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2 Apr 2020, 4:15 am by Heidi Tandy
[A] teacher creates a transformative work, which falls into the protective bubble of Fair Use, when they craft a message, enhance their students’ educational experience, or educate their students in creating expressive content; as Fair Use is a lawful use of copyright, such usage is non-infringing and should be permitted under educational policies at all times, but particularly while teaching in the shadow of COVID-19. [read post]
20 Jul 2015, 7:46 am
Michael Schuster II, Oklahoma State University, has published Fair Use and Licensing of Derivative Fiction: A Discussion of Possible Latent Effects of the Commercialization of Fan Fiction at 55 South Texas Law Review 529 (2014). [read post]
15 Nov 2023, 6:42 am by Rebecca Tushnet
It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still fall within nominative fair use. [read post]
17 Jan 2014, 10:56 am by Parker Higgins
We'll continue to push for a strong and robust fair use doctrine. [read post]
21 Jul 2008, 12:05 am
Nonetheless, they're all obvious fair uses, even if turning the pictures into words is sometimes difficult. [read post]
17 Aug 2012, 7:26 am by Jennifer Stephens
Out of the Jungle: Copyright and Fair Use at Georgia State - Good summary by Betsy McKenzie with links to additional posts and articles regarding the whole copyright case involving GSU.Another good post: Decision Summary: Publishers v. [read post]
16 Apr 2009, 1:35 pm
  Nevertheless, I still think there is an advantage to fair use. [read post]
16 Oct 2009, 4:55 am
The American University Center for Social Media has published a Code of Best Practices in Fair Use for OpenCourseWare. [read post]
28 Aug 2014, 1:11 pm
Prince, Second Circ. 2013 at 709).Is This Fair Use? [read post]
3 Jul 2011, 5:56 am by Lisa Larrimore Ouellette
In 2000, Dean Maureen O'Rourke (BU Law) published Toward a Doctrine of Patent Fair Use in the Columbia Law Review, in which she argued that patent law, like copyright, should have a fair use doctrine. [read post]
17 Apr 2009, 3:05 pm
Circuit Court of Appeals: The court stepped through the fair use analysis, dropping positive notes here (commercial uses can be fair uses), here (a use can be transformative 'in function or purpose without altering or actually adding to the original work,' citing Perfect 10 Inc. v. [read post]
9 Oct 2022, 8:18 pm by Bruce E. Boyden
The doctrine of fair use has … Continue reading "The Surprisingly Confused History of Fair Use: Is It a Limit or a Defense or Both? [read post]
25 Feb 2015, 2:45 pm by Mitch Stoltz
The Internet is celebrating Fair Use Week, and it’s a great time to look at what Congress might do this year to help or hurt the fair use rights of artists, innovators, and citizens. [read post]
15 Jun 2017, 8:38 am by Rebecca Tushnet
  This additional creative expression was significantly transformative.Thus, the first factor weighed against fair use “as in any typical case of commercial use,” the second factor weighed in favor of fair use, the third factor weighed “heavily” in favor of fair use, the fourth and most important factor weighed heavily in favor of fair use, and the transformative use… [read post]
21 Jul 2013, 3:31 am
Thus, the court considers both the qualitative and quantitative analyses to tip in favor of fair use." [read post]
18 May 2023, 11:48 am by Jonathan Bailey
Here's what it says and what it means for fair use moving forward... [read post]