Search for: ""fair use""
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6 Jul 2019, 7:19 pm
If we were really concerned that transformativeness has gone too far … then one way to deal with that problem would be to take infringement more seriously rather than using fair use as a clean-up tool. [read post]
13 Nov 2015, 3:57 pm
Believing his video to be a lawful fair use, LiberalViewer counter-noticed. [read post]
17 Jul 2018, 2:56 pm
I’m grateful that the court recognized the importance of fair use to our archive. [read post]
31 Mar 2016, 12:13 pm
Google has defended against the allegations by arguing, inter alia, that its use of the copyrighted material was permissible as a fair use. [read post]
25 Apr 2013, 6:12 pm
Today the Second Circuit Court of Appeals issued a long-awaited decision in favor of fair use in Cariou v. [read post]
25 Apr 2013, 12:59 pm
So, on first blush, I’m not sure how much this decision does to reduce the level of uncertainty around the issue of fair use going forward. [read post]
16 Jun 2014, 8:21 am
Maybe Google has realized that it can't prevail on copyrightability and will now focus on fair use, its sole remaining defense (I explained earlier this year why I don't see a "fair use" case here, though I now tend to agree with Google on fair use in the Google Books context), and exhaust all appeals in connection with fair use. [read post]
17 Jun 2022, 12:49 pm
Without such an evaluation, the presence of substantial similarity—a predicate question before fair use is relevant—turns into a rejection of fair use despite the statutory command. [read post]
8 Sep 2014, 6:00 am
Group), all of which are summarized at our Stanford fair use post. [read post]
11 Feb 2025, 12:09 pm
This determination proved central to the court’s overall fair-use analysis. [read post]
28 Sep 2021, 11:47 am
A watermark absolutely qualifies CMI (as long as it is used to identify the creator/rightsholder) and removing it creates a copyright violation regardless of whether the final work is or is not a fair use. [read post]
27 Jun 2014, 5:17 am
In fair use analysis, transformative use is favored. [read post]
3 Dec 2019, 9:36 am
Based on what the Federal Circuit found, there can be no reasonable doubt that a re-retrial on "fair use" would be ordered. [read post]
19 Jul 2017, 12:18 pm
People interested in the U.S. fair use doctrine owe appropriation artist Richard Prince gratitude for providing several interesting fair use cases to monitor and comment about. [read post]
27 Mar 2018, 6:41 pm
The jury returned a verdict in favor of Google onits fair use defense. [read post]
20 Oct 2022, 10:37 am
Relatedly: it would be deeply ironic if the result of this round of fair use cases was that big data uses are definitely fair use, so Google wins its cases, while each individual artist has to establish the importance of their specific fair use, even with very explicit parody or criticism.http://tushnet.blogspot.com/feeds/posts/default? [read post]
21 May 2007, 7:39 am
Despite copyright law's grant of rights in derivative works to the original's owners, we argue that Mary Sues that challenge the orthodoxy of the original likely constitute fair use. [read post]
25 May 2023, 12:45 pm
In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of one of the witnesses, Sy Damle of Latham & Watkins, who also formerly served as U.S. [read post]
25 May 2023, 12:45 pm
In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of one of the witnesses, Sy Damle of Latham & Watkins, who also formerly served as U.S. [read post]
20 May 2016, 12:00 am
But, small snippets used in the context of a bona-fide movie review will most likely constitute FAIR USE, and therefore NOT copyright infringement. [read post]
