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4 Jan 2018, 10:59 am by John Delaney and Aaron Rubin
The Second Circuit’s upcoming decision should provide further guidance on the boundaries of fair use. [read post]
15 Apr 2011, 3:28 pm by Rebecca Tushnet
Fair use is imperfect and uncertain. [read post]
4 Jun 2011, 9:12 am by Rebecca Tushnet
Lastowka: echoed in patent and copyright—you can’t have Mickey Mouse absent fair use. [read post]
18 Apr 2010, 10:01 am by Rebecca Tushnet
TM: descriptive fair use, nominative fair use, functionality, First Amendment/parody, genericide, restrictions on naked licensing/assignments in gross. [read post]
28 Jun 2009, 7:41 am by Andrei Mincov
If this happens, the only way for the defendants to avoid the finding of infringement would be to prove that the use of Catcher constitutes fair use under §107 of the U.S. [read post]
11 Sep 2010, 9:53 am by Tom Casagrande
Sept. 3, 2010), the Ninth Circuit officially defined the equitable defense of acquiescence in a trademark case with the three-part test other circuits have used: (1)the senior user actively represented it would not assert a claim; (2) the delay between the representation and the assertion of the claim was not excusable; and (3) the delay prejudiced the defendant.In the ongoing saga of the copyright-infringing Baltimore Ravens football logo design, the 4th Circuit held that the… [read post]
3 Jul 2017, 3:15 am by Barry Sookman
Computer and Internet Weekly Updates for 2017-07-01 https://t.co/opsvyOEdD1 -> Supreme Court to Rule on Microsoft Privacy Battle https://t.co/7KPqkvpMqL -> US District Court Dismisses Copyright Infringement Suit Against Drake Based on Finding of Fair Use https://t.co/FLNlHlwuBR -> Utah-based VidAngel Relaunches After Six-Month Shutdown – copyright infringement:Aereo or Cablevision? [read post]
1 Dec 2006, 12:57 am
It might helpfully delineate the contours of the somewhat fuzzy "fair use" doctrine. [read post]
9 Sep 2010, 2:31 am by John L. Welch
Rather, consumers would receive the phrase CORPORATE FUEL as a play on actual types of fuel, like jet fuel or diesel fuel.Finally, the Board pointed out that registration of the mark "cannot serve to preclude others from making fair use of the term CORPORATE in describing their services. [read post]
24 Aug 2010, 8:49 am by christopher
We post learned articles on the latest cases, cover the popular news stories with embedded legal issues, and banter back on forth on fair use, net neutrality, and the other issues of the day which we perceive relevant to our core practice. [read post]
10 Oct 2010, 3:24 pm by Daithí
His paper on Digital Rights Management and Fair Use considers recent developments in relation to DRM in the context of the various legal and technical developments that have brought us to the current position, and he argues that modern DRM is network- rather than just content-based. [read post]
15 May 2009, 3:48 pm
We're not sure why you're asking the question, but if you're considering republishing these speeches for purposes of scholarly analysis, criticism or other commentary, the Dear Rich staff feels that it's likely that a fair use defense will protect your U.S. publication. [read post]
25 Jan 2012, 10:47 am by Howard Knopf
Koons.For more on Jeff Koons' various copyright cases, see here - from whence the above images come.The Koons decision is a major and controversial  milestone in the American law of fair use. [read post]
4 Apr 2016, 7:11 am by Ron Coleman
Patry then analyzes one entry, about the accio spell, and concludes, “I haven’t spent a lot of time on the site and so don’t know if there is other material that might be infringing, but I don’t see how a list of spells with this type of commentary is anything other than fair use. [read post]
19 May 2008, 6:59 am
This article provides a more realistic approach: courts should incorporate a motivational inquiry when determining the level of similarity needed to demonstrate non-literal infringement and should also expressly consider creator motivations when analyzing the second and fourth fair use factors. [read post]
12 Sep 2014, 5:30 am by Barry Sookman
Copyright Offices http://t.co/yKrofP9T5D -> Anti-Piracy and Copyright Communication http://t.co/pjSj3HY4WV -> A new home for EU copyright policy http://t.co/iXvidPSjRq -> CJEU waves the stick at Ulmer, allows non-consensual digitisation http://t.co/jcFBZPxMus -> Online Dispute Resolution at UNCITRAL – Some Creativity Needed http://t.co/tSihrOEZvo -> Computer and Internet Law Updates for 2014-09-10: Pole dancing pole trolls rolled and under control: black mar…… [read post]
6 Sep 2007, 1:30 pm
The government had argued in this case, and in related cases, that the only First Amendment review of a copyright act possible was if Congress changed either fair use or erased the idea/expression dichotomy. [read post]
27 Oct 2014, 3:02 pm by Jonathan Bailey
We start off the show with a major, though somewhat obvious, appeals court ruling on fair use, an update on Aereo’s situation and an update on the “New Girl” lawsuit. [read post]
20 Feb 2008, 2:37 pm
” One may be tempted to speculate that the defendant in this case could raise some kind of defense based on fair use of the trademark. [read post]
16 Apr 2009, 8:32 pm
At BNA's "E-Commerce and Tech Law Blog," Thomas O'Toole had a post about that ruling titled "Turnitin.com Lawsuit Yields Rulings on Browsewrap Contracts, Fair Use of Copyrighted Expression. [read post]