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19 Dec 2006, 9:23 am
Of particular interest are part III on fair use, and part IV on IP rights in online worlds. [read post]
10 Jun 2013, 6:28 am by Rebecca Tushnet
Turning now to fair use, this requires the defendant to prove use (1) other than as a mark, (2) in a descriptive sense, and (3) in good faith. [read post]
18 Apr 2009, 7:34 am
A.V. v. iParadigms, LLC (4th Cir. 2009) The court of appeals affirmed the district court's finding of fair use, though reversed on the counterclaim for violation of the CFAA. [read post]
4 Apr 2012, 8:54 am by Arina Shulga
A good example of fair use parody in trademark law is the “Chewy Vuitton” case (Louis Vuitton Malletier S.A. v. [read post]
30 Mar 2021, 5:20 am
Why was the Second Circuit able to decide that Warhol’s image wasn’t protected by fair use as a matter of law when it was unable to do so for images in Cariou that are arguably less transformative than Warhol’s? [read post]
25 Aug 2021, 11:49 am by Jonathan Bailey
Oracle ruling, as hard won as it was, isn’t going to be a bellwether for copyright or fair use. [read post]
16 Oct 2018, 10:00 am by Jody Simon
It has been 20 years since the Supreme Court issued a major fair use decision. [read post]
28 Sep 2022, 7:45 am by Steven Cohen
  After numerous motions and decisions, the only issue remaining in this case is if the fair use doctrine is in use when the snippets are published. [read post]
27 Apr 2015, 6:50 am by Kevin Smith, J.D.
It looks more and more like we will get a new ruling from the trial court in the Georgia State case about what is or is not fair use for digital course readings. [read post]
27 Apr 2015, 6:50 am by Kevin Smith, J.D.
It looks more and more like we will get a new ruling from the trial court in the Georgia State case about what is or is not fair use for digital course readings. [read post]
19 Sep 2008, 1:31 am
 Lenz argued that fair use is an authorized use of copyrighted material and that the fair use doctrine is an express component of copyright law. [read post]
9 Feb 2024, 1:43 pm by Thomas James
Fair use The Court applied the four-factor test for fair use set out in 17 U.S.C. [read post]
17 Dec 2007, 4:41 pm
Hard to say for sure, but in the end, it probably is a fair use. [read post]
18 Jul 2018, 9:59 pm by Steve Baird
Over the years, we’ve lifted away a lot of dust on the hairy subjects of classic trademark fair use, nominative fair use, and comparative advertising, especially in the context of billboard ads. [read post]
31 May 2022, 8:43 am by Jonathan Bailey
Currently, in Taiwan, teachers are allowed a broad fair use exemption for in-person instruction, but this would expand that to include virtual instruction. [read post]
16 Nov 2020, 7:59 am by Jonathan Bailey
Let me know via Twitter @plagiarismtoday. 1: Trump Tries “Fair Use” Defense in Song Copyright Lawsuit First off today, Eriq Gardner at The Hollywood Reporter Esquire reports that the reelection campaign for President Trump is claiming fair use in their lawsuit filed by Eddy Grant over the campaign’s use of the song Electric Avenue. [read post]
6 Jun 2013, 11:05 am by Jonathan Bailey
However, according to the ALRC, under the proposed new rules Optus would likely win as its use of the content would be merely to facilitate the users’ fair use of it. [read post]
30 Sep 2015, 6:12 am by Kevin Goldberg
Fair use, being the fluid concept that it is, is very fact specific. [read post]
14 Sep 2020, 9:16 am by Jonathan Bailey
However, the judge has ruled that HuffPost’s use of the image was fair use because it was adequately transformative. [read post]