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15 Feb 2011, 2:34 pm by Howard Knopf
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - (1) the purpose and character of the use, including whether such use is of a 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 the copyrighted work as a whole; and(4) the effect of the use upon… [read post]
27 Apr 2008, 3:15 pm
  To complicate matters even further, fair use of a trademark and fair use of copyrighted material are subject to different standards. [read post]
24 Jul 2024, 8:29 am by centerforartlaw
In his textbook, Lehmann addresses a wide range of topics, from employment agreements to deaccessioning work, and provides a deeper dive into some major issues, such as corporate sponsorship and fair use. [read post]
13 Feb 2023, 7:54 am by Eric Goldman
  Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? [read post]
26 Mar 2018, 7:16 am by Ben
By way of illustration, Lifehacker explains that in the United States, the fair use doctrine made it permissible to use a VCR to record television at home in 1984. [read post]
5 Jul 2013, 6:24 am by Rebecca Tushnet
  A&F argued nominative fair use, which the court bolstered with a reference to the exclusions from §43(c)(3)’s ban on dilution. [read post]
24 Feb 2023, 4:39 pm by Rebecca Tushnet
Ramsey: do it w/broad fair use/general rules. [read post]
13 Apr 2018, 10:31 am by Rebecca Tushnet
Grimaldi and nominative fair use.]Jeremy Sheff: UC/TM discourse happens in the shadow of ideas about property. [read post]
10 Feb 2017, 2:05 pm by Rebecca Tushnet
Necessary for fairness & balance. [read post]
9 Apr 2019, 10:59 am by Michael Risch
First, we should incorporate cost recoupment into the fourth fair use factor. [read post]
26 Jun 2023, 7:03 am by Rebecca Tushnet
On Patrol: Live used the same two hosts and also features Curtis Wilson, who previously featured as a contributor on Live PD. [read post]
10 Aug 2017, 12:56 pm by Rebecca Tushnet
  Even though the definition of useful article states that conveying information is never functional, she found dozens of cases finding compilations functional and uncopyrightable.Intellectual Property’s Usefulness Problem, or Functionality as Fair Use – James Y. [read post]
3 Apr 2014, 12:50 pm by Rebecca Tushnet
  (2) Misuse of notices for fair use, political campaigns, copyright trolls. [read post]
27 May 2015, 1:09 pm by Rebecca Tushnet
 A: I don’t think we need to confuse exhibition with fair use for learning purposes. [read post]
16 Apr 2020, 6:56 am by Rebecca Tushnet
” This fact also made the use of Chanel’s mark necessary to identify TRR’s goods, for nominative fair use. [read post]
21 Sep 2017, 5:06 am
This is actually a long-running joke among Copyright Office staff, but most of us don’t have windows. [read post]
16 Feb 2018, 11:00 am by Rebecca Tushnet
Could consider transformativeness of the taking into our assessment of substantial similarity, rather than waiting for fair use and fair dealing. [read post]