Search for: ""fair use""
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28 Jul 2011, 5:06 pm
In line with common law traditions and less formal division between legislative and judicial roles in the early republic, courts established many critical doctrines and frameworks, including patentable subject matter limitations, patent’s inventiveness (non-obviousness) standard, patent and copyright infringement and indirect infringement doctrines, patent’s experimental use, and copyright’s fair use, among other important doctrines. [read post]
28 Jul 2011, 8:43 am
This for-profit use at Sega’s expense weighed against accepting a fair use defense.2. [read post]
27 Jul 2011, 2:13 pm
Without a settlement, the judge will likely have to decide whether the use of the snippets from books are a fair use for which Google can provide to users or whether these may be infringements of the literary works. [read post]
27 Jul 2011, 5:47 am
This fair use assertion makes an end-run around section 108, but looking at the fair use factors, it is still appealing. [read post]
25 Jul 2011, 10:02 am
Eriq Gardner New York judge finds access, substantial similarity, and no fair use in denying singer's motion to dismiss.read more [read post]
25 Jul 2011, 8:53 am
The judge dismissed several of LaChapelle’s claims saying they were duplicates of his copyright claim but allowed the copyright claims to move forward and also threw out Rihanna’s fair use defense saying that it was “unavailing”. [read post]
25 Jul 2011, 6:38 am
The court noted that some of the traditional factors in the multifactor test didn’t work well in this case because it was a nominative fair use case, where defendants were using Suntree’s mark to identify Suntree’s product. [read post]
25 Jul 2011, 6:00 am
If you are quoting from Exxon's written materials, using their photos, or video, that's an infringement but we think you have a strong fair use claim. [read post]
24 Jul 2011, 11:13 pm
(Docket Report) (EDTexweblog.com) Twin-Star – ITC institutes investigation (337-TA-791) regarding Certain Electric Fireplaces (ITC Law Blog) (ITC 337 Update) US Copyright The Innovative Design Protection and Piracy Prevention Act: Litigation, uncertainty, and economic harm (Public Knowledge) US Copyright – Decisions 2nd Circuit affirms summary judgment of no copyright infringement in dispute over movie about crime fighting hairdresser: Robert W Cabell v… [read post]
22 Jul 2011, 3:06 pm
The Tumblr-hosted blog, Ridiculous Pictures of Céline Dion, is now down, with only this message remaining: hey y’all céline dion found our blog, and she didn’t like it. we just got a letter from céline’s lawyers that the blog has to be shut down. though this blog is well within the realm of ‘fair use’, i don’t have the money or time to get a lawyer to respond. the dream is over. thanks for following and being a céline… [read post]
22 Jul 2011, 2:31 am
Paragraph 4(c)(iii) of the Policy reads: “[Y]ou are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.” As the Panel points out in Proskauer Rose LLP v. [read post]
21 Jul 2011, 2:47 pm
And it might not even be copyright infringement, as each individual download of an academic article by Swartz would arguably fall under the “scholarship or research” provisions for fair use of copyrighted material of Section 107 of the Copyright Act. [read post]
20 Jul 2011, 7:18 am
It analyzes the fair use defense in decisions before WIPO. [read post]
20 Jul 2011, 4:59 am
"If you're looking for certainty, fair use is not going to help you sleep at night. [read post]
19 Jul 2011, 7:45 pm
He says he's "not at all sure that we're even dealing with 'fair use' in this case. [read post]
19 Jul 2011, 5:23 pm
It analyzes the fair use defense in decisions before WIPO. [read post]
19 Jul 2011, 6:00 am
But even if it were protectable, your use of the photos in your book seems excusable because it is intended to comment upon the steeples -- precisely what fair use was intended to permit. [read post]
18 Jul 2011, 10:11 pm
I have no doubt that individual screenwriters have lost credit they should have had, but that’s not because of lack of copyright registration; it’s because of contracts and because any factfinding system is going to get stuff wrong sometimes.He concedes that allowing every plaintiff to ask for statutory damages and fees would increase the speech-suppressive power of copyright, but proposes to mitigate this with a series of defendant-friendly reforms basically liberating noncommercial… [read post]
18 Jul 2011, 9:00 pm
Monkey Business Monkeys Don’t Do Fair Use; News Agency Tells Techdirt To Remove Photos Monkey Business: Can A Monkey License Its Copyrights To A News Agency? [read post]
18 Jul 2011, 2:35 pm
It stretches fair use, and it doesn't feel "right. [read post]
