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25 Aug 2010, 6:00 pm by Gordon Firemark
In this Episode: Follow Ups:  Justin Bieber; Tenenbaum, Kate Plus 8 Fleeting Expletives JayZ wins A few Fair Use cases Copyrights, Trademark cases Some BIG wins for plaintiffs in profit participation suits. [read post]
   This code  has been developed to help creators of videos understand the fair use defense. [read post]
25 Aug 2010, 6:54 am by Ray Dowd
The principles considered, such as "work for hire" and the "fair use doctrine" apply to all creative and commercial endeavors that use copyrighted materials and should be of interest to those in intellectual property, business law, employment law and litigation.Faculty: Program Chair & Faculty: Raymond J. [read post]
24 Aug 2010, 8:49 am by christopher
We post learned articles on the latest cases, cover the popular news stories with embedded legal issues, and banter back on forth on fair use, net neutrality, and the other issues of the day which we perceive relevant to our core practice. [read post]
23 Aug 2010, 10:13 pm by Michael Atkins
“The same is true of Victoria’s Secret’s reliance on the Lanham Act’s fair use defense. [read post]
23 Aug 2010, 9:17 pm by Michael Geist
  Opposition to the inclusion of education is therefore based on fears that there are currently educational uses that fall outside the current list of categories that a fairness analysis would determine are fair uses. [read post]
23 Aug 2010, 11:46 am by Venkat
Moreover, defendants in § 43(a) cases may still argue that their use is a permissible fair use. [read post]
23 Aug 2010, 10:49 am by Ben Sheffner
Fairey made of its photo is not fair use, but one that should have been licensed so as to help ensure the AP's photographers will be able to continue creating new works. [read post]
23 Aug 2010, 8:07 am by Jonathan Bailey
Fairey argues his use of the image was a fair use though recently avoided sanctions for providing false evidence in the case.2: Welcome to the Dollhouse: Bratz-Barbie Fight Takes Nasty New TurnNext up today, the MGA/Mattel case over the Bratz doll line has taken a new twist. [read post]
21 Aug 2010, 11:38 am by Ray Dowd
JIPL Journal of Intellectual Property Law JLTECH Journal of Law and Technology JMARJCIL John Marshall Journal of Computer and Information Law JMARRIPL John Marshall Review of Intellectual Property Law JPNPATLIT Japanese Patent Litigation JPTOS Journal of the Patent and Trademark Office Society LAWLIT Law and Literature LBCOMPSW Law and Business of Computer Software LCOMTECH Law of Computer Technology LEGALWORKS LegalWorks Newsletter Multibase LICENSATM Licensing and the Art of Technology Management… [read post]
21 Aug 2010, 3:00 am by Steve Baird
Of course, other activities that fall short of logo use may too, but activities simply and truthfully representing that one repairs Volvo automobiles, without more, should be fair use -- nominative fair use of a trademark, that is. [read post]
20 Aug 2010, 9:27 pm by Lawrence Solum
Fair use as a matter of law must favor fair users. [read post]
20 Aug 2010, 3:27 pm by pfriedman
Negativland are interested in intellectual property rights, and argue that their use of U2’s and others’ material falls under the fair use clause. [read post]
20 Aug 2010, 12:48 pm by Tim Armstrong
Dire predictions followed about how the DMCA would restrict fair use, distort competition, erode privacy, and jeopardize academic research. [read post]
19 Aug 2010, 10:37 am by Laura Orr
Ultimately, only a federal court can determine whether a particular use is, in fact, a fair use under the law.... [read post]
19 Aug 2010, 10:33 am by Jonathan Bailey
However, the court also found in this case that the cached copy was transformative enough to be considered a fair use and that, even without this license, Google’s use would not be an infringement. [read post]
19 Aug 2010, 7:56 am by Jonathan Bailey
It is unclear how that argument will fly but other arguments, including jurisdiction and fair use issues, are being raised in this and other Righthaven cases.2: Negotiators Confirm ACTA Not Really a “Counterfeiting” TreatyNext up today, negotiators for the controversial ACTA treaty held a luncheon where some outsiders were allowed. [read post]
18 Aug 2010, 6:15 pm by pfriedman
At the heart of the fair use analysis is the nature of the allegedly infringing work. [read post]