Ninth Circuit Reverses Dismissal of Two Trademark Claims, Affirms One
2009-09-03 05:51:00 In Wyatt Technology Corporation v. Smithson, the plaintiff filed suit in the Central District of California alleging trademark claims and other business torts against the defendants arising out of the bankruptcy of the Proterion Corporation. The Central District of California dismissed three of Wyatt’s trademark claims on summary judgment. On Aug. 27, the Ninth Circuit reversed and remanded dismissal of two of the three trademark claims and affirmed dismissal of one. The opinion doesn’t provide much additional background; the court just gets to the point: “Wyatt’s trademark claims concerning domain names could have been brought under either the Lanham Act or the Anticybersquatting Protection Act. Wyatt brought suit only under the former, so it must show a use of the mark in connection with the sale of goods. Linking to commercial business qualifies. The district court’s contrary ruling constitutes legal error. The district court also erred in ...
Fair Use FAQ
2009-06-30 16:36:00 Opinions on Fair Use - Everyone’s Got One Everyone has heard of the term ?fair use.? Everyone has an opinion as to what it means. Unfortunately, very few of those people have any idea what they are talking about. And when it comes to fair use, the only thing worse than no advice, is bad advice. ...
By: Blawg IT
The Associated Press (AP) Vows Move To Deem Itself Irrelevant On The Intern
2009-04-07 04:30:00 AP To Deal Itself A Deathblow By Charging Sites, Big And Small, For Linking To Them Here we go, folks — the Associated Press is up to its shennanigans once again — going after bloggers and even dumber than that; Google, Yahoo and other search engines for linking to their news pieces... This is only a comment summary. Visit http://guntotingliberal.com to view the lastest content complete with some of the most outrageous original photoshops in the political blogosphere!
Harvey's war on fairness now targeting 'fair use'
2008-05-28 01:14:00 The good boys at Box Turtle Bulletin have been contacted by rabid anti-gay activist Linda Harvey, who has demanded that they remove a photo they were using to highlight a post. Linda even emphasized her point by saying BTB has...
By: Good As You
ABC Restricts Debate Clips to 30 Seconds; Cable Channels May Cite Fair Use
2008-04-16 01:10:00 ABC Restricts Debate Clips to 30 Seconds; Cable Channels May Cite Fair Use By Brian Stelter Charles Gibson will moderate the ABC debate on Wednesday. Maybe Barack Obama and Hillary Rodham Clinton can sum up their policy differences in 30 seconds or less
By: mini wisdom
Fair use for 2010 phrases
2008-02-05 13:26:00 The Department of Trade and Industry has granted the media fair use of phrases related to the 2010 Fifa World Cup in South Africa - various permutations that include "2010" and phrases like "Win in Africa for Africa" - which are now protected by intellectual property rights.
UFVA Fair Use & Free Speech Contest - $500 for best fair use!
2008-01-13 09:43:00 University Film and Video Association is hosting a contest for the best short documentaries employing fair use, made by higher education students and faculty. Entrants must employ fair use in quoting... Tell us how the Writers' Strike is affecting you. Call the WSC hot-line at (310) 439-8754 or ping us at wgastrike2007@gmail.com
RIAA Redefines Fair Use
2008-01-02 22:18:00 In 1984 the Supreme Court of the United States determined in a case between Universal City Studios and Walt Disney Company vs. Sony what constituted ‘Fair Use’ for video and VCRs. As time has gone by, the intent of the law has been modified to include many aspects of copying media. As the MP3 player ...
By: Daily Nonsense
HR 4279, A Whack at Fair Use?
2007-12-09 18:34:00 A fellow traveler over at profy has concerns about HR 4279. The Bill clearly raises the fines for trademark infringement. ThirdPipe has not been able to find the reference to $30k per TRACK as a basis for a fine. According to profy – What makes HR 4279 problematic is that it is a bill sponsored ...
By: Third Pipe
Using Thumbnails of Copyrighted Images is Fair Use
2007-12-04 13:22:00 Digital Inspiration – Adult magazine Perfect 10 earlier filed a copyright infringement claim against Google alleging that Google was crawling the Perfect10.com website and created thumbnails of copyrighted images that were later displayed in Google Image search results. Google did store the thumbnails but argued that image thumbnails were protected under the copyright doctrine of fair use. ... read more
Fair Use Notice
2007-10-07 23:41:00 From Information Clearing House (ICH) Fair Use Notice This web site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance the understanding of humanity's problems and hopefully to help find solutions for those problems. read more
By: Communati.com
Fair Use on Quotes
2007-09-16 17:07:00 Recently, I posted a question in a number of forum groups I am a member of to find out what the guidelines (and laws) are when you want to use a quote from someone famous in a book. I have to say, ask a dozen people for an answer on something, you're likely to get a dozen answers. Some were factual answers, many were subjective. The following response came from Peter N. Jones. Peter is the director of the Bauu Institute and Press http://www.bauuinstitute.com/He-re's what he wrote:It depends on when the quote was said or "fixed in a tangible medium". If it is older than say 1922, the quote is most likely in the public domain and not subject to copyright. However, if you are quoting a translation, it is the translation date that applied, not when the quote was actually said/fixed. So, quotes from say Cesear are in the public domain, but if the translation of the quote was done after 1922, then it is NOT in the public domain (the translator holds the copyright). You can get away with ...
Copyright Alliance Says Fair Use Not a Consumer Right
2007-09-07 15:30:00 KingSkippus writes “In response to a complaint to the FCC filed by the Computer and Communications Industry Association (CCIA) to change copyright warnings before movies and sporting events, Executive Director Patrick Ross of the Copyright Alliance tells us in an editorial that “fair use is not a consumer right.” The Copyright Alliance is backed by ...
By: Technology Blog
Google, Microsoft Are Defending Fair Use
2007-08-31 02:37:00 Google and Microsoft make up part of an association called the Computer & Communications Industry Association that is tired of the NFL, MLB and others telling us that we can’t even talk about a game without their permission. The FTC needs to put the entertainment industry in their place. Earlier this month, the Computer & ...
By: Teckh.com
For a Change Microsoft, Yahoo!, Google Together for Defend Fair Use!
2007-08-30 13:56:00 Google, Microsoft-backed group ready to Defend Fair Use informs Arstechnica. (...)
New Copyright and Fair Use Project Announced!
2007-08-10 20:10:00 American University’s Center for Social Media and Program on Information Justice and Intellectual Property are undertaking a multifaceted project. “Copyright and Fair Use in Participatory Media,” to promote standards for the use of copyrighted materials in user-generated media that is broadcast over the internet. This project builds on the two organizations’ success in helping to establish “best practices” for fair use by documentary filmmakers. Nonprofessional, online video now accounts for a sizeable portion of all broadband traffic, with much of the work weaving in copyrighted material. “We’re pretty much a mixed-media generation,” one student told American University researchers. A new culture is emerging—remix culture, an unpredictable mix of the witty, the vulgar, the politically and culturally critical, and the just plain improbable. For a greatest-hits-of, watch Remix Culture. What’s fair in online-video use of copyrighted material? The healthy growth o...
By: Desi Blog
Happy Fair Use day!
2007-07-11 12:07:00 Fair use describes conditions under which copyrighted material may be used without permission. Today is the day when all of the pirates around the world grab their best eye patch and some fine rum. Today is Fair Use day, it is not exactly a formal holiday but it is still a practiced holiday by Fair Use supporters.
Fair Use Copyright.
2007-06-14 16:00:00 Whilst there is an enormous urge to offer up a dissertation on the inherently problematic nature of existing copyright laws and the extent to which some major corporations will go to protect theirs whilst exploiting others, I think I can probably let this video from Professor Eric Faden do what it does so well....
By: Blog Zone
Eyes on the Fair Use of the Prize
2007-05-23 01:53:00 Intro Media that Matters has posted a new video that brings awareness to the ever looming presence of copyright infringing on our rights as artists, commentators on culture, but also as keepers of historical facts. This video highlights the key media that influenced and informed the public of the Black Freedom movement in America as expensive copyright is putting historical films on the shelf.Main Text
Fair use fight: Challenging Universal Music Group
2007-05-10 15:10:00 More from Michelle Malkin vs AkonHot Air and the Electronic Frontier Foundation are challenging copyright law abuse by music giant Universal Music Group–the record company for R&B misogynist Akon. Last week, I noted that UMG forced YouTube to yank our video report criticizing Akon’s onstage antics and vulgar lyrics claiming copyright infringement. The non-profit EFF has ...
DRM, Fair Use, Copyright and Ethics: Part II, Podcast E4
2007-03-27 07:31:00 Another great episode by Podcasters: Joseph Pisano and Darren Morton~ Episode 4?s Show: Digital Rights Managment, DRM Copyright and Ethics, Some Ideas for better FAIR USE, Fair Use: Can you video your ensembles, extra copies?, page turns? Copyright and Church Music, Moose for mustech.net? Stay tuned! ~J. Pisano For the latest Music & Technology Information, visit http://www.mustech.net. (c) 2007 Joseph Pisano/JMP |
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