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9 Aug 2011, 6:18 am by Ray Dowd
   The district court found that two videos were referred to in the complaint and the circumstances warranting a finding of “fair use” under 17 U.S.C. 107, the Copyright Act’s fair use section, were pleaded.The facts involved the creation of a video for the television series South Park from the episode “Canada on Strike” using the song “What What In the Butt”. [read post]
9 Aug 2011, 3:35 am by Stephen Pitel
Related posts:Simon on Fair Use under the UDRP David A. [read post]
8 Aug 2011, 12:23 pm by Andrew Berger
         The wide-spread misunderstanding of terms such as “fair use,” “parody,” and “public domain” – and their applications to music. 6. [read post]
8 Aug 2011, 4:05 am by Terry Hart
The most popular posts in the first year have been: Kind of Bamboozled: Why ‘Kind of Bloop’ is not a Fair Use Demonizing Copyright Is Copyright Infringement Theft Fears of Felony Streaming Bill Overblown The “Fallacy of Intellectual Property” Fallacy Since August 8, 2010, I’ve written 104 posts with a total of 163,728 words. [read post]
6 Aug 2011, 7:31 am by marcorandazza
In that case, we argued that even using an entire editorial could be fair use as long as the fair user made a transformative use of the original. [read post]
5 Aug 2011, 8:46 am
However, including both parody and satire, the exception is notably broader than the US fair use exception". [read post]
5 Aug 2011, 12:15 am by Paul Jacobson
While American copyright law allows consumers to rip their CDs and play the music on their chosen media player or device under fair use, that a personal or private use exception to copyright infringement is excluded from uses of sound recordings (music qualifies as a sound recording in the sense I'm referring to it in this post) that are not copyright infringement in our Copyright Act. [read post]
4 Aug 2011, 7:01 am by Francesco Spreafico
The draft regulation briefly lists the criteria for the evaluation by the AGCOM of fair use defenses. [read post]
3 Aug 2011, 9:58 am by Kevin Smith, J.D.
  First, it explicitly noted that “transformative use is not absolutely necessary for a finding of fair use. [read post]
3 Aug 2011, 9:19 am by Marty Schwimmer
LA Times was not commercial speeck and was nominative fair use. 43(B)log discussion here. [read post]
3 Aug 2011, 8:09 am by Rebecca Tushnet
On the pleadings, defendants were entitled to the nominative fair use defense. [read post]
2 Aug 2011, 5:16 pm by Rebecca Tushnet
Corynne McSherry makes the transformative fair use case, and I show up too, looking a bit wide-eyed in my first video Skype interview. [read post]
1 Aug 2011, 10:08 am by One LLP
Few would deny the controversy surrounding online piracy facilitated by peer-to-peer (p2p) file sharing websites. [read post]
31 Jul 2011, 11:06 am by Tun-Jen Chiang
  All of us break numerous criminal laws, starting with tax evasion in failing to pay use taxes for internet purchases. [read post]
29 Jul 2011, 12:22 pm by Ray Dowd
Another tool for evaluating fair use and keeping a record that you've thought things through. http://librarycopyright.net/fairuse/index.phphttp://www.dunnington.com/rdowd_bio.html Purchase Copyright Litigation Handbook 2010 by Raymond J. [read post]
29 Jul 2011, 8:00 am by Derek Bambauer
If I download a song to listen to the lyrics so I can write a paper describing its semiotics, that’s fair use. [read post]
29 Jul 2011, 7:59 am by Ray Dowd
    17 USC 108 governs reproductions by libraries and archives.While not exactly under the "fair use" section of the Copyright Act 17 U.S.C. 107, Section 108 provides a lot more detailed guidance for librarians and archivists in determining what types of uses are fair or reasonable.Please note the "Know your rights, these are your rights" quote from The Clash on the spinner....The Section 108 Spinner permits a librarian to create… [read post]