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12 Dec 2021, 1:09 pm by Dennis Crouch
The California test, which borrows from copyright’s fair-use analysis the consideration of “whether the new work merely supersede[s] the objects of the original creation, or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is transformative. [read post]
12 Dec 2021, 9:15 am by Eileen McDermott
The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use. [read post]
12 Dec 2021, 9:15 am by Eileen McDermott
The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use. [read post]
11 Dec 2021, 9:34 am by Eric Goldman
For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use. [read post]
10 Dec 2021, 12:56 pm by Lloyd J. Jassin
 Those uses are called fair uses. [read post]
10 Dec 2021, 12:56 pm by Lloyd J. Jassin
 Those uses are called fair uses. [read post]
10 Dec 2021, 11:15 am by IPWatchdog
Copyright Office is studying and requesting comment on a proposal to defer registration examination; a bipartisan group of Senators introduce a new bill that would require social media companies to provide data to NSF-vetted independent researchers; Toyota Motor announces that it will shutdown production at two Japanese facilities due to labor and supply chain issues; the Warhol Foundation files a petition for cert to appeal the Second Circuit’s ruling that Andy Warhol’s Prince series… [read post]
10 Dec 2021, 11:15 am by IPWatchdog
This week in Other Barks & Bites: a recent GAO report makes several recommendations designed to improve the Department of Defense’s lack of expertise in IP valuation and licensing; The U.S. [read post]
8 Dec 2021, 8:19 am by Jonathan Bailey
According to Fitzpatrick, he ensures that himself and those that work for him follow both YouTube’s fair use policy and the various countries that they operate in. [read post]
7 Dec 2021, 6:00 am by Elin Hofverberg
Used under the Swedish Parliament Press Pictures fair use rules.The Swedish Constitution provides that prime ministers are elected as long as a majority of members do not vote against them. (6 ch. 3 § Regeringsformen (RF) [Instrument of Government] [Swedish Constitution](SFS 1975:152).) [read post]
7 Dec 2021, 4:10 am by Thomas James
Fair use The Fair Use Doctrine is a defense to copyright that may present an obstacle to the enforcement of a copyright in a joke sometimes. [read post]
7 Dec 2021, 4:10 am by Thomas James
Fair use The Fair Use Doctrine is a defense to copyright that may present an obstacle to the enforcement of a copyright in a joke sometimes. [read post]
The District Court held that subject to certain amendments to the Disclaimer’s wording and prominence as well as the addition of ScentWish’s trademark alongside Chanel’s Trademarks, ScentWish may benefit from the defence of Genuine (fair) Use (set forth in Section 47 of the Trademarks Ordinance [New Version], 1972 (“Genuine Use“)). [read post]
1 Dec 2021, 6:26 am by David Klein
When using a third party’s work in their content, influencers must ensure that they have proper permission or qualify for an exemption (ex., “fair use”). [read post]
29 Nov 2021, 4:22 am by Kenan Farrell
While the defendant might be hoping to rely on a “news reporting” fair use defense, unfortunately there’s really no “fair use” reason to use the plaintiff’s specific photograph. [read post]
23 Nov 2021, 11:09 pm by Firemark Law Team
 AND, if you’re found to have abused the DMCA takedown, without considering possible defenses, (like Fair Use, which I’ve covered in another video… the link is in the description below) (http://firemark.com/fairuse)) Well, it’s rare, but you could be liable to them for damages and attorneys’ fees. [read post]
21 Nov 2021, 12:05 pm by Eric Goldman
The board didn’t expressly reference fair use, but we have to assume that fair use would apply even when there is identical depictions of 100% of the work. [read post]
18 Nov 2021, 8:54 am by Jonathan Bailey
Let me know via Twitter @plagiarismtoday. 1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use” First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement. [read post]