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29 Apr 2020, 8:41 am by Thomas Key
Circuit Court of Appeals considered the fair use defense in relation to PRO's unauthorized upload of hundreds of technical standards that had been incorporated into the Code of Federal Regulations. [read post]
24 Nov 2020, 3:17 pm by Elliot Harmon
That creates a worst-of-both-worlds scenario for countries that don’t have the safety valve of fair use to protect people’s free expression rights or processes like the Copyright Office rulemaking to remove the legal doubt around bypassing DRM for lawful purposes. [read post]
19 Oct 2015, 12:32 pm
 * BREAKING: 2nd Circuit confirms that Google Books Library Project is fair useTwo years after Judge Chin of the US District Court for the Southern District of New York ruled that the Google Books Library Project was protected as fair use under §107 of the US Copyright Act [see here, here, and here], the US Court of Appeal for the 2nd Circuit confirms. [read post]
15 Nov 2016, 8:56 am by Marie-Andree Weiss
The case has also been commented on this blog previously here, and over at the IPKat hereand here.The case centres around whether rightsholders should consider whether a fair use defence applies to content posted online before take-down notices are issued. [read post]
17 Mar 2015, 9:33 am by Jeremy Malcolm and Maria Paz Canales
Whilst it is fair that an artist receives attribution for their work, to allow them to control how the performance is used after its fixation goes too far. [read post]
20 Sep 2015, 4:08 pm
 Nick Buckland (Irwin Mitchell) tells all.* Letter from AmeriKat: Remember fair use before issuing DMCA notices, warns Ninth CircuitAnnsley takes a gander at a recent decision from the United States Court of Appeals for the Ninth Circuit in the famous case Prince and Mean Music Companies v That lovely baby dancing Prince Lenz v Universal Music.* BREAKING NEWS: CJEU says that acquired distinctiveness requires that mark alone identifies relevant… [read post]
9 Oct 2014, 12:43 pm by Florian Mueller
But let there be no doubt about the balanced approach underlying her opinions in the Oracle case (where she agreed with Oracle on copyrightability but stopped short on resolving fair use as a matter of law) and now in this Google matter. [read post]
12 Mar 2014, 12:55 pm
., EU and other Countries;• Fair Use & Freedom of Speech;• Orphan Works and Extended Collective Licensing;• U.S. [read post]
23 Oct 2018, 11:43 am by Joe Mullin
That case is headed back to district court for further proceedings, after EFF and PRO scored a win this summer when an appeals court ordered the district court to re-consider the issue of fair use. [read post]
31 Dec 2022, 9:01 am by Jason Kelley
  In another remote proctoring fight, EFF client Erik Johnson, a Miami University computer engineering undergraduate, reached a settlement in the lawsuit we brought on his behalf against exam surveillance software maker Proctorio, in a victory for fair use of copyrighted material and people’s right to fight back against bad faith Digital Millennium Copyright Act (DMCA) takedowns used to silence critics. [read post]
11 Jun 2015, 7:35 am by Rebecca Tushnet
”  Further, the law says that “[i]t is deemed a fair use and no violation of an individual’s rights shall be found, for purposes of this part, if the use of a name, photograph, or likeness is in connection with any news, public affairs, or sports broadcast or account. [read post]
28 Nov 2018, 4:00 pm by Howard Knopf
The USA allows for fair use “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use)” (emphasis added). [read post]
3 Feb 2016, 7:22 am by David Post
Universal case (464 US 417) in 1984, that making a recording of television broadcasts off-the-air for later viewing was a “fair use” of the copyrighted content in the broadcast. [read post]
2 Nov 2021, 7:53 am by Rebecca Tushnet
Allowing such a claim would provide “a de facto veto over the [copyright holder’s] rights under the Copyright Act,” [including its rights to tolerate use/also would provide a veto over fair uses]. [read post]
25 Aug 2015, 6:51 am by Ben
Fitzgerald's decision made it clear that the the state legislature has severely limited the ability of local governments and other public entities to copyright the materials they create - and - even if Inglewood could copyright the videos, the use by local resident Joseph Teixeira criticising the Mayor would be covered by fair use. [read post]
20 Dec 2016, 7:54 pm by Kerry Sheehan
They also rely on fair use and safe harbors to ensure that members of the public can access copyrighted works and to preserve our cultural commons. [read post]
18 Feb 2015, 2:52 am by Ben
Graham’s images. 1709 readers will remember Mr Prince from the 2013 U.S. case of Cariou v Prince where Mr Prince largely succeeded with his fair use defence after 'transforming' Mr Cariou's photographs of Rastafarians in Jamaica. [read post]