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27 May 2011, 12:25 pm by David Kravets
” See Also: Accusations Fly in Viacom, YouTube Copyright Fight EFF Demands Copyright Troll Pay for Suing Democratic Underground Viacom Says YouTube Ruling Will ‘Completely Destroy’ Copyright Newspaper Chain’s New Business Plan: Copyright Suits Copyright Czar Backs IP Enforcement, ‘Fair Use’ LimeWire Begs Music Industry for Second Chance Obama Appoints Scholar as New Copyright Czar [read post]
26 May 2011, 9:20 pm by Donn Zaretsky
There might be good reasons for the plaintiff to lose in this case – a lack of originality, implied license, fair use – but I don’t think Hangover II presents a big enough problem to formulate new doctrine. [read post]
26 May 2011, 11:43 am by Christine Sellers
" The definition of "fair use" is provided in 17 U.S. [read post]
26 May 2011, 9:57 am by Andrew Goldberg
” In any event, the studio says, the tattoo on the face of Ed Helms in the sequel constitutes a fair use parody of Tyson’s tattoo, and the plaintiff shouldn’t be allowed to sue over it now because he never objected to the use of tattoo in the first movie (Tyson made a brief, memorable appearance in that film as well). [ Download Warner Bros. [read post]
26 May 2011, 9:19 am by Clark Stewart
An Almost Perfect Sidekick: 90% Bill Gannon, 10% Barney Fife To be fair, using the iPad was not without its cons. [read post]
26 May 2011, 7:53 am by Phil
Drawing both upon theory and the author's background litigating high-profile copyright suits, the book highlights the unseemly amount of infringement liability an average person rings up in a single day, the counterintuitive role of the fair use doctrine in radically expanding the copyright monopoly, the important expressive interests at play in even the unauthorized use of copyright works, the surprisingly low level of protection that American copyright law grants… [read post]
25 May 2011, 7:49 am by Scott Shaffer
As for the fair use argument, Warner Bros.' memorandum of law stated, "Hangover II is transformative parody and satire. [read post]
25 May 2011, 7:25 am by Coco Soodek
In 2000, a photographer named Patrick Cariou came out with a book of photographs he took during the 6 years when he lived with the Rastafarians in Jamaica. [read post]
24 May 2011, 1:37 pm by David Kravets
See Also: Denver Judge Taps Brakes on Righthaven Copyright Lawsuits EFF Decries ‘Sham’ Copyright-Troll Legal Tactics CNET Accused of Copyright Infringement for Distributing LimeWire Associated Press Settles Copyright Lawsuit Copyright Czar Backs IP Enforcement, ‘Fair Use’ ISP Defeats Hollywood Copyright Claims Newspaper Chain’s New Business Plan: Copyright Suits [read post]
24 May 2011, 12:41 pm by Eric
Judge Perry briefly discussed the defense's claim of Fair Use, opining that there was no parody or transformative use, the entire tattoo in its original form was used (not in any parody form), the tattoo was not necessary to the basic plot of the movie, and that Warner Brothers used the tattoo substantially in its marketing of the movie. [read post]
24 May 2011, 12:09 am by Lara
And then there’s the fair use defense. [read post]
23 May 2011, 1:20 pm
Viacom's interpretation of the DMCA would undermine the very purpose of these provisions, shifting the burden to service providers to police each item posted by users on their systems and determine whether each is in the public domain, a fair use, licensed, or otherwise not infringing. [read post]
22 May 2011, 7:41 am by Gerard Magliocca
 Warner Brothers is claiming, among other things, that the depiction of the tattoo is fair use because it is a parody of the original. [read post]
20 May 2011, 3:09 pm
 Accordingly, the first factor under the fair use test favors a finding of fair use. [read post]
20 May 2011, 1:51 pm by Carli Spina
  Of note, the Report recommends creating a Digital Copyright Exchange to make it easier to clear copyrighted works and updating existing laws and “format shifting,” but does not advocate the adoption of the concept of “fair use” of copyrighted materials as is found in the US. [read post]
20 May 2011, 12:55 pm by Jonathan Bailey
-style fair use provision when in truth it does not. [read post]
20 May 2011, 10:57 am by Jonathan Bailey
-style fair use provision in the country. [read post]