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14 Apr 2010, 6:32 am
Fairey’s fair use defense? [read post]
13 Apr 2010, 10:44 am
DRM circumvention and weak, unpredictable fair use provisions give far too much power to copyright holders, especially large ones, in many areas.Bias Toward Large Copyright Holders: Under the current system, especially in the U.S., only large copyright holders can afford to enforce their rights in court. [read post]
13 Apr 2010, 10:14 am
– once again raises the question of what is fair use. [read post]
12 Apr 2010, 1:59 pm
No copyright lawyer wants to open up that Pandora's box, but when copyright owners start suing political adversaries, my bet, based on the "core protected speech" caselaw is that free political discourse will ultimately win.But the devil is in the details, I would need to know more.Copyrights & Campaigns: Chuck DeVore moves for summary judgment in Don Henley copyright suit; argues fair use of songs in 'parody' videosCopyright Litigation… [read post]
12 Apr 2010, 5:28 am
(Copyright Litigation Blog) US Copyright – Lawsuits and strategic steps Associated Press – AP wins discovery rulings in Shepard Fairey case, hires UCLA’s Doug Lichtman (Copyrights & Campaigns) DeVore, Chuck – Chuck DeVore moves for summary judgment in Don Henley copyright suit; argues fair use of songs in parody videos (Copyrights & Campaigns) Swiss Confederation – Another Swiss art dealer stole a Van Gogh from persecuted Jews:… [read post]
11 Apr 2010, 11:06 pm
What do you think, fair use, or fair game for the Academy's Oscar police? [read post]
11 Apr 2010, 1:59 pm
Perhaps the use of the trademark may be considered OK under the “fair use” doctrine. [read post]
9 Apr 2010, 3:52 pm
DeVore's primary argument is fair use. [read post]
9 Apr 2010, 7:49 am
Meanwhile, Rescuecom is embroiled in another lawsuit, a declaratory judgment lawsuit it filed against Best Buy, which, ironically, seeks to prove that Rescuecom’s purchase of the GEEK SQUAD mark as a keyword is a fair use, among other things. [read post]
9 Apr 2010, 4:44 am
Given that eBay does not actually sell the good or ever obtain possession of it, the court found that any use of Tiffany's marks on the site was only a nominative fair use, which was not actionable. [read post]
9 Apr 2010, 4:10 am
(Ars Technica) Get your e-book on the iPad (and keep the royalties) (Ars Technica) US Copyright – Decisions District Court N D California: Facebook preliminarily wins copyright lawsuit over third party app: Miller v Facebook (Technology & Marketing Law Blog) District Court Utah: Jury confirms Novell owns Unix copyrights – Linux remains free: SCO Group v Novell (eLegal) (Tangible IP) (Ars Technica) (Eyes on IP) US Copyright – Lawsuits and… [read post]
8 Apr 2010, 11:40 pm
There were ultimately more than 8,300 submissions - more than any government consultation in recent memory - with the overwhelming majority rejecting Bill C-61 (6138 submissions against, 54 in support), while thousands called for flexible fair dealing and a link between copyright infringement and anti-circumvention rules. [read post]
8 Apr 2010, 11:36 pm
It argues for shortened copyright terms, renewal requirements, and expanded fair use. [read post]
8 Apr 2010, 10:38 am
However, the videos were restored but questions were raised about whether his long-format reviews were a fair use or not, an area that is gray enough to discourage Stoklasa from filing a counter-notice. [read post]
6 Apr 2010, 8:18 am
This comes after the artist who created the Obama “Hope” poster admitted to having falsified evidence to make it seem his poster was based on a different image, thus strengthening his fair use case. [read post]
5 Apr 2010, 2:12 pm
Hot News, Copyright Fair Use and News Aggregation Building and Managing Online Communities — Anonymity, Defamation and Privacy, Oh My! [read post]
5 Apr 2010, 7:21 am
Transformative uses of copyrighted work are permitted under the fair use doctrine, and so are critical uses. [read post]
5 Apr 2010, 3:37 am
Assuming that it is possible for a filter to constructively identify whether or not a downloader (or uploader, for that matter) had the right to do so (it's not), and ignoring the privacy violations involved in examining Internet users' communications, the filters themselves are too imperfect to be useful, as Venkat Balasubramani reminds us at SpamNotes. [read post]
4 Apr 2010, 10:30 am
Because defendants cannot meet the first element of its fair use defense, their fair use defense must fail. [read post]
3 Apr 2010, 4:02 pm
Second, they stated that the ads not misleading either for three reasons:eBay's use of Tiffany's mark was protected, nominative fair useTiffany has not proved that eBay had specific knowledge as to the illicit nature of individual listings. [read post]
