Search for: ""fair use""
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7 Oct 2020, 12:18 pm
The Supreme Court will determine whether Google’s use of Java Code was “fair use” under federal copyright law. [read post]
7 Oct 2020, 9:07 am
It's also possible that Oracle wins affirmance on "fair use" (especially since a split 4-4 decision would be sufficient for affirmance), but I doubt it. [read post]
7 Oct 2020, 8:53 am
However, Google has long held that APIs are not able to be protected by copyright and that, even if they are, the copying was fair use. [read post]
6 Oct 2020, 1:37 pm
A ruling for Google on fair use grounds would set a good precedent for the next developer of API-compatible software to argue that their use is also fair. [read post]
6 Oct 2020, 11:11 am
Factors two and three of the fair use test help define the boundaries of this type of fair use. [read post]
5 Oct 2020, 12:03 pm
In the trial court, the parties did not submit detailed jury instructions on fair use, but rather agreed to a general question of whether the use was fair. [read post]
5 Oct 2020, 11:54 am
Hearty thanks to Colette Durst, Stephen Lee, and Susan Perera, for generously sharing their insights and perspectives about trademark nominative fair use. [read post]
5 Oct 2020, 10:25 am
What is the role of the Jury in deciding fair use? [read post]
4 Oct 2020, 5:29 pm
As the leading fair use commentator Judge Pierre Leval teaches, that’s why fair use analysis is devoted to determining “whether, and how powerfully, a finding of fair use would serve or disserve the objectives of the copyright. [read post]
4 Oct 2020, 12:29 pm
Costco Wholesale Corp., USA, Costco raised triable issues of fact as to its liability for infringement and counterfeiting and whether its use of “Tiffany” to describe a ring style was fair use. [read post]
3 Oct 2020, 9:28 am
Fair Use. [read post]
2 Oct 2020, 12:17 pm
RT: (based on this amicus) At its core, the fair use argument for Google is about why fair use is a multifactor test and why there are different kinds of fair uses. [read post]
29 Sep 2020, 4:15 am
” In ruling that Minaj had established a fair use defense to Chapman’s copyright infringement... [read post]
29 Sep 2020, 4:15 am
” In ruling that Minaj had established a fair use defense to Chapman’s copyright infringement claims, Judge Phillips affirmed the important role of experimenting with copyrighted works prior to licensing as a common practice within the recording industry. [read post]
27 Sep 2020, 7:08 am
Kat Friends Gretchen Su and Lee in Hae shared their thoughts about a recent case from Singapore, where the use of personal names in trade marks was addressed. [read post]
25 Sep 2020, 6:10 am
As I noted in this tweet stream, the entire Guilbeault interview raises troubling questions as he misstates the law on fair dealing/fair use, incorrectly describes how Facebook uses personal information and displays content, and inaccurately suggests that companies pay GST (consumers pay GST, companies collect and remit it). [read post]
24 Sep 2020, 9:15 am
Oracle, I’d like to build on the fair use discussion by Washington, D.C. attorney Terry Campo published in August to further analyze Google’s claims of fair use to excuse its copying. [read post]
24 Sep 2020, 9:15 am
Now, Google wants the Supreme Court to hold that this is fair use under American copyright law. [read post]
22 Sep 2020, 12:32 pm
Anyhow, the court gave “strong weight” to the “full disclosure” factor while also running through the Polaroid factors, as guided by the Second Circuit’s awful treatment of nominative fair use, sigh. [read post]
22 Sep 2020, 12:23 pm
’” Rather than explicitly arguing Dastar and First Amendment/nominative fair use, defendants argued that the NRA hadn’t alleged Lexmark standing or identified any false or misleading content on AMc’s website. [read post]
