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22 Sep 2011, 3:25 am by Brent Lorentz
While I didn’t read the decision in its entirety, I understand that the judge essentially considered Arenas’s ex-fiance’s exploitation of her relationship with him as “fair use” of Arenas’s image.  [read post]
21 Sep 2011, 6:53 pm by Gareth Dickson
 You know the sort of thing I mean: bloggers who note how someone is patenting their trademark; Britons telling other Britons that their use of a copyright work is ‘fair use’ (no such defense exists in the UK, yet). [read post]
21 Sep 2011, 4:00 am by Terry Hart
” We note that First Amendment concerns in copyright are allayed by the presence of the fair use doctrine. [read post]
20 Sep 2011, 12:55 pm by Bruce Kobayashi
 Broad fair use privileges for those bound by the laws or codes could address these concerns while simultaneously protecting model codes from appropriation by competing commercial interests and other jurisdictions. [read post]
20 Sep 2011, 9:21 am by Jonathan Bailey
A former Righthaven defendant, which won on the grounds of fair use, is petitioning the court to have U.S. [read post]
19 Sep 2011, 10:35 am
Wayne Hoehn beat Righthaven so badly that the Las Vegas-based copyright troll lost its copyright infringement case on fair use grounds—and had to pay Hoehn's lawyers at the Randazza Legal Group $34,045.50 in attorney's fees. [read post]
19 Sep 2011, 8:29 am by David Kravets
Judge Pro ruled in June that Hoehn’s posting of an entire Las Vegas Review-Journal article was fair use, and later ordered opposing legal fees. [read post]
19 Sep 2011, 3:17 am by Marie Louise
Limited (IIPRD Blog) Delhi HC’s ruling on the ‘guiding principle’ of public domain & fair use: Syndicate of the Press of the University of Cambridge v. [read post]
17 Sep 2011, 6:37 am by Lisa Larrimore Ouellette
I heard an interesting empirical paper presented by Matthew Sag at IPSC challenging whether the fair use test is really so indeterminate, but I think this is still the conventional wisdom.The conclusion is right but for the wrong reasons. [read post]
15 Sep 2011, 4:11 pm by Gareth Dickson
  The damage to any person’s privacy would weight heavily against the alleged “fairness” of any use of private pictures or videos, but I wonder has it ever been argued? [read post]
15 Sep 2011, 11:34 am by Kevin Smith, J.D.
Code section 504(c)(2)) who make good faith determinations about fair use. [read post]
13 Sep 2011, 6:07 pm by Rebecca Tushnet
” Copyright’s fair use doctrine is pretty nebulous, and borrowing transformativeness from it is courting danger.But, the court rejoined, fair use “nonetheless remains the statutory law for copyright matters and the U.S. [read post]
13 Sep 2011, 1:28 pm by Evan Brown (@internetcases)
This test borrows heavily from copyright law’s fair use analysis, and looks to the extra elements in the subsequent work. [read post]
13 Sep 2011, 8:47 am by Kevin Smith, J.D.
”  Libraries still can rely on fair use, and it is interesting that the text of the law itself calls fair use a “right,” not merely a defense. [read post]
12 Sep 2011, 12:16 pm by Eric E. Johnson
Judge Phillip Pro dismissed that lawsuit in June, holding that Righthaven lacked standing to sue Hoehn, and, additionally, that Hoehn’s reposting of an entire column from the Las Vegas Review-Journal was protected as fair use. [read post]
12 Sep 2011, 12:11 pm by Kevin Smith, J.D.
  It is exactly the core of what fair use was developed to accomplish. [read post]
12 Sep 2011, 11:28 am by David Kravets
Judge Pro ruled in June that a Vietnam Veteran’s posting of an entire Las Vegas Review-Journal article was fair use, and ordered opposing legal fees. [read post]
11 Sep 2011, 1:11 pm by Christopher Bird
This activity is the sort of due diligence that has become standard for online media companies - if anything, the big online media giants like Apple, Amazon and Youtube have become too diligent (to the point where presidential candidates have complained), often refusing to use the fair use provisions of the Digital Millenium Copyright Act that would allow them to withdraw from the legal dispute and let the copyright owners resolve the potential infringements with the… [read post]
11 Sep 2011, 7:19 am by Stewart Baker
  What about a police officer who objects to bystanders using their phones to film him in action? [read post]
11 Sep 2011, 5:37 am by Benjamin Wittes
I think it is probably not fair use under copyright law for me to repost the image here. [read post]