Search for: ""fair use""
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25 Jun 2009, 2:30 pm
Courts have tended to consider parodies that do not detract commercially from the copied work to be fair uses of the work. [read post]
24 Jun 2009, 1:19 pm
In short, if one is able to show that this unattributed copying goes beyond fair use, it could be a copyright liability. [read post]
23 Jun 2009, 10:14 am
Does fair use exist there? [read post]
23 Jun 2009, 9:18 am
Some of the most creatively cool things can be done by legally reworking a book or film through the doctrine of “fair use,” or when its copyright expires. [read post]
22 Jun 2009, 9:47 pm
Is there fair use defense? [read post]
21 Jun 2009, 10:00 pm
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]
19 Jun 2009, 11:27 am
Though Colting has recently changed his explanation of the book, declaring it a commentary on and examination of the relationship between the character and the author, Judge Batt will be faced with a decision as to whether it is exempt from standard copyright laws through the Fair Use Doctrine. [read post]
19 Jun 2009, 10:37 am
Third, the court found that iParadigms’ use is limited in scope to electronic comparison purposes, and that its use of the entirety of the plaintiffs’ works did not preclude a finding of “fair use. [read post]
19 Jun 2009, 9:22 am
Let me say first of all many thanks to Vince Manapat who made a very excellent reply to my prior article, in which I quoted his Art Law blog on the J.D. [read post]
19 Jun 2009, 12:35 am
Having already ruled that there exist substantial similarities between the sequel and the original book, District Judge Batts is using those ten days to determine whether the sequel qualifies as "fair use" of Salinger's original work.The lawyers for the sequel's author, Fredrick Colting (writing under the pseudonym JD California), argued today that 60 Years Later was a work of meaningful criticism of Catcher in the Rye and therefore benefited from the… [read post]
18 Jun 2009, 6:00 pm
(IP Dragon) France Constitutional Council rules 3-strikes law unconstitutional; French government says it plans to go ahead with 3-strikes law (Ars Technica) (Intellectual Property Watch) (IAM) (Intellectual Property Watch) (IP Osgoode) Court orders P2P new site Numerama to dishonour convicted pirates (TorrentFreak) Italy Tribunale Ordinario di Roma rules IP address alone insufficient to identify pirate (TorrentFreak) Sweden Media misreports on biased Pirate Bay judge (TorrentFreak) Pirate Bay… [read post]
18 Jun 2009, 5:36 pm
Having never read Catcher in the Rye, and thus not being a fan of it, I am a little perplexed at the emotional reaction some commentators are having to the litigation surrounding the unauthorized sequel to the J.D. [read post]
18 Jun 2009, 12:32 pm
Though fair use protects a lot of the actual copying that takes place, especially on blogs, many don’t mind if others go beyond that, so long as they receive credit and the use isn’t hurting their bottom line. [read post]
18 Jun 2009, 8:58 am
I've researched fair use and don't think this qualifies. [read post]
18 Jun 2009, 8:43 am
Coltin had argued that the book was a parody and allowable under fair use but the judge, though not ruling on the fair use element, said that the commentary was “not perceptible at all”, leading many to believe she was going to rule against the fair use argument right then. [read post]
17 Jun 2009, 9:49 pm
To the extent that copyright occasionally runs the risk of suppressing speech in a constitutionally problematic way, doctrines such as the idea/expression dichotomy and fair use make sure that copyright does not expand to the point that where First Amendment objections become real. [read post]
17 Jun 2009, 8:55 am
In their court filing, Colting and his publisher described the book as “a transformative commentary and criticism, a fair use of minimal elements from ‘Catcher’” Obviously, without seeing the book it is very hard for anyone to offer much commentary, but it appears that there is more to this case than what was initially said. [read post]
17 Jun 2009, 8:04 am
Though defendants conceded that use of the name as a mark would cause confusion, they argued that they were entitled to make fair use despite the existence of some confusionâ€â [read post]
17 Jun 2009, 6:14 am
If a work is fair use, the rights holder is not entitled to any compensation for the use. [read post]
16 Jun 2009, 10:13 am
Tenenbaum, the Court has entered an order:-criticizing defendant's counsel;-setting firm scheduling dates, including July 20th for a final conference, and July 27th for the trial, and estimating the trial duration at 5 days;-denying plaintiffs' motion to exclude expert witnesses;-allowing plaintiffs a deposition of defendant limited to fair use issues;-allowing defendant written discovery, but no deposition in accordance with defendant's lawyers' statement that… [read post]
