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17 Jan 2011, 12:19 pm
Given the lack of market evidence, this factor weighted against the Plaintiff.Weighing and balancing the factors, the court found that use of the clip was "fair use". [read post]
17 Jan 2011, 11:53 am
Shropshire then filed a takedown request with YouTube, which complied but reversed itself when Canning filed a counter-notice claiming fair use. [read post]
17 Jan 2011, 8:03 am
You see, it seems that the "fair use" copyright rules, have been stretched over the years online especially with 'news aggregators' and online videos, and yes, those who engage in re-writing news articles too. [read post]
17 Jan 2011, 7:36 am
The court also shot down a fair use argument by the publisher, saying that moral rights, the right to attribution in this case, prevented such an argument. [read post]
16 Jan 2011, 10:48 am
Copyright exclusivity suffers from fair use and independent creation, which means that a copyright offers a very different level of exclusivity. [read post]
15 Jan 2011, 2:00 pm
Anyone out there seeking clarification on Fair Use will have to wait for the next lawsuit.Fairey used a photograph of President Obama to create his iconic "HOPE" image. [read post]
14 Jan 2011, 3:36 pm
• Chapter Six: Footnotes and the Ethical Use of Borrowed Materials: Part B: Attribution, Plagiarism, and Fair Use: explains various types of “plagiarism. [read post]
13 Jan 2011, 5:44 pm
Thomas Forsythe learned this lesson the hard way during his years-long fair use fight against Barbie's maker, Mattel. [read post]
13 Jan 2011, 9:41 am
The AP, whose reporter took the photo that the poster was based on, claimed that the poster was an infringement but Fairey had claimed it was a fair use. [read post]
13 Jan 2011, 8:13 am
Interested in Copyright law and the doctrine of fair use? [read post]
13 Jan 2011, 7:22 am
In 2009, Fairey sought declaratory judgment in court that his use of the Obama image in the poster and related merchandise constituted a fair use that did not infringe on AP's copyright. [read post]
12 Jan 2011, 1:21 pm
It was unsuccessfully used to prosecute Lori Drew in the country’s first cyberbullying prosecution in 2009. [read post]
12 Jan 2011, 10:16 am
” And Fairey maintained he transformed the AP’s image enough to constitute a fair use of the work under copyright law. [read post]
12 Jan 2011, 8:55 am
One 3 Two's summary judgment brief argues that it didn't copy protectable elements of the AP's photo but, for procedural reasons, does not address fair use. [read post]
12 Jan 2011, 7:37 am
Vanderhye v. iParadigms, LLC: Electronic Databases and the Compartmentalization of Fair Use, 50 IDEA 345 (2010) Well written and admirably short student article, though the piece could have benefited from discussion of Tony Reese’s treatment of transformative content versus transformative purpose in fair use cases. [read post]
11 Jan 2011, 8:08 pm
Breaking news in the Shepard Fairey-AP lawsuit. [read post]
11 Jan 2011, 9:57 am
Addendum: For an good discussion of fair use and its complexities (in a context entirely divorced from music), see “Fair Use Controversy: The Gift That Keeps On Giving. [read post]
10 Jan 2011, 1:25 pm
You are free to use trademark protected terms like "Super Bowl" in news stories or noncommercial discussions about the event under a concept known as "nominative fair use," but use of trademarked terms in a commercial context crosses the line from acceptable to unacceptable use. [read post]
8 Jan 2011, 4:10 am
While the author claims that the “comment and criticism” aspect of “fair use” entitles him to intentionally copy the entire article from behind the Legal Intelligencer’s paywall and reproduce it on your site, such wholesale copying is, as you surely know, not consistent with fair use. [read post]
7 Jan 2011, 6:22 pm
Bertoni’s suggestion that “such wholesale copying” isn’t consistent with fair use is simply incorrect — there are dozens and dozens of examples of fair uses involving use of an entire work (where such use is necessary to the user’s critical purposes, as it was here). [read post]
