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5 Aug 2013, 1:56 pm by Wai Choy
The potential for simple copyright notices to constitute copyright management information raises a question for further thought:  As Section 1202 of the DMCA does not explicitly make an exception for fair use, would the removal or alteration of copyright management information in a context that constitutes “fair use” under Section 107 of the Copyright Act still run afoul of the DMCA and trigger statutory penalties? [read post]
5 Aug 2013, 10:37 am by Ron Coleman
As Wendy Seltzer from the Chilling Effects project said, “Sounds like a pretty solid fair use case to me. [read post]
5 Aug 2013, 10:37 am by Ron Coleman
It’s not often that republishing an entire work without permission is deemed fair use. [read post]
5 Aug 2013, 10:37 am by Ron Coleman
As Wendy Seltzer from the Chilling Effects project said, “Sounds like a pretty solid fair use case to me. [read post]
5 Aug 2013, 10:37 am by Ron Coleman
It’s not often that republishing an entire work without permission is deemed fair use. [read post]
5 Aug 2013, 10:37 am by Ron Coleman
”  Not long after, another commenter — evidently a knowledgeable lawyer — answers astutely: There’s no need to raise a fair use defense because fair use is just that – a defense. [read post]
5 Aug 2013, 10:25 am by Eric
Acuff-Rose, Inc., 510 U.S. 569 (1994), which held that an alleged rap parody of the popular song Pretty Woman could qualify as a parody protected by the copyright fair use doctrine. [read post]
5 Aug 2013, 6:53 am
In particular, as to Sports Direct's right to prevent the use of BBL’s trade mark at its application date by enforcing an earlier unregistered right against it under section 5(4)(a) of the Trade Marks Act 1994, the test was whether, at the date of the application to register the mark, normal and fair use of the mark in relation to the relevant goods and services could have been prevented by an action for passing off. [read post]
5 Aug 2013, 3:15 am by R. David Donoghue
  MBHB sought discovery to prove that the accused conduct would not impact plaintiff’s market (for MBHB’s fair use defense) and that plaintiff knew about similar conduct and delayed unreasonably in acting to remedy it. [read post]
4 Aug 2013, 5:30 am by Barry Sookman
http://t.co/CzIbAi1Wyw -> Telus sues federal government over wireless policy http://t.co/dZifuhsGsw -> HBC looks to Saks deal to transform luxury e-commerce in Canada http://t.co/v9hMyRXIGM -> Long story short: Fair use is theft by any other name http://t.co/Hm23G1GrWs -> Copyright Takedowns on Twitter Are Up 76 Percent http://t.co/SrXWkSiokh -> nectivity, Content and Consumers: Britain’s digital platform for growth http://t.co/sIkjJLDFri -> Towards a… [read post]
3 Aug 2013, 5:30 am by Barry Sookman
http://t.co/A7XL4rdWXg -> Final Fantasy VII Kickstarter removed after copyright complaint http://t.co/GDghlzY6MH -> Broward firm ordered to pay $8.1 million for software patent violations http://t.co/veK0col78x -> Industrial Infrastructure Security Flaws Pile Up http://t.co/IPVLclP3QT -> Ninth Circuit Rules That Celebrity "Rights" Trump Free Speech http://t.co/Jad7T6S04P -> Copyhype Friday’s Endnotes – 08/02/13 http://t.co/2L1ul3HKif -> Singapore can become hub for IP… [read post]
2 Aug 2013, 11:07 am
The Ninth Circuit confirmed that DVR recording is protected fair use, and since Fox did not have any copyright interest in the advertisements (the only content that was being skipped), it could not show that it was irreparably harmed by the features. [read post]
2 Aug 2013, 6:00 am by The Dear Rich Staff
It's possible (but unlikely) that your derivative work will be protected under fair use (And authors in similar situations have worked out settlements.). [read post]
2 Aug 2013, 5:30 am by Barry Sookman
http://t.co/B3jsCpdN4E -> Industrial Control Systems Targeted By Malicious Attackers, Research Shows http://t.co/tR5QtADxxN -> Gartner: SaaS contract language regarding security is lacking http://t.co/wZ901OGyAD -> IBM Says SEC is Investigating How it Reports Cloud Revenues http://t.co/a4nSYt1YVh -> Canadian Co, Hootsuite scores $165M from top Twitter investor http://t.co/fH11jDpyFD -> German publishers play nice with Google News despite dispute http://t.co/EAxdnms8ub -> ITC… [read post]
1 Aug 2013, 5:30 am by Barry Sookman
http://t.co/CzIbAi1Wyw -> Telus sues federal government over wireless policy http://t.co/dZifuhsGsw -> HBC looks to Saks deal to transform luxury e-commerce in Canada http://t.co/v9hMyRXIGM -> Long story short: Fair use is theft by any other name http://t.co/Hm23G1GrWs -> Copyright Takedowns on Twitter Are Up 76 Percent http://t.co/SrXWkSiokh -> nectivity, Content and Consumers: Britain’s digital platform for growth http://t.co/sIkjJLDFri -> Towards a… [read post]
1 Aug 2013, 12:00 am by Gordon Firemark
 My answer examines the “Fair Use” defense to copyright infringement. [read post]