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17 May 2012, 12:55 pm
It's possible, though doubtful, that some over-caffeinated general counsel may send a cease and desist claim but nowadays most media-savvy companies shy away from overzealous pursuit of iffy copyright claims (especially claims like these that may be excused by fair use). [read post]
17 May 2012, 11:58 am
James Grimmelmann has a post highlighting what may be the biggest lesson from the case (I know, the fair use stuff is important too, but the inability to prove ownership of digital rights is highly relevant to fair use as well): a lot of times the publishers couldn't prove they actually owned the stuff in which they were claiming rights. [read post]
17 May 2012, 7:52 am
The judge separated the case into copyright and patent trials and the jury returned a partial verdict in the copyright portion last week, ruling that Google infringed but was deadlocked on the issue of fair use. [read post]
17 May 2012, 5:00 am
I’m going to talk about how fair use works and I’m going to tell a story about how an independent artist was able to create a Wizard of Oz decorative plate and copyright it. [read post]
17 May 2012, 12:15 am
This Note will explore these difficulties, such as the government works issue, potential fair use or fair dealing defenses, as well as various non-legal obstacles to success, eventually reaching the conclusion that prosecuting WikiLeaks internationally for copyright violations is potentially more viable than any of the methods of criminal prosecution heretofore explored publicly by government attorneys and legal scholars. [read post]
16 May 2012, 8:25 pm
Now the copyright phase is over, with a mixed verdict that found that Google had infringed, but the jury couldn't agree about whether Google was protected by fair use or not.Read more | Comments [read post]
16 May 2012, 6:35 pm
Happy fair use: The future of INTA-Approved Trademark Using! [read post]
16 May 2012, 11:04 am
In the copyright portion, the jury ruled that Google had infringed but was divide don the issue of fair use. [read post]
16 May 2012, 7:14 am
A follow up on yesterday’s post: Safe harbor textbook copying percentages for copyright fair use defense. [read post]
16 May 2012, 6:23 am
For several years Georgia State was involved in litigation over the fair use doctrine. [read post]
16 May 2012, 3:30 am
Because such copying can fall under the rubric of fair use, the law effectively nullifies some consumers’ rights. [read post]
15 May 2012, 8:11 pm
Fair Use (Mostly) Triumphant: Judge Exonerates Campus “E-reserves” :: Cambridge University Press v. [read post]
15 May 2012, 3:08 pm
Gardner had used a black-and-white image from one of Righthaven's own court filings in a news article about the company—textbook fair use—and they came to him seeking statutory damages up of to $150,000. [read post]
15 May 2012, 2:25 pm
Oracle: "Clean Room," "Open Source," "Fair Use" are irrelevant Oracle's lead lawyer, Michael Jacobs, started out by reminding jurors that many of the defenses that would have applied in the copyright phase don't apply in the patent phase. [read post]
15 May 2012, 2:09 pm
Some of the claims were dismissed on the grounds of de minimis copying, others on the ground that plaintiffs could not demonstrate that they were the owners, while the rest were found to be fair use. [read post]
15 May 2012, 11:10 am
Under the fair use doctrine [17 U.S.C. sec. 107], a copyright holder need not consent to publication of his or her material depending on the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole and the effect of the use on the potential market for or value of the copyrighted work.Judge Evans wrote her decision would… [read post]
15 May 2012, 10:41 am
After artist Frank Gaylord won a major case concerning the U.S. [read post]
15 May 2012, 9:32 am
In an earlier appeal, the Federal Circuit concluded that the trial court had erred in finding that the Postal Service's use was protected by fair use and remanded the case for a determination of damages. [read post]
15 May 2012, 8:37 am
The judge split the trial into two parts, one for the copyright issues and one for the patent issues, but, while the jury was able to rule Google had infringed on Oracle’s work, it was deadlocked on the issue of fair use. [read post]
14 May 2012, 11:57 pm
Ariel Katz has an exhaustive, 4,000 word must-read post on the Georgia State University fair use decision and some of the implications for Canadian copyright and the university licensing. [read post]
