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7 Sep 2010, 12:06 pm
In the end, the best Weldon can suggest is that the moral rights that underlie this controversy would support a fair use defense if Gallagher decided to go ahead and publish in spite of the threats from Knopf. [read post]
7 Sep 2010, 5:49 am
(Yes, they could invoke fair use, which is plausible given the opacity of that doctrine, but given the penalties for copyright infringement that would force Google to take a risk that it evidently chose not to take.) [read post]
6 Sep 2010, 12:36 pm
Republished by Old Post PromoterProfessor Eric Goldman writes about the latest unfortunate development in the extension of “initial interest confusion,” that “infringement” of the Lanham Act that continues the trend eviscerating the doctrine of nominative fair use. [read post]
4 Sep 2010, 4:30 am
Before we even bother with issues like "fair use," the plaintiff has to show that likelihood of confusion. [read post]
3 Sep 2010, 12:58 pm
But the judge rejects the fair use defense by assuming that the issue is descriptive fair use rather than nominative fair use. [read post]
3 Sep 2010, 6:36 am
[M]any students simply do not grasp that using words they did not write is a serious misdeed. [read post]
2 Sep 2010, 11:39 pm
" According to Minnesota State Fair officials, Bachmann's use of the above Minnesota State Fair logo is likely to lead viewers to incorrectly believe that the Minnesota State Fair approves Congresswoman Bachmann's message or has endorsed her campaign. [read post]
2 Sep 2010, 8:43 pm
As for parody, fair use and all that, you can give it a shot though these schools don't mess around when it comes to licensing revenue. [read post]
1 Sep 2010, 2:54 pm
Fair Use, Free Speech and Social ValueAnthony Falzone, Esq. [read post]
1 Sep 2010, 11:34 am
Baehr Fair Use Through the Lenz of § 512(c) of the DMCA: A Preemptive Defense to a Premature Remedy? [read post]
1 Sep 2010, 6:30 am
Furthermore, Respondent makes no claims that he is somehow making a legitimate non-commercial or fair use of the domain name. [read post]
31 Aug 2010, 1:24 pm
In DeVore’s cross-motion for summary judgment, he claimed the fair use defense. [read post]
31 Aug 2010, 2:17 am
Where, without knowledge and in some instances with it (nominal fair use) [SAP AG v. [read post]
30 Aug 2010, 1:31 pm
(Photo courtesy Steve Gibson, Righthaven) See Also: Newspaper Chain’s New Business Plan: Copyright Suits Copyright Troll Loses High-Stakes Unix Battle It’s Baaaack … Appeals Court Resurrects SCO Lawsuit ACTA Draft: No Internet for Copyright Scofflaws Judge: Copyright Owners Must Consider ‘Fair Use’ Proposed Copyright Law a ‘Gift’ to Hollywood, Info Groups Say DMCA Abuser Apologizes, Will Take Copyright Law Course Study: Fair… [read post]
30 Aug 2010, 12:19 pm
The Panel found that “Respondent’s failure to make an active use of the disputed domain name for the last three years is evidence that Respondent lacks rights and legitimate interests in the disputed domain name as Respondent is not using the disputed domain name for either a bona fide offering of goods and services pursuant to Policy ¶ 4(c)(i) or a legitimate noncommercial or fair use pursuant to Policy ¶ 4(c)(iii). [read post]
27 Aug 2010, 3:31 am
Another Panel similarly held: “If use following complaints were taken into account, the Policy could be rendered wholly ineffective by respondents rapidly posting websites which ostensibly constituted fair use of disputed domain names,” Poker Host Inc. v. [read post]
27 Aug 2010, 2:00 am
Astute readers will recognize this fact as raising the issue of nominative fair use. [read post]
26 Aug 2010, 9:41 pm
No. 337-TA-661 (ITC 337 Update) US Copyright Estimating the economic impact of Google Book search (Michael Geist) Broadcasters: FM radio on cell phones just ‘sound public policy’ (ArsTechnica) CEA calls out broadcasters over cell phone-FM radio wishlist (ArsTechnica) US Copyright – Decisions World of Warcraft computer game maker scores big in battle against infringers (IP Law Blog) US Copyright – Lawsuits and strategic steps… [read post]
26 Aug 2010, 9:08 pm
Rather, any use must still meet the fairness test. [read post]
26 Aug 2010, 12:20 pm
By Eriq Gardner EXCLUSIVE: How many times will Rupert Murdoch's gripes about "fair use" come back to bite him in the rear? [read post]
