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5 Jul 2009, 8:05 am
  Fair use is a common defense to a claim of infringement. [read post]
3 Jul 2009, 4:57 pm
It seems fate in that the guys who constituted the KLF turned out to be remarkably aware of and articulate about the realities underlying the issues the problem involved — copyright and fair use. [read post]
3 Jul 2009, 12:07 pm
  When critics of the RIAA and other abusers of American and international copyright law say that great things can be accomplished through the doctrine of “fair use,” this is what they have in mind. [read post]
3 Jul 2009, 6:33 am
Salinger, rejecting claims that 60 Years Later: Coming Through the Rye was transformative and thus a fair use of Salinger's original work. [read post]
2 Jul 2009, 8:20 pm
In what promises to be an exciting conference, there will also be papers by: Professor Brad Sherman: Key developments in the last 40 years of copyright that shape our thinking about the future * Professor Sam Ricketson: Copyright and functional products * Sophie Goddard SC: Development of copyright by the courts * Dr Matthew Rimmer: The role of fair use in creative freedom * Associate Professor Melissa de Zwart:The role of copyright in innovation Professor Brad Sherman: Key… [read post]
2 Jul 2009, 3:08 pm
As I hole up in my ivory tower writing about trademark fair use reform this summer, it’s nice to know that the issue might matter in the outside world. [read post]
2 Jul 2009, 12:56 pm
(There's a Campbell footnote pointing out that satire can be fair use, but most subsequent cases ignore it.) [read post]
2 Jul 2009, 8:05 am
., No. 09-CV-5095 (S.D.N.Y.) case holding that the new book focused on Holden Caufield as a 76-year-old man did not fit within the narrow "fair use" exception to copyright infringement. [read post]
2 Jul 2009, 7:43 am
If that's not possible, using one or two lines from the review is probably permissible under fair use principles -- although, again, the Dear Rich Staff would counsel against using the reviewer's name without permission. [read post]
1 Jul 2009, 3:42 pm
California, did not fit into the fair use exception in copyright law because the book did not constitute a critical parody that “transformed” the original. [read post]
1 Jul 2009, 2:49 pm by Andrew Raff
" Without reading 60 Years Later: Coming Through the Rye or the ruling, it's difficult to see what features made the book an infringing derivative work rather than transformative fair use parody. [read post]
1 Jul 2009, 5:15 am
For the rest of us, this means that the decision about fair use, if the case gets that far, will be a lot more relevant to e-reserve and course management systems use around the country. [read post]
1 Jul 2009, 4:42 am
If there was pressure, then these takedowns would appear to be QED examples of just some of what we can expect if lobbyist organizations such as CRIA, CMPDA and ESA get to dictate Canadian copyright policy.CCER points out a number examples of other BNN clips on YouTube that have not been taken down.See: (here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here,here, here and here).In the spirit of fair dealing and fair use, not to… [read post]
30 Jun 2009, 2:28 pm
As you might imagine, it’s that last sentence which makes us a bit nervous, as such a regime — which would likely hinge on cutting back on the fair-use exception to copyright law — would, in turn, make our job vastly more difficult, and possibly lead to the end of the Law Blog, at least in its current form (as well as other popular blogs we imagine you frequent, like Above the Law, How Appealing, the ABA Journal). [read post]
30 Jun 2009, 7:36 am
What is Fair Use? [read post]
30 Jun 2009, 6:14 am
However, because the Court has held discovery open on fair use, discovery requests on this subject served prior to June 22, 2009, the deadline set by the Court, are treated as timely. [read post]
29 Jun 2009, 8:30 am
On appeal, they told the high court that the copyright case was the most important lawsuit following the justices' 1984 ruling declaring American consumers had a fair use right to use videocassette machines to record copyrighted movies at home. [read post]
28 Jun 2009, 7:39 pm
This is the honest truth: back when the Napster case was pending on appeal (the appeal Napster would eventually lose), I was teaching a legal writing class and the problem was about copyright and fair use in connection with a web site that used posted exerpts of copyrighted works and also an online “bulletin board” (it was that long ago) for discussion of the works. [read post]
28 Jun 2009, 2:10 pm by Tom Casagrande
So one would think that with a for-profit motive and no physical transformative use, this factor disfavors fair use, right? [read post]
28 Jun 2009, 7:41 am by Andrei Mincov
If this happens, the only way for the defendants to avoid the finding of infringement would be to prove that the use of Catcher constitutes fair use under §107 of the U.S. [read post]