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9 Aug 2019, 11:34 am by Rebecca Tushnet
  The court goes to classic nominative fair use. [read post]
4 Apr 2014, 3:04 pm by Rebecca Tushnet
Irrational penalties deter people with valid fair use claims from pursuing them, even when EFF is willing to take the case. [read post]
4 Apr 2014, 12:03 pm by Rebecca Tushnet
Fair use parodies: we don’t think licensing will work well. [read post]
19 Jan 2018, 5:00 am by Anonymous
In response to concerns about asymmetrical fair use norms between jurisdictions, Sheffner asserted that the MPAA does not seek injunctions against online intermediaries in “close” copyright cases, meaning those in which fair use would be a colorable defense in the jurisdictions that recognize it. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
  Research calls evidentiary presumptions into question; rationales for copyright term extension; parody/satire distinction in fair use cases; market harm calculation in fair use cases. [read post]
4 Aug 2021, 11:49 am by Rebecca Tushnet
EFF doesn’t want fair use cases in the system; MPAA does. [read post]
23 Aug 2019, 10:55 am by Rebecca Tushnet
  Almost astoundingly for a court in the Second Circuit, the court dismissed the trademark infringement claims as nominative fair use. [read post]
29 May 2015, 7:13 am by Rebecca Tushnet
 Sellars: let’s point out that extracting data is fair use/noninfringing use—copy made to perform extraction in house is fair use. [read post]
21 May 2015, 8:47 am by Rebecca Tushnet
  At least five other circuits use this element to protect all noncommercial uses of marks against liability, though the Second Circuit doesn’t. [read post]
26 Sep 2015, 9:16 am by Rebecca Tushnet
 Notice costs are resources used to impart ownership information. [read post]
23 Jan 2024, 11:32 am by Camilla Hrdy
  On how copyright fair use doctrine will apply to AI training: Pam Samuelson gives a summary of on-point fair use cases that might be applied in asking whether training on copyrighted works is fair use, giving arguments for both sides. [read post]
29 Dec 2017, 7:34 am by Ben
Again in the US, the Second Circuit affirmed the January 2016 order of Judge Furman of the Southern District of New York (SDNY), which had found that the use of the Louis Vuitton logo and the representation of the Louis Vuitton bags on fabric totes (pictured) with one side representing a somewhat cartoonish rendition of a famous luxury bag, while the other side read “My Other Bag is…” with the Louis Vuitton ‘LV’ logo replaced by the initials… [read post]
12 May 2014, 4:20 am by Terry Hart
The jury found that, presuming the API packages were copyrightable, Google had infringed, but it was unable to reach a verdict on fair use. [read post]
9 Mar 2010, 1:32 pm by Rebecca Tushnet
Some are clearly infringing, and others have a fair use defense. [read post]
24 Feb 2011, 9:36 am by StartUpAdmin
Driscoll | 2.22.2011 Businesses that are involved in digital media use music in many ways—and most require some sort of license to make the use legal. [read post]
29 Apr 2023, 7:13 am by Eric Goldman
Klein * 9th Circuit Sides With Fair Use in Dancing Baby Takedown Case–Lenz v. [read post]