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17 Dec 2013, 3:09 am
Seen this way (and even acknowledging that there is always some tension between the First Amendment and copyright, usually over arguments about the reach of “fair use”), both of these concepts are not just important in their own right, they’re the opposite sides of the same coin. [read post]
16 Nov 2016, 1:23 am
This writer will remain optimistic, but does wonder whether a more pro-rightsholder position will become the norm, with a clear reduction in fair use and other legitimate uses of copyright materials, especially in an online environment. [read post]
3 Jul 2021, 4:08 am
He also offers a proposal composed of two principles and seven modalities, which “maintains incentives for voluntary registration”.In the final Chapter, Professor Gervais examines the opportunities that developing countries may explore when formulating a policy framework that involves copyright restructuring proposals.On top of this, the author provides a redraft of the Berne Convention (in the Epilogue) considering the proposals set out in the book, and a primer on fair… [read post]
28 Feb 2024, 6:18 am
As my MLex colleagues, Madeline Hughes and Amy Miller, reported : “The New York Times’ copyright lawsuit against OpenAI and Microsoft adds a new dimension to what ‘fair use’ could ultimately mean for the makers of language-based generative AI systems that build algorithms using copyrighted works. [read post]
10 Jan 2018, 5:00 am
But for those who think that authors who earn a living from writing (and their heirs) should be able to enforce their rights to incentivize dissemination, there is good evidence here that reversion can help spur value for the initial creators (with the obvious counter that some bear hug their work to limit fair use). [read post]
10 May 2016, 3:53 pm
There are a lot of other problems with the bill, such as vague and limited protections for fair uses (watch out, fan sites!) [read post]
7 Jan 2014, 10:39 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalShare this: || Join EFF [read post]
15 Apr 2019, 12:13 am
“There’s now a movement to try to then control and own symbols that have entered the public domain and public use….and so now I see it as basically a tombstone of free speech and fair use in the Western world. [read post]
22 Sep 2020, 12:23 pm
’” Rather than explicitly arguing Dastar and First Amendment/nominative fair use, defendants argued that the NRA hadn’t alleged Lexmark standing or identified any false or misleading content on AMc’s website. [read post]
2 Oct 2012, 9:09 am
As Fairfield indicates, the diminished availability of the fair use defense in virtual worlds emphasizes the importance of requesting game-god permission to use bots or scrapers. [read post]
3 Aug 2016, 11:36 pm
The Copyright Office’s letter implies that cable and content companies could create new rights for themselves just by writing them into private contracts between each other: the right to control which “platforms and devices” customers can use, the right to limit time-shifting and other fair uses, and the right to “exclude” other software from a customer’s device. [read post]
31 Dec 2012, 6:16 am
‘There's a literary culture of appropriation and interesting fair use but I don't think a lot of readers have that relationship to it. [read post]
26 Apr 2014, 1:33 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceShare this: || Join EFF [read post]
5 May 2016, 1:00 am
Although fair dealing/fair use do allow for some uses of works without infringing them, in the event that the use does infringe, can the owner of the work possibly sue for more than just damages, but also for compensation for moral prejudice? [read post]
12 Sep 2023, 2:18 pm
The appeals court rejected the plaintiffs’ argument that because they make standards available for free in online reading rooms, Public Resource’s use cannot be transformative fair use. [read post]
19 Dec 2014, 2:22 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalShare this: || Join EFF [read post]
8 Nov 2012, 7:04 am
Whether a broad and flexible fair use exception should be introduced and if so, whether it should replace or complement existing provisions; and 4. [read post]
25 Jan 2017, 1:43 am
Thus the territoriality of secular law may be contrasted with the tension between the universal applicability of Jewish rules and the doctrine of dina de-malkhuta dina (the integration into Jewish law of national statute law that is not explicitly contrary to Torah principles), by the absence of a firm demarcation of the line that divides rights in rem with those that are in personam, and by the potential for the random application of doctrines developed outside the field of commercial law, such as… [read post]
17 Jul 2017, 3:37 pm
Disappointingly, there is no reference to be found to the inclusion of a "fair use" exception to copyright, as we had requested in our submission. [read post]
7 Mar 2024, 10:33 am
While the doctrine of exhaustion may not provide a viable solution in cases involving “material differences”, the principle of fair use can be effectively employed as “unrelated parties can use a mark to identify or refer to the trademarked product so long as the reference does not suggest endorsement or affiliation”. [read post]
