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8 Feb 2012, 4:49 am
It is mostly about intellectual property in general, about the scope of copyright exceptions and limitations and about the frustrating uncertainty of copyright law, which has not been able to precisely define what is a copyright work and what constitutes fair use. [read post]
8 Feb 2012, 4:00 am
The Court then explained that the reference to the “traditional contours” in Eldred referred to only the idea/expression dichotomy and the fair use defense, i.e., the free speech accommodations that are built-in to copyright law. [read post]
7 Feb 2012, 2:55 am
See also the US version of the “fair use industries” from last year: More Bunk From the CCIA: What Do Derek Jeter, Tom Adams and Ari Emmanuel Have In Common? [read post]
6 Feb 2012, 8:08 pm
Nominative fair use for some or all? [read post]
6 Feb 2012, 3:00 pm
Regulating when a Twilight spoof on YouTube crosses the line from fair use to infringement is a worthy goal, and pursuing clearer lines and easier enforcement rules are goals for which content producers can hardly be begrudged. [read post]
6 Feb 2012, 4:00 am
”9 The second, known as the fair use defense,10 “allows the public to use not only facts and ideas contained in a copyrighted work, but also expression itself in certain circumstances. [read post]
6 Feb 2012, 12:30 am
The absence of fair use creates a competitive disadvantage for innovative Canadian businesses, who may decide to set up shop elsewhere as a result. [read post]
5 Feb 2012, 8:19 pm
Professors Patricia Aufderheide and Peter Jazsi have recently reminded us that fair use is like a muscle; unused, it atrophies, while exercise makes it grow. [read post]
4 Feb 2012, 1:12 pm
In the end, I’m skeptical that the question of nominative fair use of the words SUPER BOWL in an ad published by a non-NFL sponsor will ever be litigated to conclusion or decided by a court, unless the cost of the defense is on someone else’s dime. [read post]
3 Feb 2012, 8:59 pm
ReDigi is also making a quiver's worth of arguments about fair use (when users upload files that they then stream back to themselves), public performance (too painfuly technical to get into on a general-interest blog), and the responsibility of intermediaries for infringements initiated by users. [read post]
3 Feb 2012, 1:38 pm
., the idea-expression distinction and fair use. [read post]
3 Feb 2012, 1:30 am
Tourists' Tweets (Not A DHS Twitter Search Alert) http://t.co/9bevtjRf # Regions says employee 401k data lost when auditor Ernst & Young mailed flash drive and code key together http://t.co/DuLLy0Up # Fair use, the DMCA, and presidential politics – The 2012 presidential election cycle is already giving internet law … http://t.co/ouUzxt8M # Obama Talks Drones And Wedding Anniversary Plans In First Presidential Google+ Hang-Out http://t.co/UxFUEhP0 # Getting… [read post]
2 Feb 2012, 3:01 pm
The Court acknowledged that “some restriction on expression is the inherent and intended effect of every grant of copyright,” before concluding that “built-in First Amendment accommodations” such as the “idea/expression dichotomy” and “fair use” defense adequately protected Petitioners’ free speech rights. [read post]
2 Feb 2012, 2:30 pm
While some defenses such as fair use may be available, some medical professionals, or even the hospitals or companies that employ these professionals may not want to assume the risk. [read post]
2 Feb 2012, 10:42 am
McCain filed a motion to dismiss, citing the fair use doctrine. [read post]
2 Feb 2012, 8:42 am
So the use of the news item does seem like fair use. [read post]
2 Feb 2012, 8:06 am
Eriq Gardner Does this lawsuit threaten cloud storage, space shifting, fair use, and the future of the Internet? [read post]
2 Feb 2012, 6:00 am
As we mentioned last February, unauthorized reproductions are infringements unless excused by a defense such as fair use. [read post]
1 Feb 2012, 8:13 pm
In their recent book Reclaiming Fair Use, Pat Aufderheide and Peter Jaszi warn that when we refrain from exercising our fair use rights, and act as if those rights do not exist, we help create a culture in which fair use loses ground to overly aggressive copyright enforcement. [read post]
1 Feb 2012, 1:00 pm
EA is seeking a declaratory judgment allowing them to depict the three aircraft (the AH-1Z Viper, the UH-1Y transport helicopter, and the V-22 Osprey) on Fair Use and First Amendment grounds. [read post]
