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7 Jul 2014, 4:35 am
Thus, the court didn’t need to evaluate Nomorerack’s descriptive fair use defense, though it noted that Nomorerack’s evidence on this was compelling: it submitted evidence that it wasn’t using the term as a mark (query what would count as “evidence” of this), that the term was descriptive, and that its use was fair and in good faith.Belt and suspenders: Overstock also didn’t show irreparable harm, given the… [read post]
20 Feb 2013, 12:16 am
Committee for the World Intellectual Property Organization".If the Federal Circuit affirmed Judge Alsup's ruling with respect to copyrightability, or if Google ultimately prevailed on its "fair use" defense, intellectual property and especially copyright would be weakened. [read post]
1 Aug 2017, 6:40 pm
His influence went beyond Syria, however: he was a key attendee at the Middle East's bloggers' conferences, and played a vital role in the negotiations in Doha in 2010 that led to a common language for discussing fair use and copyright across the Arab-speaking world. [read post]
6 Jan 2015, 12:48 pm
Google proceeded aggressively with the Books Project, going forward without preemptively obtaining copyright clearances from authors and relying on fair use as a defense against infringement liability. [read post]
19 Jan 2024, 3:27 pm
This seems to be an effort to import a cramped version of copyright’s fair use doctrine as a substitute for the rigorous scrutiny and analysis the First Amendment (and even the Copyright Act) requires. [read post]
6 Mar 2015, 11:29 am
~ If you're in the United States, take action to stop TPP and other anti-user trade deals from getting fast-tracked through Congress by contacting your lawmaker about trade promotion authority: Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade AgreementsTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
4 Aug 2015, 3:29 pm
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
14 Mar 2019, 12:09 pm
” And the complaint pled nominative fair use: the associated screenshots showed that Malwarebytes uses “download.driversupport.com. [read post]
3 Mar 2017, 10:31 am
If you said to me, "Copyright law is dead," my first thought would be that content owners would be very unhappy, that we might see reduced incentives (if you believe in such a thing), that fair use is expanding, etc. [read post]
24 Jun 2015, 4:25 pm
This led to News America being sued over issues of trade mark and false endorsement, to which the Ninth Circuit, in an opinion written by Judge Kozinski, developed the doctrine of 'nominative fair use'. [read post]
11 Dec 2014, 6:00 am
Michael, Yale Law School Pam Samuelson, Berkeley Law School Susan Sell, George Washington U niversity Sean Flynn, American University David Levine, Princeton University 1. http://ec.europa.eu/news/2014/docs/c_2014_9052_en.pdf Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrans-Pacific Partnership AgreementShare this: || Join EFF [read post]
12 Aug 2013, 10:35 am
As for the efficacy of the US-style "fair use" copyright defence, the 1709 Blog's poll is ticking over nicely, with eight days still ahead, and let's not forget the Afro-IP poll on where the World Intellectual Property Organization should locate its African regional IP office(s): with four days to go and 133 votes cast, Kenya is just edging South Africa but with Zimbabwe breathing down the front-runners' necks. [read post]
26 Dec 2019, 5:30 am
Parody The defendant had also raised an argument that the use at issue could qualify as parody. [read post]
12 Apr 2020, 6:10 pm
” The video is satire -- and thus likely protected as fair use under the Copyright Act. [read post]
10 Nov 2011, 8:21 am
Google made a colorable (i.e., plausible) argument that digitizing for indexing purposes fell under the Fair Use Doctrine of the Copyright Act. [read post]
25 Oct 2023, 10:07 am
” And in September 2023, after a decade of litigation, a federal appeals court held that Public Resource’s database was a lawful fair use. [read post]
22 Dec 2016, 2:09 pm
In other cases, stream ripping may be a fair use of a copyright-protected audio track. [read post]
2 Sep 2021, 10:15 am
Seusscase found that Rogers applied even when the defendant’s work was not a copyright fair use, and the work used Seussian font, Seussian illustration style, and a similar title. [read post]
23 Aug 2018, 6:22 am
What many liberals and progressives regard as weakening the constitutional foundations of constitutional democracy may merely be the success of political rivals who are making fair use of the levers of constitutional democracy to implement their notions of desirable religious, immigration and economic policies. [read post]
14 Mar 2018, 1:29 am
that "Copyright reform is in the air", the Report recommended a number of changes to the Irish copyright framework as embodied in the 2000 Copyright Act, including an ambitious proposal to introduce a tightly drawn Irish fair use exception (holding that this possibility would not be prevented by the system of exceptions and limitations in the InfoSoc Directive), and a specific exception for linking and marshalling [all this occurred while the CJEU Svensson… [read post]
