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9 Feb 2014, 5:30 am by Barry Sookman
http://t.co/OGWFPRwE3b -> Hearing on The Scope of Fair Use http://t.co/cgfsadOJqQ -> Tech 10 Outspend MPAA on Lobbying 30:1 http://t.co/9e6xG5IJGy -> CAFC finds eCommerce app obvious IN RE CHAGANTI, Court of Appeals, Federal Circuit 2014http://t.co/qPtuYa3YZ5 -> US court awards $167k damages for willful copyright infringement of photos TYLOR v. [read post]
8 Feb 2014, 4:49 pm by Rebecca Tushnet
We don’t know how many transactions are being blocked.Andrew Gilden, Stanford Law School (fellow)Raw Materials in Intellectual PropertyConcept of raw materials in recent © and RoP cases, where courts increasingly find fair use/1A protection depending on whether D uses P’s likeness/work as “raw material” for future authorship. [read post]
8 Feb 2014, 2:51 pm by Rebecca Tushnet
  Unless work is created to be used as evidence, it’s fair use. [read post]
8 Feb 2014, 12:18 pm by Rebecca Tushnet
  Would ideas of fair use, more robust printed matter doctrine, more robust abstract idea doctrine help? [read post]
8 Feb 2014, 10:36 am by Rebecca Tushnet
Range of issues: ownership, copyrightability (registration, elements copied not copyrightable); copying in fact; substantial similarity; fair use (Brownmark Films—court of appeals converts it into sj on appeal, but 12(b)(6) in dct); license. [read post]
7 Feb 2014, 5:25 pm by Rebecca Tushnet
Michael Grynberg, DePaul University College of LawThick Marks Thin MarksMark might be strong but receive weak protection based on nature of claim, such as nominative fair use. [read post]
7 Feb 2014, 3:03 pm by Rebecca Tushnet
  This approach allows better communication.Q: fair use uses language of fairness, but elements are utilitarian.A: we should look at the statute’s language! [read post]
7 Feb 2014, 12:41 pm
” The Court also deemed defendants’ remaining arguments based on de minimis use and “fair use” more appropriately addressed on a motion for summary judgment. [read post]
6 Feb 2014, 1:19 pm
The Supreme Court therefore found that home taping qualifies as fair use. [read post]
5 Feb 2014, 12:51 am
The dealing, i.e. the use, at issue must be “fair”. [read post]
4 Feb 2014, 1:24 pm by Jonathan Bailey
Even the limited use of content from the subject is likely a fair use. [read post]
4 Feb 2014, 1:10 pm by Mary Minow
Legal considerations appeared first on Stanford Copyright and Fair Use Center. [read post]
4 Feb 2014, 8:59 am by Ron Coleman
“Branding” — “infringement” — “liabilty” — “fair use” — all very interesting concepts. [read post]
4 Feb 2014, 5:30 am by Barry Sookman
http://t.co/NynZ3oAslB -> Using new employer’s credentials to copy former employer’s technology did not violate Computer Fraud and Abuse Act http://t.co/dDpfCt3cnJ -> Announcing Canada’s 6th Annual IP Writing Challenge http://t.co/JvCfjc9Sx9 -> Online review websites and the ACCC http://t.co/QNM1LHNKZa -> Nontransformative, commercial use of earnings call was fair http://t.co/2oGYXjFHau -> Beastie Boys and Toys: Verse 1 (Copyright and… [read post]
3 Feb 2014, 1:18 pm by Kathryn Fenderson Scott
Here are some common misconceptions about Fair Use, the following are NOT defenses to copy right infringement: if you link back to the source and list the photographer's name if the picture is not full-sized (only thumbnail size is okay) if you did it innocently if your site is non-commercial and you made no money from the use of the photo if you didn't claim the photo was yours if you've added commentary in addition to having the pic in the post if the picture is embedded… [read post]
3 Feb 2014, 8:54 am by Terry Hart
Fair use has traditionally played this role. [read post]
3 Feb 2014, 5:47 am by Rebecca Tushnet
  Individual artists need fair use, and they need intermediaries to have fair use too; their interests aren't opposed, but they aren't exactly the same either. [read post]