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12 Oct 2010, 2:30 am by gmlevine
Where, without knowledge and in some instances with it, as in cases of nominal fair use for example, a party operates in a different market or channel of trade [Streetwise Maps, Inc. v. [read post]
1 Jul 2018, 3:15 am by Barry Sookman
“Don’t Censor Canada” is a c… 2018-06-27 Facebook's fake news squad comes to Canada – just in time for 2019 https://t.co/QHIaIs6mXl 2018-06-27 Australia’s safe harbour regime expands https://t.co/jmZXNxt706 2018-06-27 European publishers applaud parliament over copyright reforms https://t.co/K0G2rYP8ad 2018-06-27 Swedish court considers new blocking injunction against The Pirate Bay and other torrent sites https://t.co/eweX6aHPcd 2018-06-27… [read post]
22 Jun 2012, 11:07 am by Ron Coleman
There’s a lot of interesting procedural stuff in the opinion too, including the curious (and troubling) conclusion that Moore waived the fair use defense with respect to the claims against him for the use of his artworks on “mundane products,” as opposed to his suitable-for-framing depictions of real NCAA Division I action, such as graces the walls of the homes of most of my friends and associates, of course. [read post]
17 Apr 2013, 6:58 am by Daniel A. Zlatnik
” Given that ReDigi sold whole copies of commercial recordings that would harm the primary market for those recordings, the court also made quick work of ReDigi’s argument that the reproductions were “fair use” under Section 107 of the Copyright Act. [read post]
3 May 2016, 5:42 am by Michael Geist
If anything, Canadian copyright law is still more restrictive than its U.S. counterpart, where fair use laws offer more flexibility to creators of all stripes than Canada’s fair dealing provisions. [read post]
27 May 2016, 11:24 am by Scott Hervey
   Early commentators on the case questioned the validity of Solid Oak’s case and commented on the applicability of fair use and other defenses. [read post]
25 Apr 2010, 10:48 pm by Michael Geist
Similarly, a growing number of countries - led by the United States - have adopted flexible fair dealing or fair use provisions that benefit creators, business, and consumers. [read post]
5 Nov 2017, 3:15 am by Barry Sookman
& Anor [2017] NIQB 81 https://t.co/SnH9L9QnKF 2017-11-01 Facebook, Twitter, Google defend their security measures – Business https://t.co/sVN6gcB8Yc 2017-11-01 Google, Amazon, Netflix mount lobby crusade on Trudeau Liberals https://t.co/d6yzPb0GPq 2017-11-01 YouTube/Google offers $ million to defend video posted based on fair use, neutral intermediary? [read post]
13 Nov 2023, 2:51 am by Rob Robinson
Fairness: US and UK initiatives to understand and mitigate biases in algorithmic systems. [read post]
The defendant companies, though, will likely argue that some version of the “fair use doctrine” protects their activity. [read post]
11 Jan 2012, 10:31 am by Bruce E. Boyden
Even where there were statutes, judges felt free to add to them with doctrines of their own making — fair use and secondary liability in copyright law are well-known examples. [read post]
16 Oct 2007, 11:56 pm
Although the Eighth Circuit concluded that use by CBC of the names and statistics of the players in its commercial fantasy baseball operations satisfied all three elements of the Missouri tort -- namely, (1) use of the player's name as a symbol of his identify, (2) without his consent, and (3) with the intent to obtain a commercial advantage -- it held that this use was nevertheless a… [read post]
17 Dec 2009, 8:54 am by Jonathan Bailey
However, there is also an issue as to whether or not lip dub videos are infringing or are a fair use. [read post]
18 Dec 2008, 6:14 pm
  Clearly, countries seem to be learning from one another, often from their neighbors, when they make decisions about the exact shape of copyright law.Minow: Thanks for talking with us today.Kenneth Crews is Director of the Copyright Advisory Office, Columbia University.Mary Minow is the content editor for the Stanford Copyright and Fair Use website. [read post]
25 Nov 2013, 10:27 am by Ron Coleman
We also propose the elimination of initial interest confusion as a cause of action under the Lanham Act, as well as legislatively strengthening trademark first sale and nominative fair use doctrines, so that making use of those defenses does not create a higher bar to scale when the resale occurs online versus in a brick-and-mortar setting. [read post]
11 Aug 2009, 11:37 am
Among the significant rulings in her opinion was her conclusion that there is no fair use exception to the DMCA's prohibition on trafficking in anti-circumvention devices -- a position that Real itself had embraced, and on which it had prevailed, in an earlier suit.RealDVD Preliminary Injunction Order Judge Patel's opinion appears, at least on the surface, to conflict with a 2007 decision from a California state court on the issue… [read post]
17 Jul 2008, 4:56 pm
  But these are clearly critical uses that are protected by the First Amendment, not to speak of fair use principles of trademark law. [read post]
6 Apr 2009, 10:38 am
  In the past courts have said that fair use and the idea/expression dichotomy are sufficient insurance against unconstitutional suppression of speech, but now, in a fairly unusual set of circumstances, a court has found that even with those safeguards, provisions of the copyright law can go too far. [read post]
3 May 2011, 1:10 pm by Juliana
The real question is that of fair use, which attorneys look at by posing four main questions: What is the purpose of this copy? [read post]
16 Jul 2010, 2:10 am by Kelly
Bradley John Lawless (IP Whiteboard) Belgium ISPs don’t have to block The Pirate Bay, Court rules (TorrentFreak) Brazil US could learn from Brazilian penalty for hindering fair use (ArsTechnica) Canada The Digital Economy Strategy Consultation: My submission (Michael Geist) Digital Economy Strategy Consultation: Pelmorex calls on Government to open data (Michael Geist) Digital Economy Strategy Consultation: Access Copyright slams C-32 (Michael Geist) Ashley Madison… [read post]