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10 Sep 2018, 11:35 pm
The fair use assessment requires to consider - among other things - whether the use made of a work 'adds value to the original - if the quoted matter is used as raw material, transformed in the creation of new information, new aesthetics, new insights and understandings - this is the very type of activity that the fair use doctrine intends to protect for the enrichment of society' (PN Leval (1990), 'Toward a Fair Use Standard' 103 Harv L Rev 1105,… [read post]
12 Sep 2023, 3:33 am by SHG
But at that moment, Judge Chutkan had no idea that United States v. [read post]
5 Jul 2016, 4:03 pm by INFORRM
Taking into account the margin of appreciation afforded to the State in this area, and explicitly referring to the principle of subsidiarity, the ECtHR finds that the reasons relied on by the domestic courts were relevant and sufficient for the purposes of Article 10 of the Convention and that they struck a fair balance between the competing interests at stake. [read post]
16 Apr 2018, 5:48 am by Florian Mueller
For a final "See I Told You So," I'd like to note that last month the Federal Circuit completely vindicated my longstanding "fair use is a fairy tale" position on Oracle v. [read post]
25 Apr 2016, 5:00 am
It is now clear that the subjects in charge of collecting the fair compensation for private copying (e.g. collective management organisations) can bring proceedings before the courts of the Member State where the harm arising from missed payments is felt. [read post]
9 Jun 2010, 1:54 pm by Jason Byrne
On June 8, 2010, the Court of Appeals published its opinion in Michigan Basic Property Insurance Association v. [read post]
7 Oct 2009, 12:00 am
United States, 156 U.S. 432, 453 (1895). [read post]