Search for: ""fair use""
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24 Jun 2010, 1:29 pm
It should be noted that Mulligan does not consider the possibility that fair use might actually support her contention that “remixing isn’t stealing,” even if industry lawyers would disagree. [read post]
24 Jun 2010, 12:59 pm
Faegre & Benson missed out on one thing: This alleged infringement of the National Pork Board's trademark is (probably) protected by fair use... as parody.Remember when the product was introduced? [read post]
24 Jun 2010, 10:55 am
Internet chapter exports statutory damages and secondary liability but without any of the US’s restrictions like fair use, which protects Google here. [read post]
24 Jun 2010, 4:36 am
Underlying litigation was a fair use debate: scanning books for a plausible fair use, snippets. [read post]
24 Jun 2010, 3:43 am
We used to be exactly like them. [read post]
23 Jun 2010, 6:39 pm
Note, fair use is a possible defense when works are publicly viewable -- it all depends on context (is the work the heart of the picture) and use (is it transformative)? [read post]
23 Jun 2010, 5:26 pm
Assume such scanning to be infringing though I do understand that some contend that such full-scale digitization might be fair use under some circumstances. [read post]
23 Jun 2010, 2:40 pm
By insulating service providers from liability for infringements by their users, the Judge Stanton concluded, the DMCA makes perfect sense because it would be far too burdensome for the service provider to make individual judgments on each of its user’s activities to determine whether those activities were infringing: The infringing works . . . may be a small fraction of millions of works posted [on the service provider’s] platform, [and the service provider] cannot by inspection whether… [read post]
23 Jun 2010, 1:41 pm
Stanton ruled that YouTube had no way of knowing whether a video was licensed by the owner, was a “fair use” of the material “or even whether its copyright owner or licensee objects to its posting. [read post]
23 Jun 2010, 7:41 am
In general, for someone other than the copyright owner to use a copyrighted work (e.g., to copy or distribute it), he or she must get a license from the copyright owner (setting aside exceptions such as fair use). [read post]
22 Jun 2010, 9:59 pm
Filed under: Copyright Infringement, Fair Use, First Amendment, Literary Materials, Trademark Dilution Act Tagged: Copyright Infringement, Fair Use, First Amendment [read post]
22 Jun 2010, 3:40 pm
The fourth fair use factor is not the only fair use factor. [read post]
22 Jun 2010, 12:45 pm
But the document turned out to be fairly innocuous; fair use even gets a few mentions. [read post]
22 Jun 2010, 12:29 pm
If there’s no written agreement between the parties, one has to look at what both sides intended, including what use was to be allowed/disallowed. [read post]
22 Jun 2010, 11:55 am
Copyright Czar Victoria Espinel unveiled Tuesday the Obama administration’s first “Joint Strategic Plan” concerning intellectual property enforcement — and she gave a big nod to fair use. [read post]
22 Jun 2010, 9:23 am
The Obama Administration has always embraced the free flow of information, online collaboration, and fair use by average citizens, which are also helping to advance our society and economy every day -- this strategy does not target legitimate and legal activity. [read post]
21 Jun 2010, 8:03 pm
,(Docket Report) US Patents – Lawsuits and strategic steps B&R Plastics - ALJ Bullock grants motion to withdraw complaint and terminate investigation in certain foldable stools (337-TA-693) (ITC Law Blog) Chrysler Group - ITC institutes investigation (337-TA-722) regarding certain automotive vehicles based on complaint by Chrysler (ITC Law Blog) Cross Match Technologies - ITC institutes investigation (337-TA-720) regarding certain biometric scanning devices, based on… [read post]
21 Jun 2010, 9:25 am
However, there is some legal consensus (at least in the U.S.) that thumbnail-styled reductions are permissible as fair use when used for informational purposes--for example, search results, historical timelines, etc. [read post]
21 Jun 2010, 8:39 am
Another would narrow fair use exemptions, specifically to block “caching” by the search engines. [read post]
21 Jun 2010, 12:12 am
There is little possibility that a fair and balanced agreement that protects and promotes public interests can evolve from such a distorted policy making process. [read post]
