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4 Oct 2011, 12:59 pm by Berin Szoka
Even those who think copyright law has gone much too far, or cherish fair use, shouldn’t defend such blatant, commercial piracy, which does nothing but deny creators the market for their artistic products. [read post]
4 Oct 2011, 9:45 am by Tal Basis
It contains only critics, commentary, and news reporting, all written in an educational and humors manner, which are protected under applicable law…To the extent any of the material used on the site is in fact subject to intellectual property protection, which in many instances, is by no means clear, the site’s incorporation of that material is “fair use” under copyright, trademark law, and similar state law. [read post]
4 Oct 2011, 6:10 am by Sheldon Toplitt
"  Eat your heart out, Cole Porter.Applying the four-pronged fair use test, which involves examining the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion of the work used in relation to the copyrighted work as a whole and the effect of the use on the potential market for or value of the copyrighted work, Judge Stadtmueller concluded the South Park parody warranted the limited… [read post]
4 Oct 2011, 6:02 am by Kevin Smith, J.D.
  There are several technical issues that dominate the decision, but there is a little bit of good news, hardly definitive, for the fair use claim that was being made by UCLA. [read post]
3 Oct 2011, 2:31 pm by Stephen Jenei
Some aspects of ACTA, however, remain controversial since the agreement does not mention “fair use” anywhere. [read post]
3 Oct 2011, 11:00 am by Jonathan Bailey
Though there could be a derivative works issue, considering the remakes are all parody we felt comfortable with our fair use position as long as we were careful. [read post]
3 Oct 2011, 8:52 am by One LLP
The main issue of the case will be whether Hathitrust and the other defendants are protected by fair use or whether their actions go beyond the allowances made for such institutions in the Copyright Act. [read post]
2 Oct 2011, 9:00 pm by Ken Davidson
All uses of copyrighted work under a fair use rationale deprive the owner of licensing fees. [read post]
30 Sep 2011, 10:16 am by Media Law Prof
A federal district court has dismissed a plaintiff's claim that the parody of a music video in an episode of use of a song in an episode of the popular show "South Park" constitutes infringement. [read post]
30 Sep 2011, 6:37 am by David Kravets
Anthony Falzone, executive director of the Fair Use Project at Stanford University and a plaintiff’s lawyer in the case, urged the justices to take the case. [read post]
29 Sep 2011, 8:32 am by The Dear Rich Staff
If she intends to place the videos on YouTube, one of three things could happen: (1) nothing, (2) the song owner would issue a DMCA notice, in which case the video would be removed by YouTube (unless you fought over the issue based on a fair use claim -- see below), or (3) YouTube would flag the video, send you an email stating that it thinks you're using unauthorized music and then run ads along with the video (which is what happened when the Dear Rich Staff posted a… [read post]
27 Sep 2011, 11:00 am by Jonathan Bailey
Many seem to think simply screaming “fair use” makes even plagiarism acceptable while others think that everything online is copyright-free. [read post]
27 Sep 2011, 10:07 am by Ron Coleman
The campaign is now complaining about YouTube’s DMCA policy making it too easy for copyright holders to remove fair-use videos. [read post]
26 Sep 2011, 6:00 am by The Dear Rich Staff
That's provided that the owner can register the work, convince a court that it is protectible, and that your use does not constitute fair use. [read post]
24 Sep 2011, 11:12 am by Venkat
The court disagrees, saying that Shed Media would readily have a "nominative fair use" defense available (citing to Toyota Motor Sales v. [read post]
23 Sep 2011, 11:22 am
Thus, “fair use” is an affirmative defense to copyright infringement. [read post]
22 Sep 2011, 8:02 am
The court held that the First Amendment trumped the right of publicity because EA’s use of Hart’s likeness was “transformative” and also because the use was clearly related to the game and not simply an advertisement for an unrelated product.Transformative TestBorrowed from the copyright fair use doctrine, the transformative test balances the competing interests of the right of publicity and the First Amendment by protecting works that add… [read post]