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4 Nov 2013, 6:19 am by Wystan Ackerman
Google, Inc., 721 F.3 132 (2d Cir. 2013), in which the Second Circuit directed the district court to decide whether Google had a fair use defense to copyright claims involving Google’s “Google Books” project before reaching the issue of class certification. [read post]
1 May 2024, 9:05 pm by Will Rasenberger
If one of the metaphors gains traction, it could affect how the courts rule on whether the AI companies have violated copyrights or made non-infringing “fair use” of human works, Maas suggests. [read post]
3 May 2007, 9:08 am
            The letter does not propose some radical change in copyright law, or an unjustified expansion in "fair use. [read post]
16 Apr 2009, 10:45 am
For example, software that could filter out illicit copies of copyrighted works, without impinging on fair use, authorized copying, or the exchange of public domain materials, would be greeted eagerly not only by the content industry, but by ISPs. [read post]
10 Oct 2011, 9:15 am by Annemarie Bridy
Along with fair use, the first sale doctrine promotes public access to culture and information by functioning as a crucial limit on the right of a copyright owner to control the disposition of a copyrighted work. [read post]
13 Nov 2007, 11:54 am
   It avoids taking positions on many controversial yet crucial policy issues including preservation of public domain works, the digitization of "orphan works" where the works are still protected by copyright but the creator's whereabouts are unknown, and the development of a fair use approach to digitization and public access. [read post]
2 Apr 2014, 7:42 am by Dave_Fagundes
This aspect of the British copyright reform strikes me as a perfectly good and sensible idea (as did its other features, like broadening the UK notion of fair use), but response to it sounded more in the register of “meh” or “so what? [read post]
28 Apr 2014, 1:53 pm
Aereo is exploiting a seam in copyright law that implicates fair use, performance rights, and how these rules apply to cloud computing. [read post]
31 Oct 2009, 11:42 pm
The complexity of the judgment is why the courts decide fair-use questions on a case-by-case basis, with individual rulings helping to chart a rough dividing line between acceptable uses and infringements. [read post]
19 Apr 2010, 7:29 am
(A fair use defense will obviously not work for you as you are not transforming the work and you're using it for a straight-forward commercial purpose.) [read post]
10 Jan 2007, 6:38 am
Title keys will, however, be enough to enable in-home fair use. [read post]
9 Jul 2009, 12:03 pm
So, for example, if a blog post has its text in under a CC license and but uses an image as a fair use example, the image, at least in some occasions, winds up in the search. [read post]
15 Jun 2011, 12:25 pm by David Kravets
” Photo: Courtesy of Clayton Cramer See Also: Accusations Fly in Viacom, YouTube Copyright Fight EFF Demands Copyright Troll Pay for Suing Democratic Underground Viacom Says YouTube Ruling Will ‘Completely Destroy’ Copyright Newspaper Chain’s New Business Plan: Copyright Suits Copyright Czar Backs IP Enforcement, ‘Fair Use’ EFF Sues Newspaper Chain’s Copyright Troll [read post]
12 Apr 2012, 10:12 am by Andrew W. Torrance
While patent law recognizes few and weak exceptions to infringement, copyright law offers a robust fair use exception for copying done in contexts such as scholarship and research. [read post]
12 Jul 2011, 5:25 am by Kevin Smith, J.D.
And a cynic might see behind this new effort to ratchet up penalties for infringement an attempt to frighten other universities away from following the example of UCLA in streaming digital video for classroom teaching; under this bill criminal charges might be possible if a fair use defense of that practice were rejected. [read post]
2 Jul 2024, 3:16 am by musicandcopyright
The developers have argued that the use of copyright-protected works is covered by the fair use doctrine under US copyright law. [read post]
5 Aug 2010, 2:59 am by gmlevine
At a minimum the complainant must affirmatively state that 1) it has no relationship with the respondent and did not authorize the respondent to use its trademark, facts within the complainant’s knowledge [paragraph 4(c)(i) of the Policy], 2) the respondent is not commonly known by the domain name, a fact evidenced by the respondent’s name disclosed in the Whois database [paragraph 4(c)(ii)] and 3) the respondent is not using the website for legitimate… [read post]
10 Aug 2013, 8:40 am by Eric
Curiously, the court doesn't use the phrase "nominative use," but it does reference the federal dilution statute's exclusion for "fair use. [read post]
7 Aug 2014, 11:25 am by Kevin
(Whether posting a sample like this one is "fair use" is a different question, one I obviously resolved in favor of yes.) [read post]
9 Apr 2012, 8:22 am by Keith Lee
We encourage researchers to use the data under fair use for research purposes. [read post]