Search for: ""fair use""
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22 Nov 2010, 9:21 am
I hope you’ll read the whole thing, but the upshot is: (1) the arguments for infringement and against a fair use defense are very strong and (2) raising fair use defenses in situations where it doesn’t belong hurts everyone. [read post]
21 Nov 2010, 2:01 pm
Gawker claimed fair use — pointing to the Fair Use Wikipedia page and the Stanford University Libraries’ definition — but the matter isn’t all that straightforward. [read post]
21 Nov 2010, 7:51 am
” Under the Bridgeport Music case out of the 6th circuit a few years ago, it’s abundantly clear that all of the samples he’s using — and there are hundreds and hundreds of them; the Wikipedia page for the album has all of his fans chiming in on where he’s getting his samples from, another nice example of collaborative production — are infringements, and his “fair use” defense, though plausible, is probably pretty weak as a… [read post]
20 Nov 2010, 1:59 pm
Vids were the only examples discussed in the text as fair uses, yet the recommendation kept saying that they might not be fair use. [read post]
20 Nov 2010, 1:16 pm
The Associated Press bought a copy of the book ahead of its Nov. 23 release date [emphasis added].Note the last sentence of the AP excerpt carefully - its inclusion in the article is not accidental - with this commentary from Chris Bird on the U.S. law of fair use in mind:Under American common-law rules of fair use, publishing excerpts of a work before its publication date actively harms the case for fair use, as you are considered to be… [read post]
20 Nov 2010, 9:19 am
Mine’s not a 'fair use' case at all. [read post]
20 Nov 2010, 7:34 am
TM is about use; conceiving of the mark has no necessary relation to its use. [read post]
19 Nov 2010, 10:23 pm
Listen to the interview here: We talk about the many different legal issues surrounding podcasting and podcasters including copyright, fair use, model releases and much more. [read post]
19 Nov 2010, 4:10 pm
” Under the Bridgeport Music case out of the 6th circuit a few years ago, it’s abundantly clear that all of the samples he’s using — and there are hundreds and hundreds of them; the Wikipedia page for the album has all of his fans chiming in on where he’s getting his samples from, another nice example of collaborative production — are infringements, and his “fair use” defense, though plausible, is probably pretty weak as a… [read post]
19 Nov 2010, 1:58 pm
(It's worth noting that the online fair use summary Gawker linked to when they sarcastically mocked Palin's legal knowledge actually refers to this case specifically in discussing when something is and is not fair use.)Interestingly, were this incident to occur in Canada, fair dealing (the Commonwealth equivalent of fair use) a finding of fair dealing might be more likely, given that under Canadian caselaw -… [read post]
19 Nov 2010, 1:04 pm
IP could be a tool for exploiting the copy instead of incentivizing initial creation—duration could extend; fair use could collapse; patent ownership could default to the firm—but these are all terrible ideas. [read post]
19 Nov 2010, 9:59 am
Righthaven sued Angle after she used an article and editorial from the paper on her campaign site. [read post]
19 Nov 2010, 8:32 am
Although there is a "fair use" defense to copyright infringement, providing credit to the original photographer and/or posting the photo on a non-commercial website does not entitle one to the defense. [read post]
18 Nov 2010, 5:34 pm
– Three-strikes proposal by Piracy Committee (Spicy IP) (Techdirt) Ireland Irish Government wants file-sharing compromise, or legislation will follow (TorrentFreak) Latin America Public Knowledge joins Latinos for internet freedom (Public Knowledge) Netherlands The Hague Court of Appeals: Usenet community not guilty of copyright infringement (TorrentFreak) Sweden The Pirate Bay, one year after the tracker shut down (TorrentFreak) United Kingdom David’s fair use Silicon… [read post]
18 Nov 2010, 5:14 pm
Copying the text from the law review might past muster under "fair use" concepts, but it is "copying without attribution," plagiarism plain and simple. [read post]
18 Nov 2010, 10:17 am
This comes after Righthaven suffered a defeat at the hands of an area realtor that claimed his use of only a few sentences was a fair use and a countersuit at the hands of the EFF on behalf of Democratic Underground, a case that Righthaven has now dropped and is hoping to have dismissed. 2: Warner Bros. [read post]
18 Nov 2010, 4:00 am
A Nevada judge agreed with the real estate firm’s argument that eight of 30 sentences from a Review Journal story about the real estate market qualified as fair use of the material. [read post]
18 Nov 2010, 2:37 am
The nominative fair use doctrine is designed to prevent this type of abuse of the rights granted by the Lanham Act. [read post]
17 Nov 2010, 4:48 am
At the Electronic Frontier Foundation, probably the most well-funded public interest group working in the copyright space, lawyers have made it clear for years that they’re positively eager to litigate a case over music sampling, which they believe is a clear-cut case of fair use. [read post]
16 Nov 2010, 1:00 pm
The former do not infringe copyrights in the imitated sound recordings or their underlying musical compositions, while the latter would, subject to fair use. * The Fab Four's Christmas album, Hark! [read post]
