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28 Jan 2021, 9:23 am
The content ID systems currently in use by some bigger platforms have already created problems – often pulling material for which a user has a license or where the user can rely on some other right (e.g., fair use) to use content without a license. [read post]
28 Jan 2021, 7:04 am
Because a fair use defense to copyright infringement is highly fact intensive, educational institutions should seek the advice of counsel when determining if a use of materials is likely to be fair use. [read post]
28 Jan 2021, 5:36 am
We are writing to express enthusiastic support for laws that mandate fair access to parts, tools, service information and repair software. [read post]
Newly Published: Jacqueline D. Lipton, Law and Authors: A Legal Handbook For Authors (2020) @PittLaw
27 Jan 2021, 10:48 am
Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. [read post]
Newly Published: Jacqueline D. Lipton, Law and Authors: A Legal Handbook For Authors (2020) @PittLaw
27 Jan 2021, 10:48 am
Through case studies and hypothetical examples, Law and Authors addresses issues of copyright law, including explanations of fair use and the public domain; trademark and branding concerns for those embarking on a publishing career; laws that impact the ways that authors might use social media and marketing promotions; and privacy and defamation questions that writers may face. [read post]
26 Jan 2021, 10:58 am
Though they may still have a strong fair use case, depending on the specific use, commercial use is treated more suspiciously in fair use decisions than non-commercial ones. [read post]
25 Jan 2021, 5:00 am
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]
24 Jan 2021, 1:09 pm
Fair Use v Fair DealingOf course, Hudson weighs in on the popular debate of whether countries with a closed list of fair dealing exceptions face struggles that can only be resolved by implementing an open-ended fair use system. [read post]
24 Jan 2021, 7:59 am
The court says Newman qualifies for fair use. [read post]
22 Jan 2021, 4:35 pm
In sum, because it is clear from the face of the FAC that three out of the four fair use factors favor Newman and that the remaining factor can at best be deemed neutral, the court finds Newman entitled to the fair use defense as a matter of law. [read post]
21 Jan 2021, 6:30 am
However, the Defendant’s app also prominently featured Plaintiff’s design mark, which could undermine any fair use defense. [read post]
15 Jan 2021, 1:52 pm
Ratajkowski did not profit from the post in any way, This is not the first time fair use has been used in these circumstances. [read post]
15 Jan 2021, 6:30 am
Ninth Circuit Clarifies Transformative Fair Use in Dr. [read post]
15 Jan 2021, 6:30 am
Ninth Circuit Clarifies Transformative Fair Use in Dr. [read post]
14 Jan 2021, 4:15 am
” While the district court’s partial summary judgment ruling for Minaj said that Minaj had established a fair use defense to Chapman’s copyright infringement claims, it also said Chapman’s distribution claim should be tried and resolved by a jury, so the case moved forward. [read post]
10 Jan 2021, 5:00 am
New post: Computer and Internet Weekly Updates for 2021-01-02 https://t.co/PYepvi8zA3 2021-01-03 Computer and Internet Weekly Updates for 2021-01-02 https://t.co/PYepvi8zA3 2021-01-03 New post: Top legal developments in e-commerce, privacy and intellectual property https://t.co/Ps5Uv3dlEm 2021-01-04 Virtual Team Builders – Engaging People for Results https://t.co/B9JO2wZqmx 2021-01-04 https://t.co/wsRGjwvR1s 2021-01-04 New rules on removal of illegal online content could help in battle… [read post]
8 Jan 2021, 11:04 am
Sarony (US 1884) Copyright Protection for Photographs and Concepts of Authorship in an Age of Machines (Twelve Tables Press 2020)Paul Heald, Copy This Book! [read post]
7 Jan 2021, 12:10 pm
Unsophisticated parties may not realize that they can opt-out of the streamlined process, and may not assert defenses like fair use. [read post]
7 Jan 2021, 12:10 pm
Unsophisticated parties may not realize that they can opt-out of the streamlined process, and may not assert defenses like fair use. [read post]
5 Jan 2021, 8:45 am
The judge, however, ruled that Corellium’s use of iOS was a fair use. [read post]
