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7 Jan 2011, 7:09 am by David Post
I’m quoting the article in its entirety, because it is posted online behind a subscription firewall (and, lest our lawyers get worried, I’m relying upon the fair use doctrine’s protection for “criticism and commentary” in so doing):Judge Greenlights Cell Phone App Copyright Claims Shannon P. [read post]
6 Jan 2011, 9:49 am by Gregory Forman
”  My conclusion was that much, but not all, of the digital sampling being done by rappers qualified as fair use. [read post]
6 Jan 2011, 8:18 am
If so, does this matter for the purpose of a fair use analysis based on a claim of transformativeness? [read post]
6 Jan 2011, 5:54 am by Rebecca Tushnet
On a motion to dismiss, the court ruled that the use of plaintiff’s technical drawing of its RV floor plans in a comparative ad might or might not be fair use. [read post]
5 Jan 2011, 3:23 pm by Mary Minow
Danner. ======================================================================== Eli Edwards is an intern and Content Minion of the Stanford Copyright & Fair Use site. [read post]
5 Jan 2011, 4:12 am by SHG
We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. [read post]
4 Jan 2011, 6:18 am
Constitution, protect freedom of expression and the "fair use" of trademarks in works such as movies and television shows. [read post]
4 Jan 2011, 6:17 am by Jeff Neuburger
The Ninth Circuit also left for future consideration the issue of whether fair use is a defense to a prima facie violation of Section 1201, because MDY did not claim that the use of Glider was protected by the doctrine of fair use. [read post]
4 Jan 2011, 6:00 am by The Dear Rich Staff
Constitution, protect freedom of expression and the "fair use" of trademarks in works such as movies and television shows. [read post]
4 Jan 2011, 1:00 am by Lon Sobel
The University of Michigan Journal of Law Reform has published Protecting Nominative Fair Use, Parody, and Other Speech-Interests by Reforming the Inconsistent Exemptions from Trademark Liability, a Note by New York City lawyer (and University of Michigan Law School grad) Samuel M. [read post]
2 Jan 2011, 9:51 am
For example, the notion of “fair use” or “fair dealing” may simply not be appropriate, especially where TCEs are in some way sensitive or sacred. [read post]
1 Jan 2011, 5:17 pm by Rebecca Tushnet
The artist/curator challenges Google’s imperial claims and questions the company’s right to be the only one framing our cognitions and perceptions.We know that Google's thumbnails, by aggregating images for a different purpose than the individual orginals, are transformative and therefore fair use. [read post]
1 Jan 2011, 10:34 am by Howard Knopf
Some of these shortcomings still exist, such as the work for hire doctrine and the absence of moral rights protection other than for visual works.Ironically, the USA has far more generous fair use provisions than does Canada - at least compared to the current state of jurisprudence regarding "fair dealing" according to one panel of the Federal Court of Appeal in upholding the narrow view of the Copyright Board in the CMEC K-12 decision. [read post]
30 Dec 2010, 7:31 pm by Kelly
Morel (Technology & Marketing Law Blog) (Photo Attorney) (Techdirt) US Copyright – Lawsuits and strategic steps RapidShare – RapidShare shows MPAA/RIAA: We can lobby lawmakers too (TorrentFreak) US Trademarks & Domain Names 2010 Trend Watch Update: Fair use of trademarks (Electronic Frontier Foundation) US Trade Marks & Domain Names – Lawsuits and strategic steps Google – Google files unredacted brief: Rosetta Stone v. [read post]
30 Dec 2010, 5:10 pm by Mary Minow
Danner, Rufty Research Professor of Law and Senior Associate Dean for Information Services at Duke Law School. ======================================================================== Mary Minow is the Executive Editor of the Stanford Copyright & Fair Use site. [read post]
30 Dec 2010, 8:20 am by Steve Baird
"Hot Wheels" Casino Promotion: Apparently Not a Toy Story Nominative Fair Use of Trademarks in Domain Names Has The Structure Brand Crumbled? [read post]
28 Dec 2010, 8:56 am by Lon Sobel
Market Thoughts Defending Fair Use Against Technological Blocks Art Meets Commercialism Meets Lawsuit: Blurring the Line Between Art and Merchandise Can Be Perilous The Changing Face of [read post]