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9 Jul 2014, 9:46 am
To the extent that Stephanie uses WorldVenture's name, it's classic nominative fair use. [read post]
9 Jul 2014, 9:26 am
With respect to watching broadcasted content, viewers probably don’t infringe for a variety of reasons (including the users’ performance isn’t “public” or the users are protected by fair use). [read post]
9 Jul 2014, 8:39 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
9 Jul 2014, 6:00 am
(2) If they do care about it, they probably won't bother to pursue you because a lawyer will likely advise them that you have a fair use defense. (3) If they decide you don't have a valid fair use argument or they want to pursue you for trademark claims, they will likely decide against lawsuit unless they have reason to believe that your pockets are deep. [read post]
9 Jul 2014, 5:00 am
Fair Use of Copyrighted Trademarks Depending upon the circumstances under which you used a mark belonging to another owner, an attorney might advise you to claim fair use. [read post]
8 Jul 2014, 1:41 pm
Second, the judge agreed that the posting of the video was classic fair use, because it was a critical non-commercial use designed to impact discussion of Caner's dishonesty. [read post]
8 Jul 2014, 10:47 am
In 2008, Tony Reese presciently told us that the case law on fair use "transformativeness" showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use. [read post]
8 Jul 2014, 9:38 am
But using it as the standard that must be met before the government may accord different treatment on the basis of race, or before the government may regulate the content of speech, is not remotely comparable to using it for the purpose asserted here. [read post]
8 Jul 2014, 8:45 am
They are negotiating provisions that could lead to users getting censored and filtered over copyright, with no judicial oversight or consideration for fair use. [read post]
8 Jul 2014, 8:25 am
The court silently assumes copyrightability and infringement and quickly resolves the case on fair use grounds: * Nature of Use. [read post]
7 Jul 2014, 11:02 pm
Let's just go for open-ended fair use" was the relevant option). [read post]
7 Jul 2014, 11:01 pm
Let's just go for open-ended fair use" was the relevant option). [read post]
7 Jul 2014, 1:56 pm
Section I: Introduction In today’s world, the growing popularity of Electronic Dance Music, commonly known as “EDM,” is rapidly revolutionizing music, reviving rave culture from the 1990s, but at the same time, is further complicating the world of music sampling in copyright law.[1] As a result of its popularity in dance clubs, the infatuation with […] The post Electric Dance Music: Creating Fair Use in Music Sampling Under the Copyright Law… [read post]
7 Jul 2014, 6:00 am
Fair use rationale: critical discussion of the film Ferris Bueller’s Day Off. [read post]
7 Jul 2014, 4:35 am
Thus, the court didn’t need to evaluate Nomorerack’s descriptive fair use defense, though it noted that Nomorerack’s evidence on this was compelling: it submitted evidence that it wasn’t using the term as a mark (query what would count as “evidence” of this), that the term was descriptive, and that its use was fair and in good faith.Belt and suspenders: Overstock also didn’t show irreparable harm, given the… [read post]
6 Jul 2014, 9:25 pm
Leval, Toward a Fair Use Standard, 103 HARV. [read post]
3 Jul 2014, 4:51 pm
In the United States and a growing number of other countries, this space is provided by flexible copyright limitations such as fair use. [read post]
2 Jul 2014, 8:58 am
Digital services contend that the songs should not be Federalized just for performance rights purposes, when they are otherwise not covered by Federal law (e.g. for fair use purposes, and, according to arguments made by the record labels in various lawsuits, by the DMCA safe-harbor provisions dealing with user-generated content). [read post]
30 Jun 2014, 11:21 am
But the lawyer-heavy group makes generous use of the IP laws in quashing dissent, notably by suing, or threatening to sue, anyone who prints more of their founder’s dissembling nonsense than copyright fair use permits. [read post]
30 Jun 2014, 4:38 am
It notes that its interpretation is influenced by Congress’s intent to cover “cable companies and their equivalents,” that its definition of the public “does not extend to those who act as owners or possessors of the relevant product,” and that fair use and the DMCA safe harbors for online service providers should mitigate any remaining concerns. [read post]
