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15 Mar 2019, 8:17 am
IP 101. [read post]
15 Mar 2019, 6:00 am
Seuss Mashup Deemed Copyright Fair Use by Judge— The decision, involving a novelty book that combines Seussian style rhymes and artwork with Trekkie characters and other elements, distinguished the Federal Circuit’s Oracle v Google decision and analogized to the Second Circuit’s decision involving a Naked Gun 33 1/3 promotional poster that parodied Annie Liebowitz’s famous portrait of a pregnant Demi Moore to find the force was strong with fair… [read post]
15 Mar 2019, 5:15 am
Seuss/Star Trek mash-up is a transformative fair use; Apple alleges that someone has tampered with a key witness in the Qualcomm patent infringement case; and UK finance ministers issue a report calling for more antitrust activity against American tech giants, including Facebook and Google. [read post]
14 Mar 2019, 12:09 pm
” And the complaint pled nominative fair use: the associated screenshots showed that Malwarebytes uses “download.driversupport.com. [read post]
13 Mar 2019, 12:56 pm
In the US it has been argued that data mining falls under fair use as being transformative, and I tend to agree with that opinion. [read post]
13 Mar 2019, 8:48 am
The ability to reference a company by name and logo in critical commentary is an extraordinarily important aspect of free speech and fair use. [read post]
13 Mar 2019, 2:00 am
Google, I've also suffered a couple of shitstorms, which wouldn't have happened if the lower court (Northern District of California) hadn't made some bad decisions that the higher court (Federal Circuit), which arrived at the very same conclusions regarding copyrightability (first appeal) and fair use (second appeal) as I did, found erroneous. [read post]
8 Mar 2019, 6:00 am
Supreme Court Will be Asked to Permit Resales of Digital Music Files — ReDigi is likely seeking to file a cert petition asking the Supreme Court to reverse the decision of the Second Circuit, which held that the service’s unauthorized reproduction of digital music files is not permitted under the first sale doctrine or fair use. [read post]
7 Mar 2019, 10:05 am
” Notably, any recovery is still also dependent upon other factors such as when publication occurred, fair use, etc. [read post]
7 Mar 2019, 6:00 am
The post Rivian’s F-150 Masquerade: Fair Use or Trade Dress Infringement? [read post]
6 Mar 2019, 1:00 pm
The increasingly muddy morass of the “fair use” doctrine. [read post]
4 Mar 2019, 10:55 am
| Swedish patent case-law and 2018 patent highlights | Swedish Supreme Court finds hypothetical licence fee too hypothetical | Is a prohibition to use also a proper reason not to use? [read post]
4 Mar 2019, 10:20 am
I took some time during fair use/fair dealing week to belatedly look at the second edition of “Reclaiming Fair Use” by Patricia Aufderheide and Peter Jaszipublished last year by the University of Chicago Press. [read post]
4 Mar 2019, 5:08 am
Probably not, considering the four fair-use factors. [read post]
1 Mar 2019, 12:44 pm
This week is Fair Use Week, an annual celebration of the important doctrines of fair use and fair dealing. [read post]
1 Mar 2019, 6:00 am
” Fair Use Week Again. [read post]
28 Feb 2019, 10:00 am
WJLTA’s blog has previously commented on this evolution, including fair use controversies, monetization protection with Content ID, and the development of a Fair Use Protection Program. [read post]
27 Feb 2019, 2:17 pm
Fair use in copyright wasn't always so 'transformative' until this law review article was published. [read post]
27 Feb 2019, 9:00 am
Let me know via Twitter @plagiarismtoday. 1: Nicki Minaj Responds to Tracy Chapman Lawsuit, Denies Copyright Infringement First off today, Braudie Blais-Billie and Matthew Strauss at Pitchfork reports that Nicki Minaj has responded to Tracy Chapman’s lawsuit by claiming that Chapman lacks standing in the case and that, even if she does have standing, that Minaj’s use was a fair use. [read post]
26 Feb 2019, 1:20 pm
| EUIPO says McDonald's 'BIG MAC' trade mark may be revoked due to lack of genuine use | “Let Me Be Frank”: Kevin Spacey gambles with infringement | Technicalities in copyright litigation in Nigeria: MCSN v Compact Disc Technology | Mr Justice Nugee grants Philip Morris ex parte pan-EU preliminary injunction for heated tobacco device design | From Star Wars to diversity: An audience with Lady Hale - President of the UK Supreme Court | GPL Cooperation Commitment:… [read post]