Search for: ""fair use""
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25 Jun 2010, 9:37 am
Customized filtering systems become an additional source of revenue for Google.Whether Google installs filtering as a legal requirement, or whether it does so for a price, the effect will be to make the counter-notice provisions of the DMCA-- designed to protect the fair use rights of end users-- increasingly irrelevant. [read post]
8 Jul 2021, 11:08 am
Is it so short that its use is a fair use? [read post]
23 Mar 2011, 6:19 am
If there is sufficient control for her to decide the case, however, she will then rule on whether or not the alleged infringements were, in fact fair use. [read post]
21 Apr 2017, 1:43 pm
In fact, in its defense, the defendants have contended that its incorporation of prior listings to create a valuation research tool for collectors is transformative and a fair use. [read post]
1 Dec 2006, 9:44 am
(I note also that there's no fair use defense, which is especially important for other parts of the law that prohibit transferring any sounds or images without the consent of the owner of the master recording from which the sounds/images are transferred - that means that Outfoxed is criminal in Georgia regardless of its fair use of Fox News clips. [read post]
30 Oct 2008, 1:58 am
I have previously proposed a solution to the orphan works problem that would create an orphan works affirmative defense to infringement similar to fair use. [read post]
16 Jul 2023, 11:56 pm
” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? [read post]
22 May 2023, 4:37 am
The Andy Warhol Foundation for the Visual Arts argued the fair-use doctrine permitted such derivative works. [read post]
13 Jan 2010, 11:38 am
Not an Infringement Don't send takedown notices on cases that have strong fair use arguments or may be allowable under your license. [read post]
14 Mar 2011, 8:55 am
The very generous "fair use" doctrine in the USA, with its explicit inclusion of the fair use of multiple copies for class room teaching use, has hardly hurt the cause of American literature or publishing. [read post]
12 Aug 2016, 12:41 pm
Not surprisingly, this failed horribly: the settlement amounts were low (and many of the targeted defendants were judgment-proof); defendants had strong fair use defenses, even on a motion to dismiss; and eventually Righthaven started getting 505 fee shifts against it, putting its profit-meter into reverse. [read post]
28 Mar 2011, 12:31 am
The Panel in Sensis II did not accept that the respondent was making fair use of the complainants’ YELLOW PAGES mark. [read post]
17 Dec 2010, 5:01 am
The plaintiffs use this claim to argue that UCLA cannot make a fair use argument in defense of their practice, but it is easy to see how such a claim could also restrict practices under first sale. [read post]
18 Jan 2012, 3:30 am
Universal Music already believes it does not have to consider fair use when sending YouTube a takedown notice under the Digital Millennium Copyright Act. [read post]
15 Jun 2012, 1:41 pm
In copyright, doctrine could require much more “substantial similarity” between a potentially infringing work and the copyrighted work before upholding an infringement claim; narrow the derivative works right; or broaden the fair use rights of competitors to enhance competition. [read post]
17 Oct 2007, 6:19 am
But, by framing the issue as one of contract law, Direct-link's lawyer is able to assert that all use of its website, fair or otherwise, is prohibited. [read post]
27 Dec 2011, 2:55 am
Or what if the artist “citizen of the 21st century” can’t afford a lawyer “citizen of the 21st century” to tell them whether the use involved is “fair use” or whether the artist’s unschooled consideration of whether the infringer’s use is subject to a “fair use” affirmative defense was accomplished with sufficient “good faith”, yet another new wrinkle courtesy of The… [read post]
9 May 2012, 7:40 am
To the extent that there are bits of non-functional code, I would say that's probably fair use as a matter of law to implement a compatible system. [read post]
6 Feb 2009, 11:45 pm
Other countries have a more open-ended approach, such as the fair use doctrine. [read post]
5 Jun 2008, 6:49 pm
Rebecca has more to say about the fair use discussion. [read post]
