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21 Aug 2013, 1:58 pm by David Oxenford
Or are they sometime a “fair use”, making a transformation of the original work into something new that should not require the copyright holders permission? [read post]
9 Dec 2022, 8:11 am by Nedim Malovic
Politicians keep using the “fair use” defence, arguing that the political use of the works serves a noncommercial purpose or falls within the parody exception. [read post]
1 Dec 2015, 5:01 pm by Maira Sutton
Related Issues: Fair Use and Intellectual Property: Defending the BalanceInternationalTrade Agreements and Digital RightsTrans-Pacific Partnership AgreementShare this:   ||  Join EFF [read post]
11 Jan 2023, 2:14 am by Florian Mueller
No company has stretched the envelope of "fair use" of copyrighted materials like Google (be it in the Google Books or the Android/Java API context). [read post]
2 Jul 2013, 4:44 am
It seems that actors such as the New York City Archives and the American Folklife Centre prefer the pragmatic approach of making the potentially orphaned works available and relying on the various defences of fair use and diligent search. [read post]
4 Feb 2016, 12:10 pm
However, in this Kat's opinion a GIF would likely satisfy all the conditions indicated by this provision, including fair dealing. [read post]
15 Oct 2019, 5:36 am by Katharine Trendacosta
And the decisions of the claims board would focus less on issues of fair use and free expression, but more on technicalities and serving the desires of copyright holders. [read post]
10 Oct 2014, 3:18 am by Ben
Format shifting woulld be legalised and other exceptions to copyright rewritten, and these would include a 'fair use'exceptionThe Finnish Parliament's Education and Culture Committee is proposing that a citizens' initiative on making copyright laws more lenient be rejected. [read post]
18 Apr 2024, 2:02 pm by Howard Knopf
It bears frequent repetition that Canadian fair dealing rights for users – as spelled out in the statute and upheld consistently by the Supreme Court of Canada – stop far short of what the American’s have provided for users’ fair use rights since 1976 in 17 USC 107. [read post]
24 Aug 2015, 11:18 am by Mitch Stoltz
Related Issues: Fair Use and Intellectual Property: Defending the BalanceDMCAShare this:   ||  Join EFF [read post]
5 Feb 2021, 11:46 am by Katharine Trendacosta
For example, a bad decision on fair use in court is subject to multiple levels of appeal. [read post]
26 Aug 2019, 12:09 pm
' | Enlarged Board of Appeal in G 1/18 | Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa | ‘Cartography and Copyright’ | Warhol v Goldsmith: fairness of use by iconic artwork adjudicated in New York. | English High Court raises eyebrows over request to disclose ISP customer data | The EU Regulation on fairness in the platform economy is a let down for intellectual property |… [read post]
23 Apr 2014, 7:59 am
That’s enough to establish copyright infringement in the EU -- and no need to worry about fair use! [read post]
5 Aug 2013, 6:53 am
In particular, as to Sports Direct's right to prevent the use of BBL’s trade mark at its application date by enforcing an earlier unregistered right against it under section 5(4)(a) of the Trade Marks Act 1994, the test was whether, at the date of the application to register the mark, normal and fair use of the mark in relation to the relevant goods and services could have been prevented by an action for passing off. [read post]
1 Jan 2014, 7:04 am by Graham Smith
Ireland and Australia have completed significant reviews of copyright, with the Australian Law Reform Commission having recommended the adoption of a flexible fair use copyright exception and the Irish review a more limited version. [read post]
13 Sep 2019, 6:17 am
The new policy changes the rules on its manual claiming tool for copyright owners to prevent the use of their work. [read post]
3 Sep 2021, 10:18 am by Rebecca Tushnet
Factual gaps: “facts regarding the precise nature of Redbubble’s contractual relationships with third-party manufacturers and shippers”; “the precise degree to which Redbubble is involved in” selecting and imprinting trademark-infringing designs upon its products; “details as to Redbubble’s involvement in the process for returning goods”; “detail[s] on how Redbubble characterizes its own services”; and facts about “defenses to… [read post]
26 Mar 2016, 4:58 am by Ben
As Elonora tell us over on the IPKat, the answer is unsurprisingly yes -  and the use is not protected by the doctrine of fair use nor by 'safe harbour' - confirmed by Arnold J in his 174-paragraph judgment in England And Wales Cricket Board Ltd & Another v Tixdaq Ltd & Another [2016] EWHC 575 (Ch).The German head of digital-economy policy at the European Commission, Günther Oettinger, is considering rolling out  German… [read post]
27 May 2014, 7:44 pm by Mitch Stoltz
Matthew Sag, Copyright Trolling: An Empirical Study Related Issues: Fair Use and Intellectual Property: Defending the BalanceCopyright TrollsRelated Cases: AF Holdings v. [read post]