Search for: ""fair use""
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3 Jun 2010, 12:06 pm
This ruling also signals that the Second Circuit will take a dim view of fair use claims in P2P file sharing cases and might import the Napster standards for secondary infringement claims [read post]
3 Jun 2010, 10:30 am
The subject of the DMCA notice makes similar statements claiming that the work is not an infringement, either that they hold the rights to it or their use of it is legal (fair use, licensed, etc.) and that the original notice was filed in error.2. [read post]
3 Jun 2010, 7:55 am
SACV-09-0481)--alleging infringement under the Copyright Act [17 U.S.C. sec. 101 et seq], as well as asserting claims under the Lanham Act [15 U.S.C. sec. 1051 et seq] and unfair business practices under the California Business & Professions Code [sec. 17200 et seq.].Reportedly, the tentative decision rejects DeVore's First Amendment fair use argument as a basis for using Henley's tunes. [read post]
2 Jun 2010, 11:27 pm
” In a footnote, the court added: “Even if the Court were to conclude that the nominative fair use test should be applied to Defendants’ use of HENDRIX in Defendants’ URL addresses and business names, the Defendants have not satisfied the nominative fair use test. [read post]
2 Jun 2010, 1:44 pm
A Judge in California District Court ruled that politician Chuck Devore’s new lyrics to “The Boys of Summer” and “All She Wants to Do is Dance” are not a fair use under the Copyright Act. [read post]
2 Jun 2010, 6:53 am
While this leaves innovative businesses without the benefit of flexible fair dealing and Canada still short of the U.S. fair use provision, it is a pretty good compromise. [read post]
2 Jun 2010, 6:23 am
” Content owners have repeatedly pushed for extreme, or simply non-legal, readings of copyright and fair use, most famously in the Lenz case dealing with bogus takedown notices (and a dancing baby) and the recent Jammie Thomas case dealing with excessive statutory damages. [read post]
2 Jun 2010, 6:13 am
AP reported last week that in the lawsuit about whether Shepard Fairey’s use of an AP photograph as source material for his Obama Hope poster constituted fair use of the copyrighted photo, the judge, Alvin Hellerstein (with whom I worked 25 years ago), stated in a hearing last week that “I have a feeling … that whether it’s sooner or later, The Associated Press is going to win,” First, of course, I am convinced as a legal matter that… [read post]
2 Jun 2010, 4:09 am
Finally, defendants' was not a fair use because lettuce was not descriptive of their service. [read post]
2 Jun 2010, 2:24 am
In the first case, the registration and use is abusive; in the second, it is fair under the nominative fair use principle. [read post]
1 Jun 2010, 10:29 pm
The Supreme Court of Canada has ruled that Canada's fair dealing provision - which is similar though not identical to fair use in the U.S. - must be interpreted in a broad and liberal manner. [read post]
1 Jun 2010, 6:49 pm
I think this post from Legalgeekery will give book publishers a heart attack (including mine), but it shows that if Google hadn't started this, they would have lost the whole market. [read post]
1 Jun 2010, 4:50 pm
Barbara Boxer (D-CA) and President Obama were fair use "parodies. [read post]
1 Jun 2010, 10:16 am
" Keynote speakers include Peter Jaszi, Professor of Law, American University Washington College of Law, who will speak about fair use, and William Patry, Senior Copyright Counsel at Google, Inc. [read post]
1 Jun 2010, 8:18 am
This nudging, however, did not sway the two sides much, with Fairey’s attorneys still saying he has a strong fair use case and the AP saying they wish to seek damages, despite the suggestion they be dropped. [read post]
31 May 2010, 5:02 pm
The moral of the story is that if you don't have permission (and you're not engaging in "fair use" by, for example, quoting a bit of an article to offer critique on the article) then you can't just reproduce someone else's article, photograph, song, etc. [read post]
31 May 2010, 10:08 am
Congress from reforming the Digital Millennium Copyright Act (DMCA), which makes it a crime to defeat copy protection even when making a copy is perfectly legal; Require all countries to implement DMCA-like laws for their own populations, without the benefit of fair use or other legal exceptions that provide a modicum of protection for speech; Threaten potential innovators with outrageous financial penalties for copyright infringement; and Criminalize even non-commercial… [read post]
31 May 2010, 10:04 am
[image used from the BPGlobalPR account - I'm pretty sure it's fair use...I did put a brown sludge-colored border around it!] [read post]
29 May 2010, 8:41 pm
Session V (Infringement Exemptions, Fair Use, and Exhaustion) Patent Act §287(c)(1): methods of surgery are patentable, but not enforceable against doctors, helping personnel, or institutions in which they’re done—Dan Burk says it’s a complicated and unclear provision. [read post]
28 May 2010, 9:50 pm
Prototype of latter used old bike and other materials to hand. [read post]
