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1 Aug 2012, 6:00 am by The Dear Rich Staff
Most likely the unauthorized audio recordings constitute infringement but as for the rest, that depends on the amount taken, whether the use is excused as a fair use, whether the copyright owner can maintain a lawsuit in the foreign jurisdiction (or has a basis for suing in the U.S.), and who committed the alleged infringement. [read post]
10 Mar 2020, 8:21 am by Timothy B. Lee
Google also argues that copyright's fair use doctrine allows for this kind of copying. [read post]
21 Dec 2011, 5:22 am by Glenn Reynolds
Even though the campaign, and many others in the online community, believed the content to be privileged under the “Fair Use Doctrine,” the videos were pulled down. [read post]
3 Jan 2008, 4:02 am
  The court also held that the use of the lyrics also could not constitute fair use based on its commercial nature, aggreeing with a Sixth Circuit decision (blogged here). [read post]
19 Sep 2011, 10:35 am
Wayne Hoehn beat Righthaven so badly that the Las Vegas-based copyright troll lost its copyright infringement case on fair use grounds—and had to pay Hoehn's lawyers at the Randazza Legal Group $34,045.50 in attorney's fees. [read post]
8 Nov 2009, 1:03 pm by Raymond Nimmer
Issues about first sale or fair use almost never arise where the reseller sells only one item. [read post]
4 Mar 2019, 5:08 am by Kevin
Probably not, considering the four fair-use factors. [read post]
6 Mar 2023, 2:02 pm by Thomas James
Prutton asserted two defenses: fair use and unclean hands. [read post]
15 Feb 2012, 7:23 am by Andrew Lahser, Patent Attorney
For example, since you are making money with your service, this fact may weigh against a finding of fair use or nominative use. [read post]
13 Sep 2017, 6:00 am by Jonathan Bailey
In July both sides had oral arguments in the case with Moppet arguing that the books were a fair use. [read post]
15 Dec 2015, 7:50 am by Duets Guest Blogger
Fair use can be established whenever a mark is used descriptively in good faith: In evaluating a defendant’s fair use defense, a court must consider whether the defendant has used the mark: (1) in its descriptive sense; and (2) in good faith. . . . [read post]
5 Mar 2018, 4:30 am by Aron Laszlo
However, it did not base this on absence of likelihood of confusion, but on the fair use provisions protecting descriptive use. [read post]
27 Aug 2024, 9:20 am by Race to the Bottom
They OpenAI argues that ChatGPT does not replace a subscription to The New York Times and that their its use of copyrighted material that is publicly available on the internet is protected under the doctrine of fair use. [read post]
17 Mar 2010, 11:15 am by Kevin Smith
  The reason is that, first, even well constructed fair use arguments do not always win in court and, second, that defending a fair use case is very expensive even when the defendant is successful. [read post]
Fair use is an affirmative defense against a copyright infringement claim. [read post]
11 Mar 2009, 11:03 am
 Perhaps she is thinking of Wendy Gordon's article, Fair Use as Market Failure. [read post]
25 Aug 2010, 6:00 pm by Gordon Firemark
In this Episode: Follow Ups:  Justin Bieber; Tenenbaum, Kate Plus 8 Fleeting Expletives JayZ wins A few Fair Use cases Copyrights, Trademark cases Some BIG wins for plaintiffs in profit participation suits. [read post]
10 Feb 2014, 12:10 pm by Matthew David Brozik
Fair use is a doctrine that permits use of copyrighted material in a parodical work without permission from the rights holder. [read post]
6 Jun 2016, 8:16 am by Michael Geist
Canada’s fair dealing approach is more flexible than the current Australian law, but remains more restrictive than the fair use model found in the U.S. and recommended in the report. [read post]