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15 Jul 2014, 8:58 am by Jonathan Bailey
In its latest response Universal continues with that argument but also adds that the similarities between Section 6 and James Bond, as described by MGM, would either be fair use or de minimis. [read post]
22 Nov 2006, 12:22 am
Those who wished to reproduce these works would be on notice to check this repository, ideally through a very simple interface (possibly "machine-readable" as well as "human-readable" and "lawyer-readable," to use the CC language), to determine the terms on which the creator is willing to enable the work to be reproduced (though not affecting in any way the fair use, implied license, or other grounds via which the works might otherwise be… [read post]
3 Apr 2010, 4:02 pm
Second, they stated that the ads not misleading either for three reasons:eBay's use of Tiffany's mark was protected, nominative fair useTiffany has not proved that eBay had specific knowledge as to the illicit nature of individual listings. [read post]
21 Jul 2008, 7:21 pm
CafePress (and Public Citizen) looked forward to litigating the issue of whether the use of the acronym or the trademarked elephant alone would infringe or dilute the RNC's mark, in light of the fair use doctrine and the strong protection accorded by the First Amendment to political speech. [read post]
19 Oct 2011, 1:03 pm by Jay McDaniel
The court’s reading of the statute opens a broad range of liability and could implicate such issues as fair use. [read post]
29 Sep 2010, 6:07 pm by Gordon Firemark
Aftermath Records US 9th Circuit Opinion 2nd Circuit ruled (just yesterday (9/28)) against ASCAP (ASCAP v. [read post]
24 Mar 2007, 4:46 pm
Stanford Law School's Fair Use Project announced today that Stanford University Acting Professor of English Carol Shloss won the right to publish her scholarship on the literary work of James Joyce online and in print based on a settlement agreement with the Joyce Estate. [read post]
23 Mar 2007, 5:23 pm
  It seems as though everyone agrees quite correctly that "Stop the Falsiness", as a parody, would be fair use under US copyright law, and that the video is therefore able to be posted on YouTube. [read post]
2 Mar 2012, 8:17 am
The jiplp weblog carries a crisp, clear account by Peter Jabaly of the US decision in Air-Freshner v Paul Getty and the limited utility of fair use defences in trade mark infringement proceedings. [read post]
21 Jan 2009, 8:22 am
The RIAA, of course, has a legitimate reason to complain where the manner in which users copy or distribute its members' recordings reaches beyond the often-murky boundaries of fair use. [read post]
29 Feb 2012, 8:42 am by Andres
Court of Appeals for the Ninth Circuit ruled that linking is not an infringement, but most importantly, it held that thumbnails are highly transformative, and therefore would fall under fair use. [read post]
26 Dec 2008, 6:01 am
  Authors are allowed to use their article in subsequent publications, such as a dissertation or monograph, and are allowed to make photocopies of the article (not digital copies) to distribute in classes they teach (even though this could well be a fair use anyway). [read post]
3 Oct 2018, 6:15 am by Michael Geist
For example, fair use, a staple of U.S. law, is not included in the USMCA. [read post]
10 Jun 2009, 7:49 pm
LIVE SMART, both of which Pardee alleges is confusingly similar to its LIVING SMART mark.Pardee claims that Beazer is using the SMART LIVING mark in connection with the sale of homes on its website (apparently being used in connection with a Nashville, Tennessee community - although it appears to be used in more of a fair use, descriptive sense rather than as a mark).Pardee also claims Beazer is using SMART LIVING as the title of a magazine to… [read post]
9 Nov 2010, 10:55 pm by Michael Geist
Second, if it does qualify, is the use itself fair. [read post]
30 Jan 2012, 1:23 pm by Rex A. Donnelly
With respect to the First Amendment, the Court pointed to the reasonable safeguards incorporated into copyright jurisprudence already, such as the fair use defense and the fact that copyrights only protect the expression of an idea, not the idea itself. [read post]
15 Feb 2023, 12:49 pm by Armin Ghiam
Rothschild moved to dismiss the case, arguing first amendment protections and that the MetaBirkins constituted a fair use of the BIRKIN mark. [read post]
22 Mar 2017, 3:02 pm by Michael Geist
The review and strategy exercise offers the chance to adopt fair use rules that have been critical for innovative economies such as the United States, Israel, South Korea, and Singapore. [read post]
21 May 2018, 7:00 am by Jonathan Bailey
Having found the use de minimis, the court didn’t even look at the fair use factors and, instead, dismissed the case outright. 2: Infamous Kodi Library TVAddons Has Denied Copyright Infringement Allegations in Court Next up today, Tom Pritchard at Gizmodo UK reports that TVAddons has responded to the lawsuit filed against them by Dish Network and, in their response, have denied copyright infringement. [read post]