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21 May 2015, 2:54 pm by Jonathan Bailey
Prince, however, argued that the use was a fair use and was allowed under the law. [read post]
27 Jan 2011, 3:03 pm
I have some real concerns about that:- • First, the differences between the USfair use’ exception and the various exceptions in UK copyright law are more apparent than real – compare US cases on ‘fair use’ for commentary and criticism with UK cases on the ‘fair dealing’ exception for criticism and review. [read post]
2 Feb 2015, 9:29 am by Terry Hart
As the Federal Circuit correctly observed, “Google’s interoperability arguments are only relevant, if at all, to fair use. [read post]
11 Aug 2021, 11:41 am by Jeffrey Neuburger
As to the fair use issue, the court recognized that the “use of a copyrighted photograph in a news article can properly be deemed transformative where the photograph itself is the subject of the story,” but found that the remaining fair use factors could not be resolved at this early stage of the litigation. [read post]
15 Dec 2016, 8:21 am by Scott Hervey
  The determination of fair use is a balancing test that requires the Court to weigh numerous factors. [read post]
27 Jul 2009, 12:00 am
 First, it is possible that the defendants will raise the defense of nominative fair use, which I’ve blogged about before here. [read post]
4 Dec 2017, 7:30 am by Jonathan Bailey
That The Copying is An Infringement: Finally, he must prove that the use was not a fair use. [read post]
8 Oct 2020, 10:46 am by Eric Goldman
Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v. [read post]
21 Apr 2010, 8:56 am by Andrew Moshirnia
The fair use defense looks to the purpose and character of the use, the nature of the work itself, the amount of the work used, and the effect of the use on the market value of the work. 17 U.S.C. [read post]
11 Jan 2012, 7:00 am by Kevin Smith, J.D.
  Fair use, they note, is very fact specific and depends on both a minute analysis of the particular circumstances and a thorough knowledge of judicial precedent, which is where courts learn how to understand a situation through the prism of the fair use factors. [read post]
24 Jul 2009, 3:58 pm
He urged the government to stop pandering to lobbyist groups and instead to protect people’s freedoms and expand on fair use. 5). [read post]
25 Mar 2023, 1:47 pm by Lauren Aversa
A good copyright lawyer will also recognize if the copyright infringer could rely upon a “fair use” defense to assert that the alleged infringing use was fair use. [read post]
2 Oct 2008, 4:17 pm
Relying on fair use is risky at best. [read post]
3 Aug 2015, 10:53 am by Eric Goldman
” However, in a tautological nod to descriptive fair use, the defendants could “continue to use the term ‘meth lab cleanup’ to generally describe the nature of services offered by Spaulding Decon, subject to the limitation, and that such use is not an intellectual property infringement. [read post]
9 Feb 2014, 5:30 am by Barry Sookman
http://t.co/OGWFPRwE3b -> Hearing on The Scope of Fair Use http://t.co/cgfsadOJqQ -> Tech 10 Outspend MPAA on Lobbying 30:1 http://t.co/9e6xG5IJGy -> CAFC finds eCommerce app obvious IN RE CHAGANTI, Court of Appeals, Federal Circuit 2014http://t.co/qPtuYa3YZ5 -> US court awards $167k damages for willful copyright infringement of photos TYLOR v. [read post]
11 Nov 2022, 9:06 pm by Elizabeth Yin
Thus, some scholars propose incorporating a fair use exception into algorithms. [read post]
16 Feb 2010, 5:45 am by Shamnad Basheer
And when it does so, it is likely to win, as the Indian "fair use" provision is worryingly narrower than the US version.I highlight this controversy in a recent editorial in the Indian Express (IE). [read post]
8 Jan 2011, 4:10 am by SHG
While the author claims that the “comment and criticism” aspect of “fair use” entitles him to intentionally copy the entire article from behind the Legal Intelligencer’s paywall and reproduce it on your site, such wholesale copying is, as you surely know, not consistent with fair use. [read post]
24 Sep 2013, 8:00 am by Nerds in Court
  She first provides a copyright infringement analysis, followed by a fair use assessment. [read post]
4 Dec 2013, 10:49 am by Terry Hart
The jury found that (assuming the code was copyrightable) Google had infringed the 37 Java API packages but deadlocked on the fair use question. [read post]