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7 Oct 2010, 6:41 pm by Ben Sheffner
YouTube can re-post the video at any time; yes, it would lose the DMCA safe harbor as to this video, but it doesn't need any safe harbor given that the Ohio Democratic Party's inclusion of the clip is almost certainly a non-infringing fair use. [read post]
7 Oct 2010, 11:02 am by Eric
Sept. 17, 2010), the judge overturned the defendant’s default & suggested that the defendant’s fair use/implied licenses defenses could succeed [read post]
7 Oct 2010, 3:55 am
However, when addressing the defense’s fair use arguments, the French court distinguished between the trade name and the shop name ... and the context behind the company name .... [read post]
6 Oct 2010, 7:12 am by Andrew McDiarmid
The media companies’ approach is problematic because the way campaigns tend to use news footage is almost certainly protected under the fair use doctrine, and thus should not be subject to DMCA takedowns. [read post]
6 Oct 2010, 4:05 am
    We’ll keep an eye on this one because there could be some interesting discussions about the fair use of the trademark in regards to the title of the TV show (REHAB is a pool party at the Hard Rock Hotel and Casino; that is truthful and descriptive), as well as whether the Hard Rock Hotel and Casino in Las Vegas has generated goodwill separate from HRCI’s marks. [read post]
6 Oct 2010, 2:33 am by gmlevine
§1125 (d)(1)(B)(ii): Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful. [read post]
6 Oct 2010, 12:26 am by Michael Geist
This is crucial, since it means that any anti-circumvention protection can still be made subject to fair dealing or fair use as well as any consumer exceptions. [read post]
5 Oct 2010, 1:08 pm by Thomas P. Gulick
Courts have struggled with the problem of non-commercial uses especially under the fair use doctrine, but commercial/non-commercial uses are not the only factor. [read post]
4 Oct 2010, 2:46 pm by Media Law Prof
Liu, Boston College Law School, has published Toward a Defense of Fair Use Enablement, or How U.S. [read post]
4 Oct 2010, 1:19 pm by Betsy McKenzie
(snip)The misuse of the existing DMCA provisions have had a tremendously damaging impact on fair use and free expression. [read post]
4 Oct 2010, 3:10 am by Peter Hirtle
  The question would then be whether a student making a single copy of a brief work for educational purposes is a fair use. [read post]
1 Oct 2010, 1:41 pm by Cicely Wilson
Using the search box at the top of the page, start by typing in your area of interest, e.g., fair use. [read post]
1 Oct 2010, 1:41 pm by Cicely Wilson
Using the search box at the top of the page, start by typing in your area of interest, e.g., fair use. [read post]
1 Oct 2010, 11:43 am by Kevin Smith
  This testimony seems to confirm the fear that a ruling against fair use would dramatically limit the course materials available to students; the upshot seems to be that a ruling against fair use would have significant negative social consequences and little real benefit for the plaintiffs. [read post]
1 Oct 2010, 8:56 am
Norsigian and his lawyer have a pretty good fair use defense as to the trademark claims. [read post]
1 Oct 2010, 8:16 am
The first is that copyright and fair use evolved together. [read post]
30 Sep 2010, 9:01 am by Jonathan Bailey
However, DU argues that they are not liable as the content was posted by a user and, also according to them, was a fair use. [read post]
29 Sep 2010, 6:07 pm by Gordon Firemark
Aftermath Records US 9th Circuit Opinion 2nd Circuit ruled (just yesterday (9/28)) against ASCAP (ASCAP v. [read post]