Baby I'm a star Sep 9, 2008
But Ms Lenz, backed by digital rights lobby group the Electronic Frontier Foundation, is seeking a judgement that the video is covered by "fair use" provisions in copyright law, as well as unspecified damages. "Because Universal's notice was intimidating, Ms Lenz is now fearful that someone might construe some portion of a new home video to infringe a copyright," her complaint states. (BBC News -- Business)
Spies get social network as CIA, FBI promote their version of Facebook Sep 8, 2008
We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues ... If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner. (Center for Research on Globalization)
When free music is legal, and not Sep 8, 2008
The concept that provides the basis for laws regarding the copying of music and other artistic productions is called fair use: What can a person do without the permission of the copyright holder ... "There has never been a court case covering it. I would argue it's fair use." But he also said, "I am willing to admit a court might see it differently.". (International Herald Tribune -- Technology)
Video: Fixing Pre-Roll Ads Sep 3, 2008
This episode also includes a tutorial on the evolving issue of fair use when it comes to copyright. A federal judge recently ruled on this issue and Daisy demonstrates in her report how fair use actually works when it comes to Patrick Dempsey. (TVweek.com)
The YouTube Solution Sep 3, 2008
Cyberlibertarians would do the opposite and infinitely expand the concept of fair use, or limited exemption to copyright protection. "My personal view is it should be somewhere in between," said Smith. (Forbes -- Business)
PsyStar Strikes Back at ... Aug 31, 2008
"Issues related to fair use of various intellectual properties by PsyStar also come into play," PsyStar attorney Colby Springer said in a statement. LATEST NEWS. (InternetNews.com)
Psystar: Apple Is a Monopoly Aug 30, 2008
"The litigation involves the anti-competitive nature of the Apple EULA and similar anti-competitive tactics related to the misuse of Apple's copyrights. Issues related to the fair use of various intellectual properties by Psystar also come into play.". As of press time, the complaint was not available on PACER, the database used by the U.S. court system, although a Carr ll representative said it had been filed. (PC Magazine)
So what's in the new copyright bill? Aug 28, 2008
Among other things, the DMCA is unclear about the concept of "fair use," which Canada calls "fair dealing," which allows use of content for purposes such as satire. To figure out what's in the bill the good as well as the bad we've asked University of Ottawa law professor Jeremy deBeer to discuss it with our readers on Wednesday, June 18, from 12 p.m. to 1 p.m. Join us then or. (Globe and Mail)
Time Warner sues the makers of Hari Puttar Aug 27, 2008
At the end of this film, producers posted the notice that this is parody and protected under fair use. Warners sixth Harry Potter film Harry Potter and the Half Blood Prince wont be released until July 2009. (Livemint)
Mexican Drug Cartel Terror Reaches Alabama Aug 25, 2008
If you wish to use copyrighted material from this site for your own purposes beyond the 'fair use' exception, you must obtain permission from the copyright owner. (Right Side News)
Week in review: Apple's mea culpa? Aug 23, 2008
In the first ruling of its kind, Judge Jeremy Fogel held that copyright owners must consider fair use before sending DMCA takedown notices ... Lenz argues that the Prince song is barely audible in the short clip and clearly represents fair use, which allows for limited use of copyrighted materials without permission. (CNET News)
Suit over baby vid with Prince song goes forward Aug 22, 2008
playing in the background was a fair use of a copyrighted work ... Universal moved (in a 12(b)(6) motion) to dismiss the claim on the theory that fair use is only a defense to a claim of copyright infringement and thus Lenz should not be able to use it offensively ... Lenz and her Electronic Frontier Foundation lawyers argued that a fair use is a legitimate use of the work and that copyright holders should have to proactively exclude fair uses from their takedown demands. (ZDNet)
Brad Paisley Sells 500,000th Ticket Aug 22, 2008
"The fact that fans are willing to both buy tickets and the gasoline necessary to come to a show is the ultimate compliment, he said. Meanwhile, "The Paisley Party" tour has added a second leg for January through March. [] [] [] [] [] [] [] [] [] [] [] [] [] More Stories Post Your Comments First Name: Location: Enter Comments: characters left Email (optional): Email will not be displayed on site. For station contact purpose only. CBSNews.com Entertainment News Sheryl Crow is giving away free... (KWTX.com, TX)
Pat Green Wasnt Knocked Cold After All Aug 22, 2008
In the first ruling of its kind, Judge Jeremy Fogel held that copyright owners must consider fair use before sending takedown notices. Job of the Week. (KWTX.com, TX)
Woman can sue over YouTube clip de-posting Aug 22, 2008
The ruling by U.S. District Judge Jeremy Fogel of San Jose was the first in the nation to require the owner of the rights to a creative work to consider whether an online copy was a "fair use" - a small or insignificant replication that couldn't have affected the market for the original - before ordering the Web host to take it down ... Lenz then sued Universal in Northern California, YouTube's home district, for her costs, claiming the music company had acted in bad faith by ordering removal of... (San Francisco Chronicle)
Judge Rules On YouTube 'Dancing Baby' Controversy Aug 21, 2008
SAN FRANCISCO -- A federal judge ruled Wednesday that music companies and other copyright holders must consider "fair use" of their materials before demanding and other video-sharing Web sites remove content ... Judge refused to dismiss the lawsuit Wednesday, saying Universal needed to first consider whether the clip was "fair use" before demanding its removal ... It's the first such legal ruling requiring copyright owners to consider fair use of their material before demanding that Internet... (NBC 11, CA)
Judge: 'Dancing baby' lawsuit can proceed Aug 21, 2008
But a San Jose-based judge says Universal needed to first consider whether the clip was "fair use" of the material ... Fair use provisions of the U.S. copyright act allow segments of copyrighted works to be used for purposes of parody or satire or in reviews and other limited circumstances ... It's the first such legal ruling requiring copyright owners to consider fair use of their material before demanding that Internet sites such as YouTube remove material. (MSNBC -- Technology)
AP settles online copyright lawsuit with VeriSign Aug 20, 2008
The dispute centered on the fair use provision of copyright law, which allows quotation of copyrighted material for commentary and certain other purposes without asking permission but prohibits direct reproduction of those works. The AP, a not-for-profit news cooperative, has vigorously pursued similar cases. (San Diego Union-Tribune -- Business)
Magazine-sharing site running afoul of US copyright law Aug 19, 2008
"There are entire magazines with no commentary, no criticism clearly not a case of classic fair use.". Magazines routinely make some or all of their articles available online for free, but they are in control of how much they release, as well as any advertising they sell. (CBC.ca)
It's the End of Publishing as We Know It Aug 19, 2008
Now, I think that our current copyright laws and their application tend to be a bit heavy-handed, but even so I can't justify this project under "fair use." My crystal ball foreshadows massive legal actions from the likes of Mr. Hefner, Time Warner (NYSE: TWX), and Washington Post (NYSE: WPO), all of whom have unauthorized magazine issues on Mygazines. In fact, Time Warner is already thinking about taking action. (MSNBC -- Business)
Internet Radio's "Last Stand" Aug 17, 2008
Does this fall under fair use. Or am I wrong in thinking they don't pay royalties for what they play. (Slashdot)
Appeals Court Reverses Cablevision DVR Decision Aug 15, 2008
From the content standpoint, then, someone is making unlicensed copies (setting aside arguments about fair use) but who. Cablevision, or the consumer. (eSecurityPlanet)
Steal this hook? DJ skirts copyright law Aug 8, 2008
He doesn't get the permission of the composers to use these samples, as United States copyright law mostly requires, because he maintains that the brief snippets he works with are covered by copyright law's "fair use" principle (and perhaps because doing so would be prohibitively expensive) ... Gillis says his samples fall under fair use, which provides an exemption to copyright law under certain circumstances ... Fair use allows book reviewers to quote from novels or online music reviewers to... (International Herald Tribune -- Arts)
The New Yorker: The permission problem Aug 5, 2008
In the cultural sphere, ever tighter restrictions on copyright and fair use limit artists abilities to sample and build on older works of art. In biotechnology, the explosion of patenting over the past twenty-five years particularly efforts to patent things like gene fragments may be retarding drug development, by making it hard to create a new drug without licensing myriad previous patents. (MSNBC -- Politics)
LG Offers Blu-Ray Player That Also Streams Netflix Movies to TV Aug 3, 2008
0 standard which removes all content (and thus all rights regarding fair use and backup) from discs and makes DVDs nothing more than access codes to access online media. Posted by Annon. (New York Times)
Virgin pops iPhone cherry with massive 5GB bang! Aug 1, 2008
iTWire - Virgin pops iPhone cherry with massive 5GB bang. Virgin pops iPhone cherry with massive 5GB bang. (iTWire)
Tom Cruise Named in Scientology Lawsuit Aug 1, 2008
Pouw also addressed Letterese's concerns over his book rights: "Earlier this month, the federal Court of Appeals for the 11th Circuit already rejected similar claims and affirmed that the church's use of the book in question was fair use. Mr. Letterese was penalised $266,000 by a California court for refusing to provide evidence to support many of the same allegations.". Cruise's lawyer Bert Fields has yet to respond to the lawsuit. (Hanford Sentinal, CA)
Does DRM and anti-circumvention legislation increase unauthorized P2P? Jul 30, 2008
This would be done in part by Canada adopting a US-style living Fair Use regime to allow what is considered legitimate private activities to more dynamically change to match the times ... In the United States, time and device shifting was considered perfectly legal under their living Fair Use regime. (IT World Canada Blogs)
OTHER VIEWS: Editorial excerpts from other newspapers Jul 30, 2008
the fuzzy mini-movie was a clear example of "fair use" -- a limitation in federal copyright law that allows copyrighted material to be used in news reports, commentaries, educational materials, parodies and some noncommercial contexts. -- Los Angeles Times, Friday, July 25. (Fresno Bee -- Opinion)
Dead author's estate snatches child's domain Jul 26, 2008
The WIPO rules state that someone can have rights in a term if it is making "a legitimate non-commercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue". Saville-Smith argued that the planned use of the domain name as the basis for an email address for her son was a legitimate non-commercial use, but the WIPO ruling said that the only precedent for an email address counting as fair use was... (Register)
SF Radio Host Draws Ire Of Autism, Muslim Communities Jul 26, 2008
U.S. District Judge Susan Illston said the posting of the audio clip was protected by the First Amendment free-speech doctrine of fair use because it was used for purposes of criticism and commentary. Illston wrote that the group, known as CAIR, "used the audio excerpts to comment on and rebut derogatory statements regarding their organization and their religious affiliations.". (NBC 11, CA)
The Fair Use Doctrine Jul 23, 2008
Fair use principles dictate when it's legal. Though copyright laws are generally strict in the U.S., Europe and Canada, the U.S. does have a loophole called fair use ... In at least one case, the U.S. Supreme Court had to sort out whether fair use or copyright infringement had occurred. (Suite101.com)
Universal: "Fair use" is still infringing Jul 22, 2008
Universal: "Fair use" is still infringing ... But Universal told a judge this week that, even though the clip may in fact be "fair use," it was still "infringement" and therefore the initial takedown notice was made in good faith ... "I don't think 'fair use' qualifies," Universal's lawyer responded. (Ars Technica)
The ethics of stealing Jul 22, 2008
I will also admit that, as a former employee of the Temple University English Department, I looked the other way a few times while staff and students pushed the limits of the Fair Use Doctrine. I'm interested in what readers feel about copyright infringement when it comes to textbooks. (Winona Daily News, MN)
"Tabletop" Fusion Researcher Committed Scientific Misconduct Jul 21, 2008
In fact, even if he used the author's actual graphs and tables (which may be copyrighted), it is not so obvious that he actually broke copyright laws -- scientific use (with attribution) may very well come under the defense of fair use. We are seeing here the results of the propaganda campaign to extend copyright beyond all bounds. (Slashdot)
Mother Stands Up To The Big Bad Music Industry, Prince Jul 21, 2008
She fought back and won, arguing that the video was protected under the Digital Millenium Copyright Act, and the Fair Use provision in copyright law. She filed a lawsuit against Universal Music Group, who has since droppec the claim against the video. (ChattahBox)
Mom fights music giant over DMCA takedown notice Jul 20, 2008
The EFF says "that companies such as Universal have an obligation to investigate and evaluate a video such as Lenz's before firing off the threatening letters." Lenz and the EFF believe the video is in "fair use" of the song but Universal believes the opposite and also feels it would "be unfair to artists and media companies to them to undertake lengthy inquiries before asserting copyright violations." "The copyright owner is arguing that this is infringing; Lenz says it is fair use," Mark... (Afterdawn.com)
Schwab returns to 'familiar territory' Jul 20, 2008
Sunday July 20, 2008. Web Search powered by YAHOO. (Mason City Globe-Gazette, IO)
Serious YouTube test of copyright law Jul 19, 2008
The issue in Stephanie Lenz's lawsuit against Universal is whether the owner of the rights to a creative work that's being used without permission can order the Web host to remove it without first considering whether the infringement was actually a legal fair use - a small or innocuous replication that couldn't affect the market for the original work. Lenz's lawyers, from the Electronic Frontier Foundation, say her 29-second video, with fuzzy camerawork and unclear sound, was such an obvious... (San Francisco Chronicle)
MTV isn't being evil.... Google, on the other hand. Jul 18, 2008
They are trying to claim, however, that everyone who watched the Daily Show on youtube, had they not had access to a free version, would have paid to watch it, either through advertising-sponsored clips online, or the purchase of a DVD. The reality is that the vast majority of viewers of Viacom's content would not have otherwise seen it at all (not to mention the majority are 5-second snippets that can be considered fair use depending on where they are embedded in a website). In fact, many of my... (BusinessWeek)
eBay's Online Trademark Victory over Tiffany Jul 17, 2008
The law allowed eBay s fair use of the Tiffany name to describe goods generally available on the site in ads, keywords, and metatags. The judge emphasized that alternatives to the use of the mark would not work well: describing it as silver jewelry from a prestigious New York company where Audrey Hepburn once liked to breakfast. (eSecurityPlanet)
Tiffany Fails to Prove eBay Contributed to Mark Violation Jul 15, 2008
and Google is a "protected, nominative fair use of the marks.". On the more difficult question of contributory trademark infringement, the judge said the standard was not whether eBay could reasonably anticipate infringement by people selling Tiffany knock-offs on its site. (Law.com)
Mexican President attends Group of Five Meeting in Japan Jul 14, 2008
FAIR USE NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving such material(s) for informational, research and educational purposes. As such, we believe that this constitutes a "fair use" of any such copyrighted material as provided for in Section 107 of the U.S. Copyright Law. (Mexidata.info)
Getty Images to Select Flickr Photos for Licensing Jul 13, 2008
The bad news is that they do anyway; that consumer-oriented concepts like Fair Use hardly apply; and that the impact of using an image from Flickr in a magazine ad or on a roadside billboard without authorization is far greater than that of personal use. Oh, and photographers can't make a living from touring or selling "merch.". (eSecurityPlanet)
Environmentalists are turning into religious zealots Jul 13, 2008
"And, he accusing me of being "smarter than all the rest of us" because I said that people against the reality of global warming are frauds.To the contrary, I think I said that the sites he's bringing up are frauds. In particular, "Global Warming Hoax" is a fraud. I think I'm entitled to say that because that site takes maps from the "National Snow and Ice Data Center, University of Colorado" and perverts them to say what they don't say. The NSIDC clearly says that global warming is really... (Waterloo-Cedar Falls Courier)
Of Course the Government Cares About Your Privacy Jul 13, 2008
Disclosure, access, fair use and transparency should be at the basis for privacy (it should be similar to FCRA- Fair Credit Reporting Act). Or just a simple privacy disclosure box vs a 30+ page T.O.S. My ideas before the 102nd Congress (). (GigaOm)
The lives of others Jul 7, 2008
He can explicate a thorny issue like fair use, examining the parameters of the issue with reference to multiple contemporary instances of violation and exoneration. Like Hamilton, Rollyson will use his own experience as illustration, but less to illuminate and more with a sub-agenda of setting the record straight and doing some self-congratulation along the way. (Boston Globe)
ACAP and PLUS Join Forces Jul 4, 2008
With ACAP, publishers are attempting to replace the processes of negotiating ad-hoc licensing deals with search engines and litigation over ambiguous legal concepts like Fair Use and Fair Dealing with a scalable, automatable, and predictable means of licensing rights to their content. ACAP is designed as a superset of the existing REP (Robots Exclusion Protocol) for indicating to search engines when a web page owner does not want the page indexed. (eSecurityPlanet)
Viacom vs. YouTube: Beyond Privacy Jul 4, 2008
In the past, YouTube and Google could make a "fair use" legal argument because YouTube typically shows clips not whole episodes. But now, content creators are trying to make money from appending ads to roughly the same clips and distributing them on their own online networks. (BusinessWeek)
More Firms Pull Asian IPOs As Market Slides Jul 3, 2008
Such works are used under the fair use doctrine of United States copyright law. Should any materials be found overused or objectionable to the copyright holder, notification should be sent to editor@freeinternetpress. (Free Internet Press, NY)
"La Dolce Vita" in old age Jun 28, 2008
Beyond the Multiplex - Salon. Saturday, Jun 28, 2008. (Salon)
Clinic is quite a rush Jun 27, 2008
"I told Garry that Hunter would sometimes flair up over 'Doonesbury,' and I'd have to explain to him about fair use and parody," said Tobia. "It was interesting to be at the movie with [Trudeau] because he and Hunter are inextricably linked." In addition to Tobia, who's thanked in the film, VIPs at the premiere included Meg Ryan, Tom Wolfe, Vanity Fair's Graydon Carter, who produced the film, Rolling Stone founder Jann Wenner, Candice Bergen, and NBC's Brian Williams. (Boston Globe)
Lil Wayne, Kanye West And LL Cool J Fly Girl Talk's Friendly Skies, Unknowingly, In Bigger Than The Sound Jun 26, 2008
Because while other so-called mash-up artists have either left the genre behind them (Danger Mouse) or all but disappeared from the face of the earth (the Freelance Hellraiser), Gillis who, it should be noted, does not consider himself a mash-up artist, despite evidence to the contrary is still at it, sampling with reckless abandon, releasing albums with "pay what you feel" pricing schemes (as Animals was last week) and using the concept of "fair use" to shield himself from any pesky copyright... (VHI.com -- Music News)
In new album's wake, is Girl Talk a musician? Jun 25, 2008
My favorite review of Night Ripper said that it was the illegal equivalent of standing on a street corner smoking crack and wearing a signboard that says, "Hey, I'm smoking crack." However, Fair Use law - which allows the use of other people's material under certain conditions - allows Gillis to continue his art. He may not be a criminal, but is he a musician. (Daily Iowan, IA)
Let them eat cake Jun 24, 2008
ISPs are trying to deal with the problem by selling "capped" internet connections with extra charges, by throttling bandwidth, by blocking file download sites, and by trying to enforce "fair use" policies. Consumers may end up paying by the megabyte. (Sydney Morning Herald -- Technology)
AP, blogger resolve dispute over copyright Jun 24, 2008
Cadenhead highlighted the disagreement in his personal blog, , and prominent bloggers rallied behind him, saying the posts in question were protected under the "fair use" provision of copyright law ... The AP's plan for such guidelines was met with new criticism from some bloggers, who said it was an attempt by the AP to create its own legal definition of what constitutes "fair use" of copyright material ... "I think it would be helpful for bloggers and users of social news sites to know what... (MSNBC -- Technology)
A story of the AP, bloggers, journalists, and insurance Jun 23, 2008
Cox was explicit in his blog, saying the only purpose of his meeting with Kennedy was "to sort out what to do about the outstanding DMCA Take Down Notices" -- not to devise some scheme for charging bloggers per word, not to assist the AP in coming up with any sort of guidelines for fair use in blogs. The MBA did offer to help by assisting the AP in the promotion of any blogger guidelines the media group would eventually create. (BetaNews)
Harvest of Injustice: The Oppression of Migrant Workers on ... Jun 23, 2008
We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues ... If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner. (Center for Research on Globalization)
Drudge Retort's Retort To AP: Personal Issue Resolved But 'Larger ... Jun 21, 2008
-- "I'm glad that my personal legal dispute with the AP is resolved, thanks to the help of the Media Bloggers Association, but it does nothing to resolve the larger conflict between how AP interprets fair use and how thousands of people are sharing news on the web. You could probably guess that by the lack of detail in AP's statement.". -- "On a social news site that's still manageable in size, like the 8,500-member Drudge Retort, it's possible to steer bloggers away from potential conflicts... (Washington Post)
AP's Use of Text Fingerprinting Stirs Blogosphere Controversy Jun 20, 2008
The ensuing fallout was drearily predictable: an outcry in the blogosphere; statements from the AP's head of strategy about the AP's desire to make peace with bloggers and the importance of blogs; responses to those statements accusing the AP of being patronizing and hypocritical; pontifications from copyleft legal scholars about Fair Use ... Regarding the UGC Principles, copyleft legal experts actually acknowledged the need for an for fair use when evaluating content filtering and takedown... (eSecurityPlanet)
China Trains Antitrust Crosshairs On Microsoft Jun 19, 2008
The Associated Press wants to charge bloggers and others for excerpting its content, and the battle over what constitutes fair use online is only just beginning to heat up. International Partners: | | | | | ADVERTISEMENT. (CRN)
AP vs. The Bloggers: A Portentious Sideshow Jun 19, 2008
The AP can decide that its interpretation of fair use is too restrictive and find an accommodation that lets bloggers do what they do, which includes driving a lot of traffic to the source ... Bloggers can abide by a conservative interpretation of fair use by re-writing headlines and news blurbs because the news itself cannot be copyrighted. (Wired News)
AP takes on blogosphere sort of Jun 19, 2008
rang like a shot across the bow of fair use, especially after an AP spokesperson announced that, from here on out, the news agency would take action against blogs, when we feel the use is more reproduction than reference, or when others are encouraged to cut and paste ... On the one hand, theres the sensible legal condition summed up by Hansell in the Times article: "One important legal test of whether an excerpt exceeds fair use is if it causes financial harm to the copyright owner.". (MSNBC -- Technology)
So what's in thenew copyright bill? Jun 18, 2008
Among other things, the DMCA is unclear about the concept of "fair use," which Canada calls "fair dealing," which allows use of content for purposes such as satire. To figure out what's in the bill the good as well as the bad we've asked University of Ottawa law professor Jeremy deBeer to discuss it with our readers on Wednesday, June 18, from 12 p.m. to 1 p.m. Join us then or. (Globe and Mail)
The AP, Hot News and Hotheaded Blogs Jun 17, 2008
When I spoke to Mr. Cadenhead on Friday, he complained that the Associated Press wasn t even offering its own definition for what would be fair use of its articles ... Some bloggers have complained that the A.P. is not in a position to dictate what the rules of fair use should be ... A lot of bloggers ARE careful about fair use. (New York Times)
