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17 May 2013, 12:29 pm by Rebecca Tushnet
  Each claim had individual issues of ownership, infringement, fair use, and damages. [read post]
17 May 2013, 11:25 am by aallwash
Suzan Delbene (D-WA) on the changes in copyright since the 2010 report, the panel noted the role of the courts on fair use and public dissemination, particularly in the Second Circuit. [read post]
17 May 2013, 8:31 am by Sheldon Toplitt
Aereo (Case No. 1:12-cv-01540), Aereo, which is financially backed by media mogul Barry Diller (see "TUOL" post 8/14/12), argues the March 2012, copyright infringement suit brought by commercial broadcasters CBS, ABC, NBC and Fox should be dismissed following the networks' failure to persuade the United States Court of Appeals for the Second Circuit to overturn Judge Nathan's earlier ruling not to issue a permanent injunction against Aereo for allegedly violating the broadcasters' right to public… [read post]
17 May 2013, 1:37 am
§ 107, four criteria must be satisfied in order for a court to uphold fair use:  ´[T]he fair use of a copyrighted work […] for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. [read post]
15 May 2013, 5:09 pm by Donn Zaretsky
  But we had a fair use clusterfark before Prince. [read post]
15 May 2013, 9:45 am
 Indeed, this so-called “transformative use” analysis often eclipses the other stated factors, so that if a use is found to be “transformative,” it is almost always found to be fair use. [read post]
14 May 2013, 12:27 pm by Aurelia J. Schultz
  (Although Little Leo is tempted to get nitpicky and point out how these concepts can be taken too far…) Broad Limitations and Exceptions The report also mentions fair use and fair dealing, the encouragement of which can be very beneficial to balancing the competing needs of freedom of expression and copyright protection. [read post]
14 May 2013, 6:11 am by Donn Zaretsky
Sergio Muñoz Sarmiento is still not happy with the Prince decision:  "This isn’t about chilling speech; it’s about knowing a good thing when you have it. [read post]
14 May 2013, 12:10 am by Gordon Firemark
Don’t rely on “Fair Use” “Fair Use” is one of the few defenses to claims of copyright infringement under U.S. law. [read post]
13 May 2013, 8:08 pm by Ron Coleman
And here I break off for two reasons (copyright infringement not being one; I’m nowhere near the fair use threshold). [read post]
12 May 2013, 8:02 pm by Ariel Greenberg
Hot on the heels of appropriation artist Richard Prince's victory in the Second Circuit (covered here two weeks ago), a Los Angeles federal court has returned a less favorable ruling for appropriation and street artist Thierry Guetta, better known as Mr. [read post]
10 May 2013, 11:10 am by Donn Zaretsky
And, if the latter, is it a fair use because it has a "different purpose" than the original (i.e., to sell cars)? [read post]
10 May 2013, 7:42 am by Jonathan Bailey
However, the court vacated a controversial opinion against Righthaven, one that ruled the copying and reposting of an entire article was a fair use. [read post]
9 May 2013, 2:21 pm by Jonathan Bailey
Bottom Line Obviously, through all of this the most important rule is, if you’re going to reuse content beyond what is a clear fair use, you should get permission from the content creator or copyright holder. [read post]
9 May 2013, 11:32 am by Ron Coleman
One reason is that most of the use being complained of is fair use. [read post]
9 May 2013, 8:52 am by Jonathan Bailey
The court wondered if, perhaps, the fair use issue should be resolved before the class action status is determined. [read post]
7 May 2013, 1:59 pm by Jonathan Bailey
Even if they could effectively control non-commercial uses of the meme, it would likely be unlawful (stopping fair uses of the work) and would do little good. [read post]