Search for: ""fair use""
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22 Jul 2009, 6:58 am
Assume the term is descriptive but has secondary meaning: can using the term as link text be a descriptive fair use? [read post]
22 Jul 2009, 2:10 am
Tuesday, July 21 (84 responses) Many posters were concerned about losing their fair use rights due to more restrictive copyright laws and criminal sanctions, particularly under Bill C-61. [read post]
21 Jul 2009, 8:03 am
§ 107(1) (first fair-use factor is the “purpose and character of the use” (emphasis added)). [read post]
21 Jul 2009, 12:29 am
Is Google's Library Project fair use or is it a violation of copyright law? [read post]
20 Jul 2009, 4:27 pm
" I don't know about that, but it's another good example of how you can make the traditional four-factor fair use analysis do whatever you want it to do. [read post]
20 Jul 2009, 12:36 pm
(b) The defendant's requested jury instructions contain almost nothing on any issue except fair use. [read post]
20 Jul 2009, 9:10 am
I say a bit more about the decision, its merits, and the frustrating indeterminacy of the fair use defense, below the fold. [read post]
20 Jul 2009, 7:22 am
Of course, you can always try the novel fair use argument that removing a character's clothing is ultimately a transformative use. [read post]
20 Jul 2009, 6:14 am
David Fagundes posts on Prawfsblog about the dubious analysis in the recent opinion rejecting a 12(b)(6) motion to dismiss based on fair use. [read post]
20 Jul 2009, 5:33 am
Tenenbaum, and it was determined that the trial will commence Monday, July 27th, as planned.Additionally, Matthew Oppenheim was admitted pro haec vice, defendant requested reconsideration of the in limine motion to exclude the testimony of an ethnomusicologist, the Court took the motion under advisement, Atlantic Recordings was given permission to withdraw its claim, and the plaintiffs' partial summary judgment motion seeking dismissal of the fair use defense was taken under… [read post]
20 Jul 2009, 2:07 am
Defendant has filed a supplemental memorandum opposing plaintiffs' motion for partial summary judgment dismissing defendant's fair use defense in SONY BMG Music Entertainment v. [read post]
19 Jul 2009, 4:34 pm
That's the potential result based upon statutory minimum damages.Charlie has conducted a very open and controversial defense, even publishing a bunch of emails from notables such as Lessig, Fisher and others advising that a fair use defense doesn't have a chance.In my view, the only thing that can be predicted out of all this is as follows, assuming that Joel is an ordinary middle class student and not unusually rich:If Joel somehow wins, the RIAA has a big problem.If… [read post]
19 Jul 2009, 7:52 am
That, of course, is not how fair use really works, and no score card can actually predict the results of a judicial evaluation of the fair use factors. [read post]
19 Jul 2009, 7:05 am
In the AmeriKat's opinion the second issue of fair use is where the battleground will be fought by Garcia and AP. [read post]
18 Jul 2009, 9:03 am
Plaintiffs have filed their pretrial memo and a motion to exclude John Palfrey as an expert, and defendant has filed his opposition to plaintiffs' motion for partial summary judgment on fair use, in SONY BMG Music Entertainment v. [read post]
17 Jul 2009, 11:33 am
If you notice any that are missing, please let us know.PATENT LAWSUITSCONCLUDEDThe Magnavox Co. v. [read post]
17 Jul 2009, 8:50 am
If they're going to litigate interesting stuff like the various types of peer to peer file sharing behaviors, and which are or are not fair use, it should be decided on the merits, rather than on the basis of technicalities such as counsel's not having filed something on time. [read post]
17 Jul 2009, 5:21 am
Please join the discussion by adding your comments on any of these stories, and please do let us know if you think we’ve missed something important, or if there is a source you think should be monitored. [read post]
16 Jul 2009, 8:14 am
According to Fairey, his use of the image was a fair use and that it doesn’t matter who owns the image, the Associated Press, however, now has another obstacle to overcome in its case. [read post]
16 Jul 2009, 8:14 am
According to Fairey, his use of the image was a fair use and that it doesn’t matter who owns the image, the Associated Press, however, now has another obstacle to overcome in its case. [read post]
