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12 Sep 2013, 10:05 am
The case resulted in both the MPAA and the EFF filing amicus briefs, the MPAA supporting Crosley-Corcoran’s position that she did not need to analyze fair use before filing the notice and the EFF supporting Tuteur. [read post]
12 Sep 2013, 6:00 am
But on the other hand I assume I'd have to rely on (3) a fair use defense if any copyright holder objected to my use of a clip. [read post]
12 Sep 2013, 1:45 am
In other words, Section 512 was not intended to trump the fair use doctrine. [read post]
11 Sep 2013, 4:42 am
:Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate, by Yochai Benkler et al. ("9,757 stories relevant to the COICA-SOPA-PIPA debate from September 2010 through the end of January 2012 .... support[] an optimistic view of the potential for networked democratic participation...")The Fair Use Doctrine in the United States — A Response to the Kernochan Report, by Gwen Hinze, Peter Jaszi & Matthew Sag (submission to the Australian Law Reform… [read post]
10 Sep 2013, 5:30 am
Minn 2013 fair use casehttp://t.co/2B8rWjIOWA -> Update: Combating Counterfeit Products Act http://t.co/TvCtIYeW6c -> Bitcoin kiosks coming to five Canadian cities http://t.co/SC6dTRbSv8 -> Persona videos being taken off Youtube by Russian sketch actress http://t.co/wWtAgg8kWS -> 'Dirty Dancing' Makers Mount Trademark Infringement Suit http://t.co/aGDa62dZUZ -> Another IT project goes sideways: R.I. [read post]
9 Sep 2013, 9:09 am
Asking permission, we know, does not prevent a later reliance on fair use, but in some cases it seems like an easy and respectful way to proceed even when fair use would likely also support the use. [read post]
9 Sep 2013, 6:25 am
(Case No. 1:13-cv-12028), the professor is seeking injunctive relief, damages and declaratory judgment from the Court under the Digital Millenium Copyright Act [17 U.S.C. sec. 512] that his use of a 2009 tune, Lisztomania, by French songsters Phoenix in the YouTube lecture was protected by the Copyright Act's Fair Use provision [17 U.S.C. sec. 107].Under the Fair Use defense against infringement claims, the Court weighs factors, including the purpose and… [read post]
9 Sep 2013, 4:30 am
· There is a view that fair use/fair dealing exceptions do not cover RSA needs. [read post]
8 Sep 2013, 4:32 pm
Any patent agents hired can work from home anywhere in the US. [read post]
6 Sep 2013, 6:23 am
I wanted to mention this because "fair use" raises similar psychological issues as the "duty of good faith and fair dealing" issue in the Microsoft-Motorola case.Both parties had moved, even before the jury verdict, for judgment as a matter of law (JMOL). [read post]
5 Sep 2013, 8:16 am
However, until the body of case law becomes so prevalent that trademark owners recognize that they cannot possibly succeed in an action involving use in a video game, it may be wise for developers to be circumspect in what they include. [read post]
4 Sep 2013, 9:10 am
Eric presents those additional ideas of mine very well in his article and, citing my own personal interpretation of the fair use doctrine, I thought I would pass them along here: Stephen Rosenberg, a Boston ERISA lawyer who typically represents insurers and employers, described the case as a “natural culmination of years of judicial approach” in this circuit. [read post]
4 Sep 2013, 6:22 am
Here are the leading legal headlines from Wise Law on Twitter for Wednesday, September 4, 2013:Gay Ottawa prison guard gets $98,000 for discrimination Edward Snowden receives whistleblowing award in Germany Putin vows no anti-LGBT discrimination at the 2014 Winter Olympics in Sochi Judge is hospitalized after attack outside courthouse Kansas House passes rewrite of 'Hard 50' law - Times Union Ohio judge says electronic will is valid Big Tobacco airs e-cigarette TV ads as FDA readies rules… [read post]
3 Sep 2013, 10:19 am
— McGarry Bair PC (@McGarryBair) August 1, 2013 RT @LegalNews: #Copyright Fair Use Defense Not Available to Aggregator of AP News Clips http://t.co/I2GIt6p5fw | by @foleyhoag — Ron Coleman (@RonColeman) April 4, 2013 RT @CColmanLaw: SCOTUS denies cert in Jovani #copyright-for-fashion case: http://t.co/8pDDSSxnQC Background: http://t.co/6x0OWWGSr3 — Ron Coleman (@RonColeman) March 18, 2013 @RonColeman RT @pchestek: Via @ericgoldman Product Review Website Defeats… [read post]
2 Sep 2013, 4:00 am
On this appeal, the Second Circuit vacated and remanded for a consideration of Google’s defense of fair use. [read post]
1 Sep 2013, 6:30 am
NACM ED Louis 2013http://t.co/i9W3Q6SHe2 -> Hollywood Studios Win Massive Hotfile Lawsuit http://t.co/naJnGO1Kqg -> Copyright law influences teachers "educational fair use" of materials http://t.co/F4Xa2c08pQ -> St. [read post]
1 Sep 2013, 6:30 am
NACM ED Louis 2013http://t.co/i9W3Q6SHe2 -> Hollywood Studios Win Massive Hotfile Lawsuit http://t.co/naJnGO1Kqg -> Copyright law influences teachers "educational fair use" of materials http://t.co/F4Xa2c08pQ -> St. [read post]
31 Aug 2013, 5:30 am
NACM ED Louis 2013http://t.co/i9W3Q6SHe2 -> Hollywood Studios Win Massive Hotfile Lawsuit http://t.co/naJnGO1Kqg -> Copyright law influences teachers "educational fair use" of materials http://t.co/F4Xa2c08pQ -> St. [read post]
31 Aug 2013, 1:40 am
It's possible that the delta falls within the wide range that is "hundreds of millions of dollars" regardless of which point of comparison one uses. [read post]
30 Aug 2013, 6:47 am
Emphasis on “goo” – authors point out the many fallacies of Google’s book scanning defense — John Degen runs us through a memorandum filed by the Author’s Guild in opposition to Google’s fair use defense that it has raised in the ongoing Google Book Search lawsuit. [read post]
