Search for: ""fair use""
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15 Dec 2010, 1:53 pm
The "fair use" provision, like "fair dealing" inCanada, also involves two tests to determine whether a "use" is fair. [read post]
14 Dec 2010, 10:38 pm
Second, if it does qualify, is the use itself fair. [read post]
14 Dec 2010, 9:46 pm
In contrast to US copyright law, flexible elements, such as an open-ended fair use provision, are sought in vain. [read post]
14 Dec 2010, 1:57 pm
Declares iPhone Jailbreaking Legal, Over Apple’s Objections Judge Bars ‘Fair Use’ Defense in Xbox Modding Trial Prosecutors Dismiss Xbox-Modding Case Mid-Trial [read post]
14 Dec 2010, 7:36 am
What is clear is that given the many perils of misplaced reliance on what one believes to be a “fair use,” artists should not assume this is a watershed case, opening the floodgates to the use of popular licensed characters. [read post]
14 Dec 2010, 5:00 am
If it really is a documentary, is it a fair use? [read post]
13 Dec 2010, 11:08 am
” See Also: Copyright Troll Demands Drudge Report Domain Name Newspaper Chain’s New Business Plan: Copyright Suits Viacom Says YouTube Ruling Will ‘Completely Destroy’ Copyright … Copyright Czar Backs IP Enforcement, ‘Fair Use’ Supreme Court Gets RIAA Copyright Case Cooks Source Copyright Infringement Becomes an Internet Meme [read post]
13 Dec 2010, 10:00 am
The Rosetta Stone case also involves nominative fair use issues, similar to the 2nd Circuit case Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93, (2d Cir. 2010), where the 2nd Circuit held that a defendant “may lawfully use a plaintiff's trademark where doing so is necessary to describe the plaintiff’s product and does not imply a false affiliation or endorsement by the plaintiff of the defendant. [read post]
13 Dec 2010, 4:01 am
Although I had been aware a review of UK copyright law was under way with a view to potentially incorporating US style fair use provisions, I was not following its fine details closely. [read post]
12 Dec 2010, 5:34 pm
Of course, there's lots of excellent defenses, such as newsworthiness, Free Speech, fair use (to claims of copyright infringement), and, of course, implied consent. [read post]
12 Dec 2010, 1:35 pm
”[10] The court, analyzing the same four factors noted above (under the subheading “Fair Use”), held that Nelson’s use was fair use and the lawsuit was dismissed. [read post]
12 Dec 2010, 12:10 pm
Much of the argument, of course, centers around fair use. [read post]
11 Dec 2010, 4:53 am
The entrepreneurial copyright litigation firm has also now signed up the Denver Post as a new affiliate, and has made a splash by suing the owner of the Drudge Report over its use of a photo allegedly swiped from the Colorado newspaper, an offense (if proven) presumably not as readily defended under “fair use” doctrine as some others over which it has sued. [read post]
11 Dec 2010, 2:38 am
The question is, Is it appropriate to employ the latter procedure for domain names incorporating trademarks that are commercial in nature, rather than “noncommercial and fair use”? [read post]
10 Dec 2010, 5:41 pm
SOCIETY OF THE HOLY TRANSFIGURATION MONASTERY, INCORPORATED v. [read post]
10 Dec 2010, 6:02 am
Legal scholars spend a lot of time thinking about the free-speech implications of copyright (fair use) and, to a lesser extent, trademarks, but not so much about patents. [read post]
10 Dec 2010, 4:10 am
The court rejected various challenges to the validity of the monastery's copyrights and also rejected defendants' fair use defense. [read post]
9 Dec 2010, 12:12 pm
Righthaven has typically gone after those who post news excerpts of its partners, such as the Las Vegas Review-Journal, but pledged to be more discretionary after being handed a defeat in court by a judge who recently ruled that one of its targets had "fair use" to its work. [read post]
9 Dec 2010, 8:03 am
Righthaven had sued Democratic Underground claiming copyright infringement of Review-Journal content but dropped the case after the EFF offered a defense and made a fair use claim that seemed likely to succeed. [read post]
7 Dec 2010, 9:07 pm
Hipple also asserted a fair use defense. [read post]
