Search for: ""fair use""
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7 Mar 2012, 4:00 am
“It is” (the majority pointed out) by now well established that PPC parking pages built around a trademark (as contrasted with PPC pages built around a dictionary word and used only in connection with the generic or merely descriptive meaning of the word) do not constitute a bona fide offering of goods or services pursuant to paragraph 4(c)(i) of the Policy, nor do they constitute a legitimate non-commercial or fair use pursuant to paragraph 4(c)(iii). [read post]
19 Oct 2012, 11:36 pm
The chapter thereafter contains a deep and careful analysis of some of the most important questions in Indian copyright law today: copyrightability, in light of the Supreme Court’s decision in EBC v Modak (2008) 1 SCC 1 (p 291 et seq, see in particular the author’s analysis of the American and Canadian law at p 296); tests for determining infringement (p 307 et seq); the nature of a cinematograph film copyright (p 328) and the fair use defence. [read post]
13 Jun 2011, 9:53 am
The discussion of why is too long and dreary for this post, but the strong trend is for courts to protect gripesites under First Amendment, fair use, and non-commercial analysis, in large part due to the efforts of various organizations that have stepped up to support gripesite bloggers. [read post]
5 Jul 2019, 4:00 am
The court ruled that York’s wholesale educational use did not fall under fair use, although this decision is under appeal. [read post]
26 Jan 2009, 2:48 am
While the report, "Scholarly Publishing and the Issues of Cultural Heritage: Fair Use, Reproduction Fees, and Copyrights," is concerned primarily with visual images, its conclusions would apply to all public domain archival material. [read post]
3 Jun 2010, 12:06 pm
This ruling also signals that the Second Circuit will take a dim view of fair use claims in P2P file sharing cases and might import the Napster standards for secondary infringement claims [read post]
14 Apr 2015, 3:18 am
If there is, what does that tell us? [read post]
11 Mar 2014, 2:34 pm
Gawker has also stated that, even if there was infringement, their reporting of the matter is protected under fair use and that they should not be held liable. [read post]
5 Sep 2017, 6:57 am
As such, according to the judge, her recording and attempted sale of the video was a copyright infringement and further ruled against a fair use argument put forward by Rothman. [read post]
20 Mar 2010, 2:25 pm
Finally, the defendants made some bizarre legal arguments that superficially appeared doomed, such as the repeated assertions of extraterritoriality issues when a US-based web host was being sued in a US court for violations of US law. [read post]
6 Oct 2010, 4:05 am
We’ll keep an eye on this one because there could be some interesting discussions about the fair use of the trademark in regards to the title of the TV show (REHAB is a pool party at the Hard Rock Hotel and Casino; that is truthful and descriptive), as well as whether the Hard Rock Hotel and Casino in Las Vegas has generated goodwill separate from HRCI’s marks. [read post]
8 Jun 2022, 3:01 pm
In some cases, a defense like fair use or implied license might provide some protection. [read post]
31 May 2012, 9:45 am
That's clearly not fair use. [read post]
23 Mar 2009, 4:52 pm
The software allows users to store copies of movies on their hard drives, which the company says is a fair use allowed under the DMCA. [read post]
17 May 2012, 6:56 pm
The issue isn’t whether they have a fair-use right to the material, but whether they can utilize decrypting tools to make the best reproduction for filmmaking purposes. [read post]
9 Sep 2010, 12:00 am
”This popular series, now in its 13th year, runs from fall 2010 through spring 2011 and includes nationally prominent lawyers, academics, and Pulitzer Prize-winning journalists with expertise in human rights, environmental justice, death penalty, social justice, and free speech and fair use online.Bridgette Carr, JD, director of the University of Michigan Law School Human Trafficking Clinic, kicked off the series Aug. 31 with her presentation on “Examining the Realities… [read post]
18 Dec 2009, 6:57 am
This recent article by Professor Rebecca Tushnet about “Economics of Desire: Fair Use and Marketplace Assumptions” considers the incentive structure of copyright in some detail, based on the recognition that many creators create out of desire, or even compulsion, rather than a direct expectation of the money to be made for them or their heirs. [read post]
19 Mar 2024, 2:59 am
Also, would the Developer’s training of the AI system using an Ultraman image also constitute copyright infringement, or would the fair use exception apply? [read post]
29 Mar 2016, 6:10 am
With a robust venture capital community, more competitive telecommunications market, laws that support innovative Internet companies through copyright fair use and liability safe harbours, and a well-developed entrepreneurial culture, Canada is a long way from replicating the U.S. innovation environment. [read post]
12 Dec 2010, 5:34 pm
Of course, there's lots of excellent defenses, such as newsworthiness, Free Speech, fair use (to claims of copyright infringement), and, of course, implied consent. [read post]
