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31 Mar 2017, 5:18 am
Pamela Samuelson, The Relative Virtues of Bottom-Up and Top-Down Theories of Fair UseA Response to Abraham Bell and Gideon Parchomovsky, The Dual-Grant Theory of Fair Use,83 U Chi L Rev 1051 (2016).Abstract: This Essay explains why I think that Dual-Grant takes an unduly narrow view of the work that fair use does and should do in US copyright law, is blatantly inconsistent with existing case law in more ways than it acknowledges, fails to… [read post]
11 Jun 2014, 6:00 am
We do know that when politicians get mad over ads, they often lawyer-up (see our recent post).Fair use? [read post]
5 Jun 2023, 11:49 am
’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. [read post]
26 May 2023, 10:56 am
’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. [read post]
6 Jun 2023, 9:50 am
’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. [read post]
2 Jun 2010, 6:13 am
AP reported last week that in the lawsuit about whether Shepard Fairey’s use of an AP photograph as source material for his Obama Hope poster constituted fair use of the copyrighted photo, the judge, Alvin Hellerstein (with whom I worked 25 years ago), stated in a hearing last week that “I have a feeling … that whether it’s sooner or later, The Associated Press is going to win,” First, of course, I am convinced as a legal matter that… [read post]
24 Jun 2013, 12:45 pm
Torrentfreak has a story with a new coinage about which I am skeptical, to the extent that it seeks to deprecate fair use, though I am glad to see Warner Brothers (sort of) acknowledge that fair use exists in practice: [David Kaplan, Chief of Anti-Piracy Operations at Warner Bros.] says that Warner Bros. and its parent company Time Warner are turning a blind eye to some forms of copyright infringement. [read post]
18 Aug 2017, 8:12 am
Before any of the Supreme Court’s trio of fair use decisions – Sony... [read post]
13 Oct 2022, 5:47 pm
“In a Tense Supreme Court Hearing, Warhol Foundation Lawyers Fight Conservative Justices on the Meaning of Fair Use”: Greg Allen of ARTnews has this report. [read post]
25 Oct 2006, 10:10 am
The "This article is copyright protected and Fair Use is not applicable" line seemingly no longer appears in new articles on the North Country Gazette site, but the "In accordance... [read post]
6 Mar 2012, 9:11 am
Rather than recapitulating the entire fair use argument, I want to focus on how one particular element of the fair use defense—factor four—has played out in this dialogue. [read post]
16 Mar 2020, 10:43 am
As for the lyrics, this is where fair use comes in. [read post]
7 Dec 2007, 10:07 am
" I agree with her that it can't be used as a trump card in fair use questions. [read post]
26 May 2020, 6:20 am
May 15, 2020)A motion to dismiss granted on descriptive use: impressive! [read post]
21 Mar 2024, 8:40 am
The court previously denied summary judgment on nominative fair use, treating it as a balancing test: LHB needed to use “Taser” to refer to Axon’s product, but used too much (it was a former distributor), and there were genuine disputes of fact on whether it did anything else to suggest endorsement. [read post]
14 Feb 2012, 12:16 pm
Because none of the four factors considered supported fair use, the Court found that the defendants were not entitled to the defense of fair use. [read post]
14 Feb 2012, 12:18 pm
Because none of the four factors considered supported fair use, the Court found that the defendants were not entitled to the defense of fair use. [read post]
13 Jul 2008, 9:49 am
Before the code's release, there was no clear statementabout what constitutes fair use in online video. [read post]
29 Sep 2015, 8:39 am
Fair Use Lenz argued that the copyright doctrine of fair use applies to her video, thereby authorizing her use under the law. [read post]
18 Apr 2008, 5:48 am
Copyright's fair use doctrine gets an unusually thorough airing in this story today by the Journal's Dan Slater, who's analyzing the challenges facing the judge in the trial over infringement claims by Harry Potter author J.K. [read post]
