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20 Jul 2015, 2:11 am
It will be for a defendant in future proceedings to explore and raise this issue, including whether the effect of the fact that they relied at the time upon Section 28B creates some species of estoppel, legitimate expectation or fair use defence in private law and whether, if such exists, this goes to the cause of action or the remedy or both. [read post]
5 Oct 2015, 9:11 am
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade Agreements and Digital RightsTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
21 Apr 2015, 5:38 pm
If you're on Twitter, help us call on influential members of Congress to come out against this bill. [read post]
8 Apr 2013, 6:30 am
In this regard, the closest parallel to non-compete litigation is in the copyright context, where the contours of the "fair use" doctrine are ill-defined and subject to a multi-factor balancing test. [read post]
1 Apr 2015, 4:21 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInnovationShare this: || Join EFF [read post]
27 Mar 2017, 5:07 pm
Fair use, then, wouldn't even come into the picture. [read post]
15 Apr 2013, 2:26 pm
., Executive Director, Georgia Lawyers for the Arts9:00am Appropriation Art, Fair Use and the Intersection of the First Amendment and the US Copyright ActMichael Landau, Esq., Copyright Professor, Georgia State College of LawAndrew Pequignot, Esq., Kilpatrick Townsend & Stockton , LLP, Atlanta10:00am Trademark Law for Visual Artists and Arts AdministratorsJames Trigg, Esq., Kilpatrick Townsend & Stockton, LLP, Atlanta11:00-11:15am Break11:15am-12:30pm Recent Legal… [read post]
28 Sep 2018, 10:14 am
And the Copyright Office has a history of presuming the interests of copyright holders are more valid than other legal rights and policy concerns, including the free expression values protected by fair use. [read post]
7 Aug 2013, 6:44 pm
(Their taxonomy of defenses, which includes all types of IP, also includes a third category of "class" defenses such as fair use in copyright and trademark.) [read post]
12 Nov 2017, 3:29 am
The authors are generally UK or Australasia based, with some contributors from the US and Singapore. [read post]
19 Jul 2017, 3:47 am
Research revealed that the use of stream-ripping websites, which allow users to illegally create permanent offline copies of audio or video streams from sites such as YouTube, increased by 141.3% between 2014 and 2016, overwhelmingly overshadowing all other illegal music services.There has been a big 'fair use' ('fair dealing)' case in Canada which pitted content owners against Canadian Universities, with the latter's copying… [read post]
28 Jul 2014, 5:10 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCADMCA RulemakingInnovationDRMShare this: || Join EFF [read post]
21 Apr 2015, 5:38 pm
If you're on Twitter, help us call on influential members of Congress to come out against this bill. [read post]
19 Jan 2016, 11:11 am
Fair Use Rights. [read post]
19 Dec 2017, 6:23 pm
(And for fun, watch our “unboxing” video to start a discussion around fair use, closed technologies, and facial recognition.) [read post]
8 Aug 2013, 7:02 am
We should also judge the relevance of our community on the things we do besides articles: amicus briefs, Best Practices in Fair Use (identifies this as having genuine impact); working in government like Hughes is another way to have an effect. [read post]
17 Aug 2016, 11:11 am
I do believe that this "fair use" issue should never have been put before a jury in the first place, but if a new trial is ordered and the Marshmallow-related evidence becomes part of the case, even Judge Alsup's JMOL analysis (under those new circumstances) may be a different one than so far. [read post]
20 Oct 2015, 4:14 am
More on this on the Hollywood Reporter here.Over on the IPKat, Eleonora tells us that he US Court of Appeals for the 2nd Circuit has delivered its judgment in the Google Books case and has confirmed the decision of Judge Chin - that the scanning activities of Google within its Library Project are to be considered a fair use of copyright works.And finally, A federal court jury in Nevada has ordered a Las Vegas-based software maintenance firm and its… [read post]
21 Feb 2024, 11:04 pm
The concept of 'due cause' should not be used as a back door and be interpreted as something that the legislator deliberately omitted to regulate.CommentINTA's amicus brief makes it clear once again that the IKEA referral is one to watch closely.It is no longer "just" about the fundamental balancing act between freedom of expression on the one hand and trade mark rights on the other, but also about a fundamental decision on what role 'due cause' can fulfil… [read post]
22 Dec 2020, 9:02 am
The only route left is not fair use but, as our whitepaper demonstrated, to edit around the filter’s requirements (or refrain from speaking altogether). [read post]
