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10 Aug 2013, 8:40 am by Eric
Curiously, the court doesn't use the phrase "nominative use," but it does reference the federal dilution statute's exclusion for "fair use. [read post]
9 Aug 2013, 12:46 pm by Cicely Wilson
The court concluded that Green Day’s use of the illustration was fair use under the Copyright Act where the purpose and character of the use was transformative and not overly commercial; the nature of the work included its status as a widely disseminated work of street art; Green Day’s use of the work was not excessive in light of its transformative purpose; and Green Day’s use did not affect the value of the piece or of… [read post]
9 Aug 2013, 11:44 am by Rebecca Tushnet
We should be suspicious especially as we move to the internet of things about unexpected use restrictions. [read post]
9 Aug 2013, 9:43 am by Mary Elizabeth Williams
On Thursday, the Ninth Circuit Court of Appeals in California ruled that Green Day’s use of Derek Seltzer’s “Scream Icon” …Continue reading » [read post]
9 Aug 2013, 7:13 am by Rebecca Tushnet
  More mildly, she proposes stepped-up distinctiveness requirements for protection of descriptive marks, the adoption of a descriptive fair use defense, and a more limited scope of a mark if it’s descriptive. [read post]
9 Aug 2013, 5:16 am by Devlin Hartline
The magistrate judge, after finding that all four fair use factors weighed in the defendants’ favor, issued a report recommending that the district court side with the patent law firm defendants. [read post]
8 Aug 2013, 2:21 pm
Seltzer's Scream Icon Is unauthorised use of an artist’s work in the video backdrop of a rock band's stage show fair use under US copyright law? [read post]
8 Aug 2013, 1:41 pm by Rebecca Tushnet
  Consider the insight, largely incorporated into copyright doctrine only via fair use, that change of context changes meaning? [read post]
8 Aug 2013, 10:05 am by Rebecca Tushnet
Isn’t commerciality just a proxy in fair use for factor four substitutability? [read post]
8 Aug 2013, 9:36 am by Rebecca Tushnet
  Uncertain rights figure into property rights: fair use is one source; ownership of rights can often create uncertainty (WFH, joint authorship, etc.). [read post]
8 Aug 2013, 9:24 am by Jonathan Bailey
The appeals court upheld a lower court ruling that the use was a fair use, saying it was highly transformative and not excessively commercial. [read post]
8 Aug 2013, 7:02 am by Rebecca Tushnet
  We should also judge the relevance of our community on the things we do besides articles: amicus briefs, Best Practices in Fair Use (identifies this as having genuine impact); working in government like Hughes is another way to have an effect. [read post]
8 Aug 2013, 5:30 am by Barry Sookman
http://t.co/IDC4RfSVrT -> UK businesses cannot ignore the EU’s data protection reforms http://t.co/Jv0PvdtOIK -> New anti-cyberbullying act now law in Nova Scotia http://t.co/u1uYW1enHb -> Why Copyright is a Right and Fair Use is a Privilege http://t.co/wnNMFgiHPN -> US cloud providers set to lose billions following Prism revelations, says think tank http://t.co/ATfgbE9YEo -> [read post]
7 Aug 2013, 6:44 pm by Lisa Larrimore Ouellette
(Their taxonomy of defenses, which includes all types of IP, also includes a third category of "class" defenses such as fair use in copyright and trademark.) [read post]
7 Aug 2013, 1:54 pm
This is precisely what I expected once I read the facts.What the band Green Day did at one of its shows (and at the MTV Music Awards) did indeed constitute fair use. [read post]
7 Aug 2013, 11:07 am by Devlin Hartline
Many claim as well that fair use is a right and not a privilege. [read post]