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28 May 2012, 12:02 am by Steve Baird
And, now that brands commonly appear in all lower case style, does that impact what might otherwise be a strong fair use defense for Bath & Body Works? [read post]
25 May 2012, 12:16 pm by David Kravets
In the early 1980s, the Supreme Court ruled Americans have the fair use right to time-shift lawfully obtained content for later viewing. [read post]
25 May 2012, 9:19 am
The concept of "fair use" allows others to use copyrighted materials without being liable for infringement. [read post]
24 May 2012, 3:40 pm by John Whitaker
 Given the complexities of the fair use analysis, I don’t envy the judge’s job. [read post]
24 May 2012, 11:19 am by Marty Schwimmer
After a trial, a 350-page decision has just been released and it is interesting in that it delivers a bright-line rule for what constitutes fair use – for books of nine or fewer chapters, fair use is use of 10% of the total page count or less; for books of ten chapters or more, the fair use threshold is use of less than a single chapter. [read post]
24 May 2012, 6:56 am by Michael Haggerson
However, the jury split [JURIST report] on the copyright phase of the trial over whether Google's use could be considered "fair use. [read post]
24 May 2012, 6:26 am by Marty Schwimmer
Background here. decision swatch bloomberg fair usevar docstoc_docid="121267077";var docstoc_title="decision swatch bloomberg fair use";var docstoc_urltitle="decision swatch bloomberg fair use"; [read post]
23 May 2012, 9:19 pm by Michael Geist
Add public domain works, fair dealing, hundreds of millions spent on textbooks, and pay-per-use licences for the remaining works and an Access Copyright licence simply becomes unnecessary. 2. [read post]
23 May 2012, 11:36 am by Sheldon Toplitt
Although acknowledging Bloomberg made a commercial use of the Swatch conference call, the Court said its use "served an important public interest in disseminating business-related information promptly and fully. [read post]
22 May 2012, 10:00 pm
  Fair Use Disclaimer: This video is posted under the Fair Use Doctrine codified in Title 17 of the U.S.C. [read post]
22 May 2012, 9:18 pm by uwlegalscholarship
Topics include Section 115 of the Copyright Act, fair use, politics and the evolution of digital media, the “View from the Copyright Office” presentation, and “Recent Developments in Copyright Law. [read post]
22 May 2012, 6:56 am by Jim Singer
What amount is “small enough” to qualify as fair use? [read post]
22 May 2012, 4:57 am by Kevin Smith, J.D.
  Ten percent of a work was acceptable as fair use if the book had fewer than 10 chapters, and a single chapter was considered fair use for books that contained 10 or more chapters. [read post]
21 May 2012, 8:19 pm by Donn Zaretsky
"  And he didn't seem at all moved by the argument that Prince "stole" Cariou's work:  "That's the whole nature of art," he said.Judge Wallace, sitting by designation from the Ninth Circuit, was most concerned with the question whether the fair use analysis must be applied on a work-by-work basis or, instead, could be done at the level of the series as a whole. [read post]
21 May 2012, 7:14 am by Sarah Tran
If fair use and other statutory provisions cannot be substantially modified to implement a meaningful harm requirement, the First Amendment can offer guidance on how to reign in copyright law. [read post]
21 May 2012, 6:53 am by Rebecca Tushnet
  Thus, NACA wasn’t required to plead any use of its registered or unregistered marks. [read post]
20 May 2012, 12:41 pm by zimmermansguide
I brushed up on my copyright basics this weekend and then added the primers and fair use checklists I found most useful to the “Laws and Regulations” section of the Copyrights entry. [read post]
18 May 2012, 12:10 pm by WIRED
The issue isn't whether they have a fair-use right to the material, but whether they can utilize decrypting tools to make the best reproduction for film-making purposes. [read post]
17 May 2012, 6:56 pm by David Kravets
The issue isn’t whether they have a fair-use right to the material, but whether they can utilize decrypting tools to make the best reproduction for filmmaking purposes. [read post]
17 May 2012, 2:51 pm by David Kravets
But when it came to leaving intact the office’s 2010 decision authorizing smartphone jailbreaking — to acquire root access to the phone — the regulators appeared to believe phone users have a fair use right to do so, to enable them to run apps of their choice. “Developers need the access to produce better-quality applications. [read post]