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16 Mar 2010, 12:04 pm
For a good case addressing the fair use of indexing (in the context of image thumbnails), see Perfect 10 v. [read post]
16 Mar 2010, 9:08 am by David Post
There is a “fair use” defense in trademark law that protects just these kinds of uses, where descriptive terms are being used in their descriptive sense; the right to sue for infringement of a registered mark is subject to the defense that . . . [read post]
15 Mar 2010, 11:36 am by Howard Knopf
It also explicitly leaves the list of examples of fair use open, which has, for example, enabled the US Supreme Court to rule that parody can be fair use. [read post]
15 Mar 2010, 7:35 am
" Like fair use analyses, courts seem to be looking for something transformative in the work. [read post]
10 Mar 2010, 10:57 am by Patrick
", not available for free online, archive purchased by me and excerpted as fair use for its value as political commentary from a respected scholar of the First Amendment.] [read post]
10 Mar 2010, 9:00 am by David Oxenford
  The Guide also addresses some of the controversial issues in music licensing, and the question of "fair use", a concept often cited but also often misunderstood. [read post]
10 Mar 2010, 2:07 am by Andres
Why is it that the American copyright system seems keen to export maximalism, but not fair use? [read post]
9 Mar 2010, 11:07 pm by Dave Wieneke
Faden’s work A Fair(y) Use Tale is educational, utterly transformative in its use of source material, and in no way replaces the entertainment use of the original works. [read post]
9 Mar 2010, 1:32 pm by Rebecca Tushnet
Some are clearly infringing, and others have a fair use defense. [read post]
9 Mar 2010, 10:51 am by Jonathan Bailey
First, there would be almost no fair use argument that could be reasonably made. [read post]
9 Mar 2010, 7:15 am by Kevin Smith
First, the plaintiffs argue that a fair use “checklist” is the wrong tool for helping faculty members make fair use decisions. [read post]
8 Mar 2010, 9:57 pm by Ryan Radia
And because filters generally flag unauthorized copies on an automated basis without human intervention, even when filters get it right, they often disrupt legal, non-infringing uses of copyrighted material like fair use. [read post]
8 Mar 2010, 4:36 pm
Intersil (EDTexweblog.com) University of New Mexico – UNM files complaint against Environmental Robots over alleged infringement of patent covering ‘soft actuators and artificial muscles’ (Technology Transfer Tactics) Wham-O - False patent marking suit targets the FRISBEE disc: FLFMC LLC v Wham-O (IP Spotlight)   US Copyright – Decisions CAFC: Sculpture, history, copyright infringement and fair use of the Korean War Veteran’s Memorial:… [read post]
8 Mar 2010, 4:36 pm
Intersil (EDTexweblog.com) University of New Mexico – UNM files complaint against Environmental Robots over alleged infringement of patent covering ‘soft actuators and artificial muscles’ (Technology Transfer Tactics) Wham-O - False patent marking suit targets the FRISBEE disc: FLFMC LLC v Wham-O (IP Spotlight)   US Copyright – Decisions CAFC: Sculpture, history, copyright infringement and fair use of the Korean War Veteran’s Memorial:… [read post]
8 Mar 2010, 12:38 pm by anna su
The law allows certain exceptions under fair use but the transformative effect in most cases, are always contested, as in instances of sampling where an arbitrary period of time (seconds, to be exact) are used to determine if the material is infringing. [read post]
8 Mar 2010, 1:29 am by Andres
Nonetheless, one big omission from the Wired article is that there is an assumption that only because something is possible under U.S. fair use, it should somehow be allowed under fair dealing. [read post]