Search for: ""fair use""
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7 Mar 2012, 9:00 am
"Every court is different and fair use is a matter of discretion and balancing," he said. [read post]
7 Mar 2012, 4:00 am
“It is” (the majority pointed out) by now well established that PPC parking pages built around a trademark (as contrasted with PPC pages built around a dictionary word and used only in connection with the generic or merely descriptive meaning of the word) do not constitute a bona fide offering of goods or services pursuant to paragraph 4(c)(i) of the Policy, nor do they constitute a legitimate non-commercial or fair use pursuant to paragraph 4(c)(iii). [read post]
6 Mar 2012, 3:54 pm
I, for one, am offended that the Center for Information Technology Policy here at Princeton has not received any Cease & Desist letters accusing us of "egregious action [that] is not only a serious willful infringement" of fashion trademarks, but "may also may mislead others into thinking that this type of unlawful behavior is somehow 'legal' or constitutes 'fair use'. [read post]
6 Mar 2012, 1:34 pm
We’ve all watched videos on YouTube, and maybe some of us have uploaded our own videos to the ubiquitous service in the hopes of becoming, at the very least, Internet famous. [read post]
6 Mar 2012, 10:50 am
For a very short, lucid and readable (by lawyers and non-lawyers alike) analysis of the state of the law on fair use in the USA, see Patricia Aufderheide and Peter Jaszi, Reclaiming Fair Use (2011) available on Amazon for immediate shipment. [read post]
6 Mar 2012, 9:11 am
Rather than recapitulating the entire fair use argument, I want to focus on how one particular element of the fair use defense—factor four—has played out in this dialogue. [read post]
6 Mar 2012, 8:12 am
While the USPTO has taken the position that copies submitted to the USPTO fall within the "fair use" exception to copyright infringement, it took no position with regard to copies made for clients or a firm's internal use. [read post]
6 Mar 2012, 7:54 am
I, for one, am offended that the Center for Information Technology Policy here at Princeton has not received any Cease & Desist letters accusing us of “egregious action [that] is not only a serious willful infringement” of fashion trademarks, but “may also may mislead others into thinking that this type of unlawful behavior is somehow ‘legal’ or constitutes ‘fair use’. [read post]
6 Mar 2012, 6:20 am
Lawyers for the luxury firm fired off a cease-and-desist letter, but the Penn law department declined to comply, a stance that Eugene Volokh finds persuasive: ” I think the use of the marks can’t qualify as dilution, is unlikely to confuse, and is likely to be a fair use in any event. [read post]
5 Mar 2012, 11:34 am
Fair use is different. [read post]
5 Mar 2012, 11:31 am
Finally, the artwork clearly constitutes a fair use. [read post]
5 Mar 2012, 10:12 am
Perfect 10, an Internet pornography company, had filed suit against Google alleging that Google’s generation of thumbnails based on illegal copies of Perfect 10s images was illegal however, the lower and Appeals court both ruled in Google’s favor, claiming that the use was a fair use. [read post]
4 Mar 2012, 11:02 pm
We used the NLRB’s recent social media memorandum discussing 14 cases as a guideline. [read post]
4 Mar 2012, 6:13 pm
Instead of copyright fees negotiated between author and publisher and therefore dependent on restricting access to the work (and so Google cannot allow access to entire copyrighted works in its vast digital library except to the limited extent permitted by the doctrine of “fair use” or by negotiation with the owners of the copyrights on those works for a copyright license), there could be a modest uniform fee imposed whenever someone, whether a consumer or an e-book… [read post]
3 Mar 2012, 11:44 am
The Penn response strikes me as quite persuasive — I think the use of the marks can’t qualify as dilution, is unlikely to confuse, and is likely to be a fair use in any event, for much the same reasons that the Penn letter gives. [read post]
2 Mar 2012, 3:19 pm
There are also fair use exceptions for parodies, etc. [read post]
2 Mar 2012, 10:17 am
Fair competition; limited when it impedes rather than promotes competition. [read post]
2 Mar 2012, 9:34 am
Earlier this year, the US Patent Office issued a memo indicating its belief that copying and submitting copyrighted documents should be considered a non-actionable fair use. [read post]
2 Mar 2012, 8:17 am
The jiplp weblog carries a crisp, clear account by Peter Jabaly of the US decision in Air-Freshner v Paul Getty and the limited utility of fair use defences in trade mark infringement proceedings. [read post]
2 Mar 2012, 8:14 am
In this case, the District Court found that even if there were likelihood of confusion in this case (which they did not find), the defendant had adequate defenses based on Artistic Expression, the First Amendment, and Fair Use. [read post]
