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23 Jul 2019, 11:38 am by Rebecca Tushnet
With the able assistance of UCI's IP clinic, led by Jack Lerner, I worked on an amicus brief in this case arguing that fair use should continue to be a flexible standard that accommodates various types of transformativeness. [read post]
28 Aug 2018, 10:44 am by Rebecca Tushnet
  At this stage, the court couldn’t evaluate the nominative fair use factors (whether use is necessary to identify the defendant’s product or service—seriously? [read post]
16 Aug 2012, 10:12 am by Betsy McKenzie
She laid out clear rules for how universities can and cannot use textbook versus non-textbook materials and still fit within fair use guidelines. [read post]
27 Apr 2010, 1:00 pm
Fair use and other limitations on copyright themselves generate significant economic activity—$4.7 trillion in 2007. [read post]
26 May 2023, 6:42 am
The Court took a narrow approach, explicitly declining to reach the question of whether Warhol’s original work would qualify for a fair use defense, holding only that the 2016 use did not. [read post]
18 Jun 2009, 1:17 pm
This article raises some interesting points about the new regulatory reforms and the fairness of securities arbitration. [read post]
13 Jul 2022, 9:16 am by Caroline Rimmer
After analyzing all four fair use factors, the Court found that @CallMeMoneyBags’s use of the images was in fact fair use and, as such, Bayside was unsuccessful in establishing its prima facie case. [read post]
21 May 2009, 5:31 am
  And it does not seem that fair use would do those students or their professor any good at all, even if they were in the US. [read post]
31 Aug 2016, 10:00 am by Paul Caron
Tax Rev. 1 (2016): If passed into law, the Marketplace Fairness Act would impose a federal duty on out-of-state sellers to collect a state-defined and state-benefitting use tax. [read post]
22 Apr 2016, 1:55 am by Paul Caron
Tax Rev. ___ (2016): If passed into law, the Marketplace Fairness Act would impose a federal duty on out-of-state sellers to collect a state-defined and state-benefitting use tax. [read post]
1 May 2014, 6:42 am by landuseprof
Please join us in Pittsburgh May 22 for the grand opening event for the Nation’s first environmental legal services residency program, Fair Shake Environmental Legal Services. [read post]
11 Oct 2022, 6:58 am by Dennis Crouch
Further, although “message and meaning” is an aspect of fair use, it not found in the statutory nor intended by its creator (Judge Leval) to fully explain fair use. [read post]
15 Sep 2015, 2:01 pm by 500law
Universal Music Corp.[1], the Ninth Circuit found that a copyright holder who intends to send a Digital Millennium Copyright Act (“DMCA”) takedown notice must first consider whether the potentially infringing material […] The post Ninth Circuit rules that DMCA Takedown Notices Must First Consider Fair Use appeared first on Santucci Priore, PL. [read post]
7 Jul 2014, 1:56 pm by 500law
Section I:  Introduction In today’s world, the growing popularity of Electronic Dance Music, commonly known as “EDM,” is rapidly revolutionizing music, reviving rave culture from the 1990s, but at the same time, is further complicating the world of music sampling in copyright law.[1]  As a result of its popularity in dance clubs, the infatuation with […] The post Electric Dance Music: Creating Fair Use in Music Sampling Under the Copyright Law… [read post]
6 Aug 2008, 6:52 am
William McGeveran (University of Minnesota Law School) has posted Rethinking Trademark Fair Use (Iowa Law Review, Vol. 94, 2008) on SSRN. [read post]