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26 Jul 2009, 8:11 pm
In the post Prof Dave Fagundes shares his thoughts on the fourth fair use factor and why he remains to be convinced that it weighs in favour of the photo owners. [read post]
25 Jul 2009, 1:28 pm
The New York Times reports that the plaintiff has appealed Judge Batts's no-fair-use decision. [read post]
24 Jul 2009, 3:58 pm
He urged the government to stop pandering to lobbyist groups and instead to protect people’s freedoms and expand on fair use. 5). [read post]
24 Jul 2009, 3:42 pm
Most people argued for an expansion of fair use and private copying rights, such as switching between media formats (e.g. [read post]
24 Jul 2009, 1:43 pm
California” (the logic of which is not immediately clear to us) did not fit into the fair use exception in copyright law. [read post]
24 Jul 2009, 8:57 am
., check out the USPTO tribute), his right of publicity (which passed to Jackson's estate under California law) and may also violate copyright law, unless permitted as a fair use. [read post]
24 Jul 2009, 7:03 am
Marshall was proposed as an expert on June 29, 2009 -- months after the Defendant first proposed adding his fair use defense (April 15), a month after the original deadline for expert disclosures (May 30), weeks after the Court allowed addition of the fair use defense (June 15), and a week after the strict deadline for submission of expert reports (June 22). [read post]
24 Jul 2009, 5:11 am
The confluence of two issues raised, one by Eugene Volokh and the other by Rick Horowitz, presents a disturbing question as to who owns what when it comes to the law, and why we're paying for things that should belong to all of us in the first place.Eugene posted the question of whether Lexis and Westlaw infringe upon copyright when the publish appellate briefs.The question is whether the commercial posting of the briefs is fair use; and fair… [read post]
24 Jul 2009, 3:00 am
The billboard is an example of nominative fair use, which Steve explained here. [read post]
24 Jul 2009, 12:19 am
I believe the court was right and that the determination that the stamp is a non-infringing fair use is a pretty easy one. [read post]
23 Jul 2009, 10:35 pm
Power Ventures: Fair Use, Misuse, and the fight for access to user-generated data"). [read post]
23 Jul 2009, 3:17 pm
If that were true, it would be a strong argument against fair use .... [read post]
23 Jul 2009, 3:07 pm
The case is Sedgwick Claims Management Servs., Inc. v. [read post]
23 Jul 2009, 2:31 pm
The Copyright Act requires judges to consider "the effect of the use upon the potential market for or value of the copyrighted work" in evaluating a fair use defense. [read post]
23 Jul 2009, 2:21 pm
AP weighs in newspaper copyright (proposed changes, Plain Dealer) fair use doctrine (Library of Congress, Copyright Office) (If you have access to Lexis or Westlaw, check the respective annotated federal code (U.S.C.S. or U.S.C.A.). [read post]
23 Jul 2009, 1:43 pm
"Friedman also argues that "if you want to look at the other [fair use] factors, those too are pretty convincingly [again with the 'pretty convincingly' - DZ] on the side of fair use. [read post]
23 Jul 2009, 12:31 pm
Many posters advocated for clearer fair dealing guidelines, an end to DRM and digital locks, and protection for private use and copying. [read post]
23 Jul 2009, 6:57 am
Additionally, the panel correctly held that Continuative LLC had no legitimate right or interest in the domain name (this is essentially the "parody site" argument, deriving from the "fair use" doctrine). [read post]
23 Jul 2009, 4:39 am
The court found that the stamp was transformative enough to merit fair use protection because the photograph it used “transformed [the sculpture's] expressionand message, creating a surrealistic environment with snow and subdued lighting. [read post]
22 Jul 2009, 1:04 pm
Brewer: The tool provides the user with two options: to learn about fair use, or to make a fair use evaluation. [read post]
