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10 Aug 2015, 3:13 pm by Mitch Stoltz
But they come with important safeguards: explicit limitations like fair use, and statutory licenses that avoid the massive transaction costs that would come with having to negotiate with each rightsholder individually. [read post]
30 Nov 2015, 3:34 am
.* YouTube to defend clear examples of fair use, even in courtYouTube to litigate copyright infringement/fair use actions on behalf of users harassed by subject to inappropriate DMCA takedown requests? [read post]
23 Nov 2015, 7:40 am by Annemarie Bridy
The court held that a notice sender cannot form and attest to having a good faith belief that material is infringing without having first considered whether unauthorized use of the material was lawful as fair use or under some other copyright limitation. [read post]
20 Jan 2015, 9:30 pm by John Ottaviani
Aereo --- Not a fair use case, but a corollary of the “Don’t build a business model based on fair use” theorem. [read post]
9 Feb 2015, 9:54 am by Jeremy Malcolm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade AgreementsShare this:   ||  Join EFF [read post]
14 Mar 2024, 10:37 am by Rebecca Tushnet
Nominative fair use: Earth, Wind & Fire wasn’t readily identifiable without use of its name. [read post]
17 Mar 2020, 12:00 am by Chijioke Okorie
Several university library copyright specialists across the US have issued a Public Statement on “Fair Use & Emergency Remote Teaching & Research”. [read post]
22 Jan 2015, 1:22 pm by Maira Sutton
If private industry has their way, fair use and the public domain will forever remain an afterthought in our debates about copyright policy. [read post]
13 May 2016, 11:49 am by Ernesto Falcon
Teixeira's use of the videos to criticize the mayor was a fair use. [read post]
3 Aug 2017, 4:30 am by Ben
Judge Nannette Jolivette didn't t agree with Barre's argument that the fair use doctrine doesn't apply to the digital sampling of a sound recording. [read post]
1 Apr 2015, 7:53 am
They were unanimous in finding that the judge had fallen into error by only considering the likelihood of confusion with respect to the actual use made of the trade mark by the claimant and not with the notional and fair use of the mark across the breadth of the specification (even once partially revoked). [read post]
29 Mar 2014, 6:38 am
This Kat reverted to the most precious book in her own personal library, ie Patry on Fair Use, to see what the long-established US experience in addressing issues of parody & fair usetells us in this respect. [read post]
25 Oct 2019, 2:00 am
” Like the fair use exceptions in Uganda, US, Israel and South Africa’s Copyright Amendment Bill and the fair dealing exceptions in Canada, the Model Law stipulates factors that are to be considered in determining whether the use made of a work in any particular case is fair. [read post]
8 Nov 2022, 3:32 pm by Katharine Trendacosta
In practice, this would happen regularly even for fair use content, as a human would likely have to review it. [read post]
3 Apr 2023, 2:40 am by Chijioke Okorie
Given the similarity between the fair dealing provision in the new Act and the fair use exception US Copyright Act, it will also be useful to draw from the Code of best practices in fair use for academic and research libraries prepared by the Association of Research Libraries (ARL), American University Center for Social Media (AUSOC) and Program on Information Justice and Intellectual Property (PIJIP). [read post]
25 Jul 2024, 1:16 pm by Rebecca Tushnet
” Most notably, “the third element of the nominative fair use defenses requires that the use of the trademark not create a likelihood of confusion as to the mark-holder’s sponsorship, endorsement, or affiliation ... the existence of [which] necessitates focusing on ‘the minds of the relevant purchasers—an analysis based on a factual inquiry inappropriate to a motion to dismiss. [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]
13 Aug 2010, 6:45 am by Rebecca Tushnet
Does fair use favor the underdog? [read post]