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10 Oct 2013, 6:00 am by LTA-Editor
Copyright doctrines absent from the lesson plans, like fair use and scenes-a-faire, have long recognized the basic fact belied by the new industry campaign: not all unpermitted uses are wrong. [read post]
4 Jun 2013, 8:04 am by Matthew David Brozik
 -- RDC]) The relevant (“Oprah”) defendants put almost, but not quite, all of their eggs in a “fair use” basket. [read post]
7 Aug 2012, 12:30 am by David Kravets
Google, which displays the book snippets next to advertising on its search engine, claims it has the right under the “fair-use” doctrine to publish parts of each book. [read post]
22 Mar 2017, 7:32 am by Tim Sitzmann
Could creation of an online repository of shared links, images, and articles a la Pinterest qualify as a fair use? [read post]
6 Dec 2016, 11:30 am by Matthew Landis
A limitation to the above exclusive rights of the copyright owner is known as the fair use doctrine, which allows certain types of use including for the purpose of criticism, comment, news reporting, teaching, scholarship and research. [read post]
11 Aug 2013, 10:27 am by Eric
The court excuses those copies from direct infringement on fair use grounds, citing Perfect 10 v. [read post]
1 Sep 2011, 9:22 am
Martin Senftleben's call for horizontal fair use defences ("Overprotection and protection overlaps in intellectual property law -- the need for horizonal fair use defences") also stirred the IPKat into one of his come-on-let's-legislate moods. [read post]
Even assuming that the administration could wrangle a claim to the data — if independent contractors who create works for the EPA, for instance, keep the copyrights to their work, which could be leveraged on the government’s behalf — the Internet Archive has an obvious and strong fair use claim in the purpose of their use, the nature of the work, the amount used, and the market impact. [read post]
5 Feb 2010, 7:13 am by Kevin Smith
  Some courts have even held, in spite of plain language in the statute, that fair use of a work can be prevented if the user would have to break though a digital lock. [read post]
8 Jun 2023, 5:36 pm by Irina Manta
Justice Kagan pointed to the statutory language in the Lanham Act indicating that the fair-use exception has an exclusion for source-indicating use and concluded: "The problem with the Ninth Circuit's approach is that it reverses the statutorily directed result" in cases such as this one and would "nullify Congress's express limit on the fair-use exclusion for parody. [read post]
While music labels argue that a license is required because the AI’s output is based on preexisting musical works, proponents for AI maintain that using such data falls under the fair use exception in copyright law. [read post]
7 Mar 2017, 7:00 am by Georgina Hey (AU)
Recommended amendments to the copyright regime include: Replacing the fair dealing exceptions to copyright infringement with a broader and open-ended fair use exception. [read post]
27 Jun 2011, 4:50 am by pete.black@gmail.com (Peter Black)
"Fair use isn’t much good if you can’t afford it" http://j.mp/iCz5YU #lwb486 this will be a fun experiment ... [read post]
10 Dec 2011, 3:03 pm by Derek Bambauer
Courts would inevitably try to mitigate the harsh effects of this regime, probably by finding most such incidents to be fair use. [read post]
22 Mar 2012, 10:38 am by Jonathan Bailey
How do you program an automated aggregator to follow fair use? [read post]
23 Jun 2010, 1:41 pm by David Kravets
Stanton ruled that YouTube had no way of knowing whether a video was licensed by the owner, was a “fair use” of the material “or even whether its copyright owner or licensee objects to its posting. [read post]
14 Oct 2014, 6:15 am by Michael Geist
Third, if the government is convinced that fair dealing does not fully cover political speech, the far better approach would be to establish a full fair use provision in Canada. [read post]
17 Feb 2016, 11:04 am by Kevin Smith, J.D.
 But the truth is that none of these fall-back positions are really needed in most cases because Congress gave us a statutory solution for this issue, although it is rooted in common law itself — fair use. [read post]
26 Jan 2009, 12:15 am
The same claim would seemingly be available to the Greench creators, since their brief use of the Greene photo would surely qualify as fair use under U.S. law. [read post]