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22 Oct 2012, 3:21 pm by Ken
It looks like a good IP matter with some fair use issues and some potentially interesting laches and waiver arguments. [read post]
22 Oct 2012, 9:59 am by Andrew Mirsky
  As noted, a commercial use can qualify as a fair use, but will require other supportive fair use arguments. [read post]
22 Oct 2012, 6:00 am by The Dear Rich Staff
These people don't expect Disney will learn of their use and (like you) they may have a decent fair use defense as backup. [read post]
19 Oct 2012, 11:36 pm
The chapter thereafter contains a deep and careful analysis of some of the most important questions in Indian copyright law today: copyrightability, in light of the Supreme Court’s decision in EBC v Modak (2008) 1 SCC 1 (p 291 et seq, see in particular the author’s analysis of the American and Canadian law at p 296); tests for determining infringement (p 307 et seq); the nature of a cinematograph film copyright (p 328) and the fair use defence. [read post]
18 Oct 2012, 1:15 am by war
More importantly, the Champagne Heidsieck[2] principle can be seen as an emanation of what US trade mark lawyers call “nominative use” or “nominative fair use”: one did not use a trade mark as a trade mark by using it to identify the goods or services marked with the trade mark by the trade mark owner. [read post]
17 Oct 2012, 8:34 am by Marie Louise
  Highlights this week included: CAFC reverses Nexus injunction for lack of a nexus and doubts about infringement: Apple v Samsung (FOSS Patents) (Ars Technica) (Patently-O) SD New York: Digitizing books is fair use: Authors Guild v HathiTrust [...] [read post]
17 Oct 2012, 6:00 am by The Dear Rich Staff
We think that literary publication of your story may be possible under fair use/free speech rights but beware that some uses of characters in literary ventures have been successfully blocked. [read post]
15 Oct 2012, 6:00 am by The Dear Rich Staff
You may be able to defend your activities depending on the fair use factors. [read post]
12 Oct 2012, 11:36 am by Ashley
  The Authors Guild claimed that creating digital copies of copyrighted works infringed the authors’ copyright, because no permission was sought from the copyright holders, and that such wide-scale distribution (as is afforded by digital access) overstepped the allowances provided for in the Copyright Act’s fair use provisions. [read post]
11 Oct 2012, 6:00 am by The Dear Rich Staff
I read at the Stanford Library Fair Use site that nonfiction books fall under "informational use" rather than "commercial use. [read post]
” The counterclaim alleges that “[m]arkets served inefficiently by an overwhelmingly dominant participant like craigslist are entitled to ‘liberation’ from anti-consumer inefficiencies, obstructions of fair use, and a range of other consumer-hostile behaviors that impede access to public information. [read post]
11 Oct 2012, 5:43 am
  A search index and access for the print-disabled are both fair uses. [read post]
11 Oct 2012, 2:35 am by Kevin Smith, J.D.
Finally, the Court found that the issue of market harm did not undermine fair use. [read post]
8 Oct 2012, 7:19 pm by Eric Osterberg
I am concerned that both patent and copyright protection, though particularly the former, may be excessive. via www.becker-posner-blog.com I disagree with the author regarding fair use. [read post]
3 Oct 2012, 6:00 am by The Dear Rich Staff
In that case, a court rejected a fair use defense.Even if we're wrong and you could manage to prevail under a fair use argument, it's unlikely that you could afford the court battle to prove that defense. [read post]
3 Oct 2012, 1:42 am by war
On copyright, Judge Posner is particularly concerned about the term of protection: currently (i.e., until Mickey Mouse next nears expiry) 70 years after the death of the author(s) for published works and the very restrictive approach to “fair use”. [read post]
2 Oct 2012, 9:09 am by Sarah Tran
As Fairfield indicates, the diminished availability of the fair use defense in virtual worlds emphasizes the importance of requesting game-god permission to use bots or scrapers. [read post]