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27 Jan 2011, 12:58 pm
Las Vegas Sun, December 15, 2010 by Steve Green http://www.lasvegassun.com/news/2010/dec/15/judge-focuses-question-fair-use-copyright-lawsuit/ “CIO’s use of the article expanded public knowledge about immigration enforcement without cannibalizing the market for the original work,” Schultz wrote. [read post]
27 Jan 2011, 12:35 pm
Lueder compared the Google Book Search to the EU’s Europeana project which is “falling behind” because, he says, the EU has a strict copyright system without fair use. [read post]
27 Jan 2011, 6:00 am
Two years after the Koons case, the Supreme Court recast fair use in Campbell v. [read post]
27 Jan 2011, 2:17 am
Forum April 3, 2001) in which the Respondent prevailed on the noncommercial and fair use defense. [read post]
26 Jan 2011, 3:20 pm
” without being considered infringement. 10 The section continues on to provide the following set of factors to consider when determining whether a particular exploitation of a work constitutes a fair use:(1) the purpose and character of the use, including whether such use is of 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… [read post]
25 Jan 2011, 12:27 pm
See Aaron Power, 15 Megabytes of Fame: A Fair Use Defense for Mash-Ups As Dj Culture Reaches Its Postmodern Limit, 35 SW. [read post]
25 Jan 2011, 12:00 am
Corynne McSherry, JD, PhD, intellectual property director and Kahle Promise Fellow at the Electronic Frontier Foundation, will speak on “Defending Free Speech and Fair Use Online. [read post]
24 Jan 2011, 11:09 am
Not only do we have a strange settlement in one of the most important fair use cases in some time, but we have the record labels agreeing to pay for copyright infringement and a big win for Harry Potter in the states. [read post]
23 Jan 2011, 8:25 pm
(Chicago IP Litigation) US Trademarks TTAB issued 50 precedential decisions in 2010 (TTABlog) US Trade Marks – Decisions SCOTUS: Likelihood of confusion bows to fair use: KP Permanent Make-Up, Inc. v. [read post]
21 Jan 2011, 5:57 am
The third defense is not explicit that the “noncommercial or fair use” use be before notice of the dispute, but it cannot be after because a post notice change cannot legitimize pre-notice infringing use. [read post]
20 Jan 2011, 9:00 am
February 2, 6pm: Copyrights and Fair Use: This session is an overview of copyright law, how it applies to artists and protects them, as well as the way to obtain a copyright. [read post]
20 Jan 2011, 7:57 am
Paul Edward Geller, A German Approach to Fair Use: Test Cases For Trips Criteria for Copyright Limitations? [read post]
19 Jan 2011, 7:42 pm
" To my mind, that is a fair use of Lewis, but Lewis itself is profoundly wrong--or at least quite inconsistent with any sensible approach to unenumerated rights. [read post]
19 Jan 2011, 1:00 pm
From a statutory standpoint, Canada only allows fair dealing exemptions for use of copyrighted material when the intended use is for research, public study, criticism/review, or news reporting.Unlike the United States, which explicitly outlines other factors by which a given use of copyright material could be considered a fair use, in Canada most people accused of copyright infringement and pleading a fair dealing defense must rely on… [read post]
19 Jan 2011, 9:26 am
Martin Senftleben, VU University Amsterdam, Faculty of Law, has published Bridging the Differences between Copyright's Legal Traditions – The Emerging EC Fair Use Doctrine at 57 Journal of the Copyright Society of the U.S.A. 521 (Spring 2010). [read post]
Why Canada's Fair Dealing Rules May Impede Free Speech: The Conservative Ads, the CBC, and Copyright
19 Jan 2011, 3:50 am
The argument seems to be that if it is fair use in the U.S., surely it is fair use (or dealing) in Canada (Stephen Taylor makes the same point in criticizing the CBC for not having a better grasp of fair use). [read post]
18 Jan 2011, 10:37 am
Specifically, YouTube cited infringement dealing with a recent video about former CIA agent Luis Posada Carriles, who was recently on trial in the US for immigration fraud. [read post]
18 Jan 2011, 10:05 am
And to the extent that the use of the clip is commercial, that weighs against fair use. [read post]
18 Jan 2011, 7:02 am
Some of you may know Mike from our past blogging efforts together on the old Fair Use Blog, and more recently Mike has been a contributor to Bryan Cave's Art Law Blog. [read post]
17 Jan 2011, 4:17 pm
Satire is NOT considered Fair Use when it copies an earlier work. [read post]
