Search for: ""fair use""
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23 Jul 2010, 5:59 am
I have no desire to defend large-scale sharing of music or movie files without authorization, and I fear that more legitimate uses of the fair use defense will be undermined if it is raised too often in these cases. [read post]
23 Jul 2010, 1:29 am
Power.com’s affirmative defenses: The court previously struck Power.com’s affirmative defenses of copyright misuse and fair use. [read post]
22 Jul 2010, 11:30 am
Generally, the transformative nature of a use is considered single most important element of a fair use defense.Furthermore, Walker was engaging in both parody and commentary, two of the most protected kinds of speech on fair use issues. [read post]
22 Jul 2010, 11:19 am
Cardozo School of Law, has published Publishing Raymond Carver's 'Original' Stories as 'Fair Use' in volume 7 of the Cardozo Public Law, Policy and Ethics Journal (2008/2009). [read post]
22 Jul 2010, 10:43 am
Much as we know but ignore the fact that there is a limit to our use of natural resources, so we should acknowledge, but do not, that there will come a time when everyone will have to agree that, even if we can shelter from the worst of the security winds blowing from the south, because of their sheer complexity laws and the law-making process stopped being fair, useful, or just some time back. [read post]
21 Jul 2010, 8:17 pm
Is it a fair use to reproduce a complete article? [read post]
21 Jul 2010, 1:07 pm
Defendant brought a UDRP and for the reasons described in this decision, the panelist held that plaintiff's use exceeded a four part test of fair use by a re-seller: 1 the respondent must actually be offering the goods or services at issue; 2 the respondent must use the site to sell only the trademarked goods; otherwise, it could be using the trademark to bait internet users and then switch them to other goods; 3 the site must accurately… [read post]
20 Jul 2010, 10:24 am
That being said, there is a great deal of legitimate uncertainty as to whether or not the calling functions constitutes a derivative work and a strong potential fair use argument that casts a shadow over that analysis.In short, my most honest answer is “I don’t know” and I don’t believe anyone does. [read post]
20 Jul 2010, 10:11 am
We asked fair use specialist Michael Donaldson for his take on one of the toughest issues in the nonfiction film world ... [read post]
20 Jul 2010, 2:27 am
The nominative fair use doctrine is designed to prevent this type of abuse of the rights granted by the Lanham Act. [read post]
19 Jul 2010, 9:22 pm
Some stuff I post can be re-used in ways that constitute fair use. [read post]
19 Jul 2010, 11:23 am
Camara argued that Thomas-Rasset had a fair use right to file share on Kazaa. [read post]
19 Jul 2010, 12:25 am
(Chicago IP Litigation Blog) US Patents – Lawsuits and strategic steps Radiodetection – ITC institutes investigation (337-TA-727) regarding certain underground cable and pipe locators (ITC Law Blog) US Copyright Bill H.R. 5704 would curb access to Government works (Public Knowledge) Copyright termination: How authors can reclaim their copyrights (IP Osgoode) US Copyright – Decisions Ninth Circuit Court of Appeals guts ‘first sale’: Costco v… [read post]
16 Jul 2010, 3:58 pm
An extraordinary video, Auschwitz survivor dances with his grandchildren at Auschwitz to Gloria Gaynor's "I Will Survive".News "Dancing Auschwitz" artist unbowed by criticism Purchase Copyright Litigation Handbook from West here tweetmeme_source = 'raydowd'; Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. [read post]
16 Jul 2010, 6:26 am
Fair use? [read post]
16 Jul 2010, 2:10 am
Bradley John Lawless (IP Whiteboard) Belgium ISPs don’t have to block The Pirate Bay, Court rules (TorrentFreak) Brazil US could learn from Brazilian penalty for hindering fair use (ArsTechnica) Canada The Digital Economy Strategy Consultation: My submission (Michael Geist) Digital Economy Strategy Consultation: Pelmorex calls on Government to open data (Michael Geist) Digital Economy Strategy Consultation: Access Copyright slams C-32 (Michael Geist) Ashley Madison… [read post]
15 Jul 2010, 5:25 am
Republished by Blog Post PromoterMore pain, very little gain — besides for lawyers’ college funds — in the roiling world of trademark fair use. [read post]
14 Jul 2010, 6:09 pm
Tabari reversed, holding that the brokers' use of the Lexus mark in their domain names was a lawful nominative fair use. [read post]
14 Jul 2010, 5:03 pm
(Complaint here; Courthousenews coverage here).I don’t know how Canadian courts handle this kind of case up north, but down here, we would call this a pretty strong example of a) non-commercial, fair use of a party’s trademark and b) using allegations of trademark infringement in a lawsuit to quash the lawful exercise of free speech.Of course, is it really no surprise that a company whose entire business model is established around encouraging extra-marital… [read post]
14 Jul 2010, 2:08 pm
" Further, once a "defendant seeking to assert nominative fair use as a defense...show[s] that it used the mark to refer to the trademarked good," the trademark owner bears the burden of disproving nominative use. [read post]
