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9 Jan 2020, 10:00 pm
In doing so, Judge Sorokin rejected Habib’s fair use defense, claiming Habib’s arguments had “miss[ed] the mark. [read post]
9 Jan 2020, 7:56 am by Valeria Negron
A separate injunction was previously denied by the US Court of Appeals for the Ninth Circuit, as they said that the policy change was a fair use of the administration’s power. [read post]
8 Jan 2020, 8:36 am by Jonathan Bailey
Habib, however, had argued that the videos were fair use. [read post]
6 Jan 2020, 11:07 am by Jonathan Bailey
This raised questions on whether APIs can be protected by copyright and, if they can, is their use is a fair use. [read post]
6 Jan 2020, 8:03 am by Chris Castle
(Not to mention the showdown over Google’s fair use loophole brewing in the Supreme Court in the Google v. [read post]
31 Dec 2019, 4:40 am by Ben
 Advocate General Maciej Szpunar advised CJEU to rule that quotation exception in EU law is not limitless and that there is no fair use in the EU - and that (1) the exception within Article 5(3)(d) of the InfoSoc Directive requires one to consider the purpose of the quotation at issue, and (2) fundamental rights like freedom of expression do not allow EU Member States to go beyond the catalogue of exceptions in Article 5 to envisage new exceptions, or even introduce… [read post]
Although the Lanham Act militates against such anti-competitive behavior—infringement being harder to prove for descriptive marks and there existing a descriptive fair use defense that permits, in some circumstances, use of another’s mark—this may not dissuade some trademark owners from trying their luck in court. [read post]
23 Dec 2019, 8:12 am by Thaddeus Hoffmeister
Conceptually, fair use is a public policy question. [read post]
23 Dec 2019, 4:00 am by Barry Barnett
Giving up after 19 months didn’t save patent plaintiff from paying defendants’ attorneys’ fees. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/18-2393.Opinion.12-16-2019.pdf … Amgen can keep $70 million jury award for infringement of patent on anemia drug. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-1067.Opinion.12-16-2019.pdf … Bankruptcy Code pre-empted state-law fraudulent transfer claims against cashed-out… [read post]
22 Dec 2019, 5:04 am by Katharine Trendacosta
EFF will continue to stand up for fair use protections and against copyright trolls. [read post]
19 Dec 2019, 4:00 am by Karim Benyekhlef and Nicolas Vermeys
Finally, we will elaborate a governance framework geared towards guaranteeing the fair use of AI within the justice sector. [read post]
11 Dec 2019, 3:05 pm by Ken Moon
Taking a cynical viewpoint, maybe there was a ‘commercial’ motive for promoting the concept that transient reproduction of streams by recipients should be considered an infringement which could only be exempted by detailed statutory exceptions (or by case law developments of a fair use doctrine). [read post]
10 Dec 2019, 9:58 am by Jonathan Bailey
Even if your use is a clear fair use, it may get you caught in Content ID. [read post]
10 Dec 2019, 4:32 am by Dennis Crouch
, the fair use doctrine) and related case law adequately address the legality of making such use? [read post]
6 Dec 2019, 3:00 pm by Kevin O'Keefe
Also know that the doctrine of Fair Use in the United States allows you to reference and quote fairly liberally for teaching, commentary, research and reporting without having to seek permission or pay the copyright holder. [read post]