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26 May 2023, 6:00 am by Terry Hart
What the decision does is level-set fair use jurisprudence to where the Supreme Court always intended it to be after its landmark fair use case, Campbell v Acuff-Rose Music. [read post]
25 Feb 2016, 2:28 pm by Maira Sutton
Expansion of Fair Use Around the World Fair use was originally a common-law doctrine in the U.S. [read post]
15 Oct 2008, 5:25 pm
Further, Levine argued, the fair-use analysis is complicated, and the creators of the videos are better equipped to perform it. [read post]
7 May 2012, 9:12 pm by Dennis Crouch
contain a fair use exception beyond the extremely narrow experimental use and de minimis defenses to patent infringement. [read post]
4 Dec 2008, 1:10 pm
The idea is that the noncommercial clipping exemption would piggyback on a fair use determination, so that fair uses would not be deterred by the threat of DMCA liability, but there would not be a blanket exemption for clipping. [read post]
8 Nov 2011, 7:54 am by Rebecca Tushnet
What’s driving her work on fair use isn’t fair use, but the problem of universal commodification. [read post]
6 Nov 2009, 12:16 am
Economies of Desire: Fair Use and Marketplace Assumptions, 51 Wm. [read post]
1 Aug 2008, 12:24 am
But when someone uses them in a way which is clearly a parody or criticize, the First Amendment and the fair use doctrine should protect that use. [read post]
27 May 2010, 7:08 pm by Ray Dowd
Fair use, parody, internet commentary, the importance of Growing Up Gotti tweetmeme_source = 'raydowd'; Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. [read post]
8 Jul 2014, 10:47 am by Rebecca Tushnet
In 2008, Tony Reese presciently told us that the case law on fair use "transformativeness" showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use. [read post]
17 Sep 2015, 11:58 am by Rebecca Tushnet
  Interoperability, fair use, secondary liability, and balance—issues then, issues now. [read post]
26 Mar 2015, 6:03 am by Rebecca Tushnet
That fair use analysis wreaked a lot of mischief in the decade it controlled, chiefly by making it much more difficult for commercial uses to claim their uses were fair. [read post]
17 Sep 2024, 3:50 pm by Rich
This means that a particular use only gets established as a fair use if the copyright owner decides to file a lawsuit and the court upholds the fair use defense. [read post]
6 Sep 2024, 10:15 am by Alec Pronk
This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road… [read post]
6 Sep 2024, 10:15 am by Alec Pronk
This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road… [read post]
1 Oct 2010, 8:56 am
Norsigian and his lawyer have a pretty good fair use defense as to the trademark claims. [read post]