am
The Ninth Circuit also rejected Victoria’s Secret fair use argument finding that its use of the word Delicious is substantially similar to the way it uses its PINK and VERY SEXY marks. [read post]
11 Jul 2019, 12:05 pm
The court next considered HS’s fair use defense for “re-pinning” one of Tylor’s photos. [read post]
2 Nov 2009, 3:26 am
Aqua and MCA Records were successful in their fair use defense because the song is a parody of Barbie. [read post]
30 Mar 2010, 7:07 am
(Note: There are other cases that have held that the brief use of paintings, prints and original art in film sets is permitted as a fair use or as de minimis use.) [read post]
24 Jul 2013, 2:58 pm
Because the subscribers made copies mainly for "time-shifting" purposes, the panel ruled, they had a valid "fair use" defense, and their fair use also exonerated Dish. [read post]
21 Aug 2011, 9:28 am
Polk Wagner (Penn) [252 downloads] Making Sense of Fair Use, by Neil W. [read post]
15 Aug 2023, 7:18 pm
The call for a fair use exception for AI systems is a view the company has expressed to the Australian government in the past, but the notion of an opt-out option for publishers is a new argument from Google. [read post]
2 Jul 2009, 8:05 am
., No. 09-CV-5095 (S.D.N.Y.) case holding that the new book focused on Holden Caufield as a 76-year-old man did not fit within the narrow "fair use" exception to copyright infringement. [read post]
26 Aug 2009, 2:27 am
Before the trial began the court excluded Tenenbaum's fair-use defense. [read post]
11 Mar 2008, 2:32 am
The company says no, that it's a fair use because they're using the papers for a transformative purpose -- catching cheaters. [read post]
