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6 Feb 2022, 1:05 pm by Giorgio Luceri
Topics will include access and substantial similarity, fair use, performers' rights, moral rights, expert testimony, the role of lay listeners, sound sampling as it appears in court and out-of-court litigation. [read post]
6 Feb 2022, 8:04 am by David Oxenford
  Other participants countered that the proposed legislation would infringe on the tech platforms right to make “fair use” of content from traditional media and argued that the legislation would allow big traditional media companies to get bigger while not benefitting small local outlets. [read post]
3 Feb 2022, 9:00 am by Jonathan Bailey
According to a video he uploaded, his videos will remain available in countries with a broad fair use exemption, like the United States, but not in countries like Toei’s native Japan that have narrow exemptions. [read post]
27 Jan 2022, 9:49 am by Eric Goldman
The first Supreme Court ruling on fair use in over a quarter-century, and it’s a good one. [read post]
27 Jan 2022, 9:05 am by Mitchell Stabbe
  Under trademark law, use of a third party’s trademark is considered to be permissible “nominative fair use” if the use does not suggest a relationship between the advertiser and the trademark owner, and the trademarked goods or services cannot be readily identified without using the trademark. [read post]
26 Jan 2022, 3:12 pm by Sabrina I. Pacifici
The only thing we have as a legal precedent are those nebulous factors for Fair Use as defined in the United States Code. [read post]
26 Jan 2022, 7:04 am by Danielle Garno
He also claimed that his activities constituted fair use and thus were permissible under the law. [read post]
26 Jan 2022, 7:04 am by Danielle Garno
He also claimed that his activities constituted fair use and thus were permissible under the law. [read post]
25 Jan 2022, 2:08 am by Florian Mueller
That fair use JMOL is grossly consistent with the entire body of fair use case law in the United States concerning transformative use and the impact of a derivative work on the original creator. [read post]
20 Jan 2022, 3:37 am
In its answer, however, it did raise the issue of parody, claiming no likelihood of confusion and fair use. [read post]
19 Jan 2022, 4:36 pm by INFORRM
Rothschild began his MetaBirkins series with a single piece of digital art that arguably acted as commentary, giving he and his co-creator a First Amendment/fair use argument. [read post]
19 Jan 2022, 12:38 pm by Rebecca Tushnet
Grimaldi and nominative fair use support this result, the deeper core is that the Lanham Act shouldn't be read to cover noncommercial speech in the first place.http://tushnet.blogspot.com/feeds/posts/default? [read post]
19 Jan 2022, 8:56 am by Jonathan Cohen
  It also advanced for comment changes to copyright law to give traditional publishers more control of the use of their content, including narrowing of the “fair use” doctrine or the creation of federal protection for “hot news,” limiting the distribution of factual information from breaking stories. [read post]
18 Jan 2022, 11:01 am by Eugene Volokh
In a letter sent late last week, I explained both that the domain name for the parody menu is well protected by a line of cases that Public Citizen established back in the first decade of this century, and that the menu itself is a fully protected, noncommercial parody that cannot possibly be confused with Sarantakos' commercial enterprise and in any event is fair use under both trademark and copyright laws…. [read post]
17 Jan 2022, 9:20 am by Katharine Trendacosta
Fair use makes it possible for us to comment, criticize, and rework our common culture. [read post]