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3 Dec 2019, 12:25 am
Last week, the IPKat certainly supplied us all with an abundance of trade mark law updates! [read post]
26 Feb 2017, 4:00 am by Administrator
Vancouver Community College v. [read post]
22 Sep 2013, 5:30 am by Barry Sookman
IMB+ Records Inc. 2013 ONSC 5382 http://t.co/8X5y5upZuQ -> Philip Pullman: illegal downloading is 'moral squalor' http://t.co/2aWCK5sNej -> Search engine indexing files fair use says court in Perfect 10, Inc. v. [read post]
17 Sep 2015, 6:01 am by Administrator
The Supreme Court of New Zealand 2004-2013© 2015 Thomson Reuters New Zealandedited by Matthew Barber and Mary-Rose Russell, Senior Lecturers in Law, Auckland University of Technology Excerpt: selections from Chapter 3: A Barrister’s Perspective by James Farmer QC [Footnotes omitted. [read post]
11 Feb 2014, 8:09 am
 Whereas Weird Al’s Grammy-winning song fits snugly within the parody definition (and Yankovic always seeks permission, in order “to maintain relationships”), Dumb Starbucks position is questionable.ParodyIn the landmark decision addressing fair-use in Campbell v Acuff-Rose Music, Inc the US Supreme Court stated that parody "is the use of some elements of a prior author's composition to create a new one… [read post]
17 May 2013, 1:37 am
  Instead, ´what is critical is how the work in question appears to the reasonable observer’ (following Campbell v Acuff-Rose Music, Inc., 510 U.S. 569 (1994) and Leibovitz v Paramount Pictures Corp., 137 F.3d 109, 113-14 (2d Cir 1998). [read post]
1 Oct 2010, 3:00 am by John Day
Rose, 701 S.W.2d 609 (Tenn. 1985) (remittitur is not proper, and a new trial must be granted, when the trial judge disagrees with the jury on questions of fact other than the amount of damages); Spence v. [read post]