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2 Nov 2022, 8:40 am by DONALD SCARINCI
” The Second Circuit concluded that the Prince Series was not “transformative” within the meaning of the first factor of the fair use doctrine. [read post]
4 Feb 2011, 1:22 pm by Rebecca Tushnet
We know well from the DMCA that even people with good fair use claims rarely counternotify to restore the material, and if you think fair use can be tricky, take a look at how hard it is to determine whether content is defamatory or invasive of privacy. [read post]
” Concerning dilution, the Court found that the Ninth Circuit’s view of the “noncommercial use” exclusion effectively nullified “Congress’s express limit on the fair-use exclusion for parody,” further stating, “the fair-use exclusion has its own exclusion: It does not apply when the use is ‘as a designation of source for the person’s own goods or services. [read post]
12 Nov 2015, 6:54 am by Tim Sitzmann
We’ve discussed nominative fair use a few times at DuetsBlog, but the basic issue is whether the defendant is using the mark to identify the actual products or services of the plaintiff. [read post]
30 Aug 2017, 9:05 am by Eric Goldman
§ 107 of the Copyright Act”—the fair use doctrine The court also says that Johnson sufficiently pled injury from the takedown notice because she “cites damages resulting from the termination of her YouTube channel. [read post]
27 May 2014, 2:30 pm by Jonathan Bailey
I'm not even going to attempt a fair use analysis on the use of the image in a tweet, especially considering that The Mirror and The Press Gazette are both UK publications and fair use (or rather, fair dealing) rules in the country are radically different than in the U.S. [read post]
15 Nov 2017, 7:52 am by Tucker Chambers
However, Activision may also have several defenses, including a nominative fair-use defense. [read post]
15 Aug 2012, 8:33 am by Geri Haight
Depending on the purpose for which the content is to be used, you may have a fair use defense, but what constitutes fair use is not always obvious or easily determined. [read post]
5 Mar 2017, 3:15 am by Barry Sookman
YOUKU TUDOU https://t.co/9Nvpp6rZR6 -> How a tiny Canadian IT company helped swing the Brexit vote on social media for Leave https://t.co/udkeK4oNKW -> The Rambler by Graham Henderson: “If the Facts Won’t do…” – Music Canada https://t.co/ijwULglJuT -> Fair Use, Fairness and the Public Interest (part ll) https://t.co/hs6LOoLT3H -> Judge: No, feds can’t nab all Apple devices and try everyone’s fingerprints… [read post]
1 Sep 2009, 3:00 am
 In response, PETA publicly took the position that its use was protected as fair use, being an obvious parody. [read post]
16 Apr 2008, 5:41 am
That leaves it to the defense to establish fair use, which began with this morning’s testimony from lexicon and literature expert, Janet Sorensen, a professor of 18th and early 19th century English literature at U.C. [read post]
9 Aug 2010, 8:56 am by Kevin Smith
  Sometimes they suggest that fair use should be amended to exclude the possibility of a fair use of news coverage. [read post]
2 Dec 2010, 12:18 pm by David Kravets
See Also: No Deal in Xbox Modding Case, Trial Begins Xbox-Modding Judge Berates Prosecution, Puts Trial on Hold Judge Bars ‘Fair Use’ Defense in Xbox Modding Trial Prosecutors Seek to Block Xbox Hacking Pioneer From Trial Citing iPhone Ruling, Xbox Defendant Says Console Hack Is Fair Use Student Arrested for Jailbreaking Game Consoles [read post]
13 Jul 2011, 6:00 am by The Dear Rich Staff
Check out these fair use examples.We don't want to dissuade you from creating musicals. [read post]