Search for: ""fair use""
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3 Apr 2010, 3:30 pm
However, Judge Sullivan found that the doctrine of nominative fair use protected eBay's use of Tiffany's mark. [read post]
2 Apr 2010, 12:54 pm
Sergio Muñoz Sarmiento responds to a just-released study by The Center for Social Media at American University on the impact of copyright and fair use on communication scholars. [read post]
2 Apr 2010, 9:32 am
However, the reasons given for rejecting the claim that the advertising was misleading were inadequate, the court held.Fair UseEven if eBay’s use of Tiffany's mark was a nominative fair use, it did not follow that eBay did not use the mark in a misleading advertisement, the court reasoned. [read post]
1 Apr 2010, 1:11 pm
Initially, the court refused to reject or endorse the nominative fair use doctrine, though it did state as a fundamental principle of trademark law that one who has legitimate goods to sell can identify them by their trademarks. [read post]
1 Apr 2010, 11:27 am
sponsor ads/links using Tiffany’s trademark, the court found that this was a nominative fair use of the Tiffany mark, because Tiffany goods were in fact available on eBay.The Second Circuit next rejected Tiffany’s claim that eBay contributorily infringed the Tiffany marks by facilitating the sale of counterfeit goods at auction. [read post]
31 Mar 2010, 9:20 am
We think that would be a mistake and not just if they fail to consider the fair use ramifications. [read post]
30 Mar 2010, 7:07 am
(Note: There are other cases that have held that the brief use of paintings, prints and original art in film sets is permitted as a fair use or as de minimis use.) [read post]
29 Mar 2010, 8:26 pm
Using all or a lot of a work weights against fair use, as does using only important parts of a work. [read post]
29 Mar 2010, 11:52 am
MArtin SEnftleben, VU University Amsterdam has published "Fair Use in The Netherlands - A Renaissance? [read post]
29 Mar 2010, 6:59 am
Russian Federation) and the Implications for TaiwanDafydd Fell, Adapting to the New System: Taiwanese Political Parties’ Legislative Candidate Selection in 2008 in Comparative PerspectiveHsu-hua Chou, Coalition-Building as Taiwan’s Strategic Option in the WTO Lawmaking NegotiationsMario Esteban, The Diplomatic Battle between Beijing and Taipei in Latin America and the CaribbeanKevin Chun-Ming Chen, Free Trade Agreement between the Republic of China (Taiwan), the Republic of El Salvador… [read post]
29 Mar 2010, 6:58 am
Whither fairness? [read post]
28 Mar 2010, 3:27 pm
The defendants also interestingly countered that the availability of the fair use defence meant that the defendants could not have knowledge that content was infringing as it may satisfy such a defence. [read post]
28 Mar 2010, 8:43 am
His artistic gifts have yielded an iconic image for our generation, but his willingness to create art without prior authorization could wind up creating a more powerful case for fair use - one that will benefit generations of artists to come. [read post]
26 Mar 2010, 12:09 pm
Weiser, Beyond Fair Use, 96 Cornell L. [read post]
26 Mar 2010, 9:28 am
" But doesn't that assume that courts will always clarify the boundaries in the direction or more fair use? [read post]
26 Mar 2010, 5:18 am
The Pirate Party wants a fair and balanced copyright law that is suitable for the 21st century.Copyright should give artists the right to be the only people making money from their work, but that needs to be balanced with 'fair use' rights for the public. [read post]
25 Mar 2010, 6:57 pm
The US standard is lower. [read post]
25 Mar 2010, 12:26 pm
This helps them both stay online longer as hosts are more reluctant to take them down, helps them better establish a rapport with the search engines, their end goal in most cases, and appeal more to human visitors.They’ve used many tactics to meet this goal including truncating content use to comply with fair use, spinning content so that it is unrecognizable and even skipping on borrowing content at all and simply using automatic content… [read post]
24 Mar 2010, 10:03 am
It doesn't seem like this is any sort of fair use, as the photos in question were not topical. [read post]
24 Mar 2010, 8:55 am
In copyright, he suggests that the idea/expression distinction be codified in national laws and that a broad, clear research exception be included, as well as a more flexible exception like the U.S. fair use provision. [read post]
