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10 Jan 2019, 1:00 pm
These not only raise fair use questions, but are often very difficult to match accurately. [read post]
7 Jan 2019, 9:10 am
But what about fair use? [read post]
7 Jan 2019, 6:00 am
In 1995, Congress extended to sound recording owners the exclusive right to perform the work publicly by means of a digital audio transmission, but legislative efforts for a full public performance right since then have been unsuccessful.7See, e.g., Performance Rights Act, H.R. 848, S. 379, 111th Cong. (2009); Performance Rights Act, H.R. 4789, S. 2500, 110th Cong. (2010); Free Market Royalty Act, H.R. 3219, 113th Cong. (2013); Fair Play Fair Pay Act of 2015, H.R. 1733, 114th Cong.… [read post]
6 Jan 2019, 5:17 am
photo: Melissa GutierrezGuy Pessach (The Hebrew University of Jerusalem) “Considering the Implications of Big Data for SMEs and Others – Intellectual Property Law Dimensions – the EU and Beyond”Rethinking free usesClaudy Op den Kamp (CIPPM, Bournemouth University) – chairChristophe Geiger (CEIPI, University of Strasbourg), “’Fair use’ through fundamental rights in the EU after the AG’s Opinion inFunke Medien”Marc… [read post]
5 Jan 2019, 8:29 am
Sept. 28, 2018): ” “Nanner’s” use of Plaintiff’s “Baiden” trademark in her review, and by extension Defendant’s publishing of such a review, was a permissible nominative fair use. [read post]
5 Jan 2019, 5:37 am
He won two trials (in the first one, copyrightability was the key issue; in the second one, fair use, where he achieved a hung jury in the first trial and was actually just one jury vote away from winning), but the Federal Circuit--fortunately, from my perspective as a software developer and trivia content author--reversed the district court twice. [read post]
4 Jan 2019, 7:02 am
Marc Jacobs may have an uphill battle to establish that the use is sufficiently transformative for fair use (or another defence) to apply.My perspective may be a little biased from growing up as a (not cool enough to be properly into Nirvana but nevertheless influenced by them) teenager in the '90s. [read post]
3 Jan 2019, 7:50 am
We believe this precedent will not have that undesirable effect for reasons discussed below in the section on fair use. [read post]
1 Jan 2019, 1:11 pm
Fair use makes sure that the rights of the public expand at the same time. [read post]
31 Dec 2018, 6:13 pm
Before we think predictions for 2019, let’s consider the vast ground we’ve covered in 2018: The TTAB turned sixty years old, so we offered some commentary and predictions; Super Bowl LII came to Minneapolis, so we covered ambush marketing and fair use; We celebrated a Minnesota Vikings’ Minnesota Miracle, a very distant memory now; Following that Miracle, Martha explained why the Philly Special isn’t so special; Draeke shared how to overcome trademark… [read post]
31 Dec 2018, 4:30 am
Fox News Network, LLC, declining the opportunity to decide what would have been the Court’s first case on fair use in a copyright context in 20 years. [read post]
31 Dec 2018, 4:30 am
Fox News Network, LLC, declining the opportunity to decide what would have been the Court’s first case on fair use in a copyright context in 20 years. [read post]
30 Dec 2018, 3:03 am
In January, two US Congressmen launched a proposed new statute that had the support of both music copyright owners and music users, in an effort to overhaul of the mechanical royalties system in the US. [read post]
29 Dec 2018, 4:30 am
ReDigi: No Fair Use or Lawful Resale of Music Files Under First Sale Doctrine appeared first on IPWatchdog.com | Patents & Patent Law. [read post]
29 Dec 2018, 4:30 am
The Court of Appeals for the Second Circuit recently issued a decision in Capitol Records, LLC v. [read post]
26 Dec 2018, 1:54 pm
And it showed us that we are not provincial in the problems we seek to address or the solutions we are developing. [read post]
24 Dec 2018, 7:53 am
There is a case so plainly inappropriate for a fair use defense, and this is that case [read post]
22 Dec 2018, 4:10 am
The preliminary injunction orders the defendants to cease their “reverse passing off” of Annie Sloan® products as Jolie Home products and their distribution of advertisements and labels for Jolie Home paints which claim to use the same formula as Annie Sloan® Chalk Paint® and used the trademarked phrase “chalk paint” in a non-fair use manner. [read post]
21 Dec 2018, 8:47 am
This video was an obvious fair use. [read post]
20 Dec 2018, 2:20 pm
It's not like copyright, either: copyright has important limits, like "first sale" (which says that after a rightsholder sells or gives you a copy, they can't control how you use that copy: you can sell it, study it, or dispose of it; and "fair use" (a broad spectrum of activities that copyright permits, including transformative use, quoting, and reproduction for criticism and analysis). [read post]
