Search for: ""fair use""
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15 Feb 2011, 7:46 pm
The problem is that the boundary between fair use and infringement is very difficult to discern. [read post]
15 Feb 2011, 2:34 pm
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;(2) the nature of the copyrighted work;(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and(4) the effect of the use upon… [read post]
15 Feb 2011, 7:06 am
Why should she have such absolute rights to control the conduct of others, unlimited by the idea-expression dichotomy or by the fair use doctrine? [read post]
15 Feb 2011, 5:26 am
Needless to say, Paranagua advocates the both/and approach, arguing that both broader access AND fair profits are possible, as well as suggesting that both a non-exclusive list of exceptions and limitations AND a fair use style flexible exception would make for a truly balanced law. [read post]
15 Feb 2011, 5:12 am
Maybe the taking wouldn’t be substantial enough/fair use, but still qualifies as protectable. [read post]
14 Feb 2011, 5:44 pm
A fair use argument will be hard to overcome. [read post]
14 Feb 2011, 12:23 pm
Increase income of US performers and record companies: costs shared by foreign and US consumers, and possibly songwriters/musical publishers. [read post]
14 Feb 2011, 10:10 am
The library has a long-standing copyright and fair use policy for the scanners, including having students agree to it before using them, but it seems many students are ignoring the warnings and raising questions about the school’s responsibility in enforcing copyright law when students use its equipment. [read post]
14 Feb 2011, 8:28 am
We don’t call them fair use, but maybe we should. [read post]
12 Feb 2011, 2:32 pm
It used the principle of "depecage" (I don't have a circonflexe on this blog). [read post]
12 Feb 2011, 7:28 am
But then: Trade dress and mistrust of the image—courts require pleading trade dress in words, not in pictures, because different jurors might interpret pictures differently, which we all know never happens with words Nominative fair use: similar dynamic as with Qualitex: initial articulation of the test said that you had to use as little of the mark as necessary, which included not using the font or other distinctive visual elements; then it turns out that… [read post]
12 Feb 2011, 7:07 am
Copyright is concerned with term limits, fair use, etc. in leaving certain benefits with the nonowner; tort law is concerned with moral hazards etc. in leaving certain incentives to take care with the plaintiff. [read post]
11 Feb 2011, 12:01 pm
Heymann: it’s normatively attractive to treat the audience as having the capacity to understand—as with descriptive fair use or parody cases, even though we know there are people out there who won’t get the joke; other interests are more important. [read post]
11 Feb 2011, 6:00 am
A good constructive explanation of how to quote and cite in an academic context.Purchase Copyright Litigation Handbook 2010 by Raymond J. [read post]
11 Feb 2011, 4:59 am
As noted in a previous blog, based on my intellectual interest in the application of fair use to digital sampling in rap music, the music of Gregg Gillis, who records and performs under the name Girl Talk, is something I am primed to appreciate on an intellectual level. [read post]
11 Feb 2011, 1:31 am
DJ Earworm is back, this 2010 mashup had over nine million viewers on YouTube.This DJ Earworm 2009 mashup had over 34 million viewers on YouTube.More posts on mashups here Purchase Copyright Litigation Handbook 2010 by Raymond J. [read post]
9 Feb 2011, 11:00 am
A single protection for trademarks should exist, and fair use provisions made as with copyright. [read post]
8 Feb 2011, 6:37 am
The upshot of this argument would be that schools could not license away their right to make fair use of content they license, since fair use is a limitation on the exclusive rights and thus part of what would be preempted in any contract action. [read post]
8 Feb 2011, 6:00 am
First, the shots likely qualify as a fair use. [read post]
7 Feb 2011, 1:58 pm
See Also: Judge Delays Ruling on PlayStation Hack Hacker Challenging Court Order to Surrender Computer Gear to Sony Prosecutors Seek to Block Xbox Hacking Pioneer From Trial Xbox-Modding Judge Berates Prosecution, Puts Trial on Hold No Deal in Xbox Modding Case, Trial Begins Citing iPhone Ruling, Xbox Defendant Says Console Hack Is Fair Use [read post]
