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3 May 2011, 12:48 pm by tom
The fair use defense is where the argument really arises. [read post]
3 May 2011, 10:58 am by Eric
Thus, I wonder if we might find it useful to statutorily adopt the test but then give explicit statutory guidance on how to apply the factors (just like the fair use test gives some explicit guidance to courts about applying the test, although we might view fair use as a cautionary tale rather than a model). [read post]
3 May 2011, 12:53 am by Michael Geist
If the U.S. has exceptions for unlocking DVDs and a full fair use provision, surely Canada can too. [read post]
2 May 2011, 8:47 pm by Editor
If copying an entire newspaper story is fair use, is it a sin to steal large segments of copy from Wikipedia? [read post]
2 May 2011, 8:47 pm by Editor
If copying an entire newspaper story is fair use, is it a sin to steal large segments of copy from Wikipedia? [read post]
2 May 2011, 2:36 pm by Donn Zaretsky
The optimal fair use provisions establish a balance between maintaining incentives for new work and for the ability to build upon existing work. [read post]
2 May 2011, 11:54 am by David Kravets
But that doesn’t necessarily mean Warner has a clear fair-use claim. [read post]
2 May 2011, 6:00 am by The Dear Rich Staff
In addition, many news outlets modify the feeds and provide a paragraph from each item along with a link back to the source (and whether that qualifies as a fair use has not been fully resolved, yet). [read post]
1 May 2011, 7:26 am by Gareth Dickson
Clearly search engines, which copy not just all the words of the page but all the meta data contained in the page’s HTML, have the most to lose on this head since the UK has no fair use defence such as exists in the USA. [read post]
30 Apr 2011, 6:37 pm by LTA-Editor
As evidence of the term’s genericness, Amazon points to a quotation from Apple’s Steve Jobs, in which he said that Apple’s app store is “the easiest-to-use, largest app store in the world…” In order to show that Apple’s claim is barred by the doctrine of fair use, Amazon must show that its service was not readily identifiable by another term, or that the term was used only to describe its service, rather than as an… [read post]
29 Apr 2011, 4:30 am by Jim Dedman
(An aside: One of the writer contributors of this blog actually bought this issue off the newsstand back in '87, but we're not going to tell you which one of us it was so as to protect the innocent.).You know, we here at Abnormal Use are usually unsympathetic to folks trying to get out of jury duty, but we think this may be the best excuse we've ever heard.Eric Goldman of the Technology & Marketing Law Blog directs us to a new federal case from Nevada in… [read post]
28 Apr 2011, 11:09 pm by Michael Geist
At the meeting I noted the shift away from DRM, doubts about camcording claims, and calls for fair use. [read post]
28 Apr 2011, 6:58 pm by Marie Louise
Morel (IP Law Blog) US Copyright – Lawsuits and strategic steps IsoHunt – Google, MPAA and isoHunt clash in court (TorrentFreak) US Trademarks & Domain Names Google censors alternate domain of seized streaming site, by mistake (TorrentFreak) US Govt. uses seized domains for anti-piracy video (TorrentFreak) US Trade Marks & Domain Names – Decisions Finding 2(f) evidence insufficient, TTAB affirms mere descriptiveness refusal of… [read post]
27 Apr 2011, 5:23 pm by christopher
“Here, the court finds that, although the defendants posted the work in its entirety, the amount used was reasonable in light of the purpose of the use, which was to educate the public about immigration issues. [read post]
27 Apr 2011, 9:42 am by pfriedman
In short, as the Stanford Copyright & Fair Use site puts it: If a work is created by an employee in the course of his or her employment, the employer owns the copyright. [read post]
27 Apr 2011, 9:00 am by UCLA Law Review
How Claim Preclusion and Issue Preclusion Should Be Modified in Cases of Copyright’s Fair Use Doctrine Karen L. [read post]