Search for: ""fair use""
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20 Mar 2013, 7:15 pm
But making works accessible to people with disabilities is arguably exempt from copyright law under the fair use doctrine and other laws like the Chafee Amendment to the Copyright Act. [read post]
20 Mar 2013, 8:46 am
In the context of fair use, for example, isn’t one of the main challenges of the digital age the fact that things that were assumed to be fair use in the pre-digital world (making a mixed tape, for example) are not so clearly a fair use in the peer-to-peer file sharing context. [read post]
20 Mar 2013, 6:42 am
If museum display is fair use, is bookseller display? [read post]
20 Mar 2013, 4:00 am
Would that be a factor in the analysis of the fair dealing/fair use issues? [read post]
19 Mar 2013, 10:30 am
Cf. id., at 16–20, 28 (discussinglimitations of potential defenses, including the fair use and archival exceptions, §§107–108). [read post]
19 Mar 2013, 10:23 am
If indeed this could possibly be described as an “infringement,” the trademark claim would still fail by virtue of the failure of the complaint to allege a likelihood of confusion, and are amenable to the defenses of fair use, license and waiver. [read post]
19 Mar 2013, 5:19 am
I’d argue that both the First Amendment and conflict preemption allow the expressive use of public domain images on T-shirts, and then that the First Amendment/nominative fair use allow the hang tags, but by not noticing that the infringement of “persona” here comes by way of reproducing an expressive work, the court skips over the niceties entirely.) [read post]
18 Mar 2013, 12:36 pm
Given that Wilson is time-travelling back to 1920s Paris at the time he makes the statement, it’s more a reflection of his actual condition (i.e., the past is not past because he’s currently living in the past) than a comment on Faulkner’s line of dialogue [read post]
18 Mar 2013, 12:36 pm
This Faulkner Goes Folksy On Fair Use appeared first on Who Is Your Lawyer? [read post]
18 Mar 2013, 11:42 am
The Court, in its ruling expressed skepticism over the plaintiff’s position, and conducted the usual fair use analysis Four Fair Use Factors: Purpose and Character of the alleged infringing use. [read post]
18 Mar 2013, 3:12 am
The letter collectively issues a request to the publishing houses to withdraw the suit for injunction and damages, as in their opinion, the ‘course-packs’ prepared by D.U. fall firmly within the ambit of statutory exceptions to copyright infringement (‘fair use’), being covered under Section 52 of the Indian Copyright Act, 1957. [read post]
16 Mar 2013, 3:24 pm
Thinking about it in those terms might change the 1A valence of some aspects—basic rule against copying v. idea/expression or fair use. [read post]
16 Mar 2013, 12:31 pm
A: we have a best practices statement with which we ask authors to comply; we have a liberal view of fair use and are confident in our ability to gauge what counts as fair use in any particular text. [read post]
15 Mar 2013, 1:52 pm
Chilling Effects tracks notices; his experience has been that even aggressive rights owners wanted to do the right thing and not go after fair use; wanted to find distributors. [read post]
15 Mar 2013, 1:06 pm
His experience was that it was a fair process. [read post]
15 Mar 2013, 10:54 am
Corynne McSherry, Electronic Frontier Foundation Impact of 1201 on fair use, innovation and competition. [read post]
14 Mar 2013, 3:18 pm
It involves only used handsets. [read post]
14 Mar 2013, 10:05 am
Of special interest: “Buying for the Home—an advertiser’s purchase of trademarked keyword was a trademark use in commerce, but in a counterclaim, the plaintiff’s purchase of the defendant’s keyword was excused as nominative fair use. [read post]
14 Mar 2013, 3:42 am
Email sent by Raju Ramachandran, a leading senior counsel and “suit author” who has opined that the creation and distribution of course packs for educational purposes is clearly covered by the copyright fair use and educational exception [wherein he’s stated, “I am of the clear view that photocopying of the essay for educational use would be 'fair use' and would also fall under the educational exception in our copyright law. [read post]
12 Mar 2013, 5:49 am
Koons) in which appropriation artist Jeff Koons' use of a copy of a fashion photograph was found to be fair use: the court deferred to Koons' own account of his reasons for using the photo—and by "[s]hifting to a particular expert, the artist himself, the court left the structure of expertise intact." [read post]
