Search for: ""fair use""
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13 Aug 2006, 8:12 am
Copyright effects us all – just because you call it “fair use” — doesn’t make it so. [read post]
30 Apr 2011, 6:37 pm
As evidence of the term’s genericness, Amazon points to a quotation from Apple’s Steve Jobs, in which he said that Apple’s app store is “the easiest-to-use, largest app store in the world…” In order to show that Apple’s claim is barred by the doctrine of fair use, Amazon must show that its service was not readily identifiable by another term, or that the term was used only to describe its service, rather than as an… [read post]
26 Jul 2010, 8:47 am
Jailbreaking, the EFF maintained, constitutes fair use of the firmware tied to the operating system. [read post]
27 Dec 2012, 3:00 am
Such a buffer zone establishes a zone of litigation-based (not legal-based, litigation-based) early warning triggers around the real rights, such that any purported infringer of the trademark – even a party making a protected fair use of the . . . [read post]
22 Oct 2018, 5:30 am
Goldsmith says she licensed the photo to Vanity Fair for a one-time use as an artist reference for an illustration, and that’s how the photograph ended up in the hands of Pop Art pioneer Andy Warhol. [read post]
5 Oct 2011, 5:51 pm
I will leave it to my colleague, Rebecca Tushnet (who will be summarizing the Golan argument on this blog) to discuss the prospects of a fair-use defense in the hypothetical case where Congress provides a copyright to the descendents of Francis Scott Key and they proceed to sue Hendrix’s descendants — or Marvin Gaye’s, or Jose Feliciano – for copyright infringement. [read post]
23 Sep 2010, 9:59 pm
U.S. law contains a flexible fair use provision that covers everything from recording television shows to making backup copies. [read post]
30 Jan 2012, 3:40 am
A fair use defense can be used when a descriptive mark is used, in good faith, for its primary meaning, and no consumer confusion is likely to result. [read post]
13 Mar 2023, 9:58 am
Non-commercial use may support a fair use argument, but it is not definitive. [read post]
10 Dec 2011, 3:03 pm
Courts would inevitably try to mitigate the harsh effects of this regime, probably by finding most such incidents to be fair use. [read post]
20 Jun 2017, 6:00 am
The case made it before the Ninth Circuit, which agreed with Lenz that rightsholders should be forced to consider fair use before sending a DMCA notice. [read post]
2 Sep 2015, 7:18 am
I presume a fair use argument would have been apropos as well, but the court didn’t discuss it. [read post]
17 May 2010, 7:10 am
The Panel finds that Respondent’s use of the and domain names to display third-party links to competitors of Complainant is not a use in connection with a bona fide offering of goods or services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii). [read post]
24 Dec 2008, 3:39 pm
In addition, the cutting and pasting of portions of books will create a whole new set of questions regarding fair use. [read post]
21 Aug 2009, 8:30 am
This seems likely as there would be a strong fair use argument for the photograph, especially if the rightsholders to the original image were the ones filing. [read post]
26 Mar 2018, 1:10 pm
And then there’s the “fair use” argument. [read post]
6 Aug 2009, 7:11 am
A couple of points struck me in the section of the brief addressing fair use that I would like to highlight. [read post]
25 Sep 2007, 2:39 pm
For a copyright and trademark owner, parody fair use is one thing, but an uncritical hommage or mere reference to a famous work is something else. [read post]
26 Jul 2010, 11:23 am
Indeed, this exception comes close to allowing circumvention (of one type of media) for most fair uses, although it does not quite get us to that point. [read post]
17 Oct 2008, 1:48 pm
Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored. [read post]
