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FAIR-USE

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Dembski Stoops Even Lower: Legal Threats to Silence a Critic
Source: ScienceBlogs

For those who have slightly better memory of recent events than an average gerbil, you'll surely remember that not too long ago, the Intelligent Design folks, with the help of Ben Stein, put together a whole movie about how evilutionists are all a bunch of evil fascists, out to s …

Rupert Murdoch: for whom the net tolls
Source: Guardian Unlimited

Rupert Murdoch wants to remake the web as a toll both, with him in the collector's seat, but the net won't shift to his will.

Music publishers: iTunes not paying fair share
Source: CNET.com

Songwriters, composers, and music publishers are making preparations to one day collect performance fees from Apple and other e-tailers for not just traditional music downloads but for downloads of films and TV shows as well. Those downloads contain music after all.

Understanding the Kaleidescape, RealDVD Cases - What have the courts decided about DVD copying?
Source: electronichouse.com

What are the RealDVD and Kaleidescape lawsuits really about? Who is suing them for their DVD ripping products? And what will the cases mean once they have finally been settled? There has been much confusion about these lawsuits. Here, we try to clarify them.

The Washington Post vs Gawker Feud: Who's right, who's wrong, who cares?

It seems The Washington Post and Gawker have been "having words" -- and as of today there have been around 75 media articles appear online about it. What's it all about? PART 1.

A.P. Cracks Down on Unpaid Use of Articles on Web - NYTimes.com
Source: The New York Times

This appears to be the sequel to AP's earlier efforts to charge for clipped content on the Web.

Sculptor Sues Postal Service Over Stamp With Photo Of His Sculpture
Source: Techdirt

Welcome to the "ownership" and "entitlement" society, where people feel that you can't do anything without paying everyone. The latest such example is a lawsuit against the US Postal Service over a recent stamp that is a photo of part of the Korean War Memorial in Washington DC.

Guinness World Records attorneys win 'Quickest to Act Like Asshat Lawyers' title
Source: Popehat.com

Funny. That is to say, amusing, to normal human beings. Not, though, to lawyers. Quick, send in the lawyers. Don't worry, they're here. Dear Sir/Madam, I represent and write on behalf of GUINNESS WORLD RECORDS LIMITED . . . .

Woman illegally downloads 24 songs, fined to tune of $1.9 million
Source: CNN

A federal jury Thursday found a 32-year-old Minnesota woman guilty of illegally downloading music from the Internet and fined her $80,000 each -- a total of $1.9 million -- for 24 songs.

Lawyer: RIAA must pay back all $100M it has collected
Source: Ars Technica

Ars Technica article reports the case of a Harvard law professor who believes file sharing is fair use, and is involved in a case to force the RIAA to return the money it has received through court judgements from file sharers.

Harvard prof tells judge that P2P filesharing is "fair use"
Source: Ars Technica

Wholesale copying of music on P2P networks is fair use. Statutory damages can't be applied to P2P users. File-swapping results in no provable harm to rightsholders.

The Associated Press to Set Guidelines for Using Its Articles in Blogs
Source: The New York Times

The Associated Press, one of the nation's largest news organizations, said that it will, for the first time, attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.'s copyright.

Oh no you didn't: Warner hits Lessig vid with DMCA takedown - Ars Technica
Source: Ars Technica

Sad to see 20th century companies still grasping their 19th century business models in the 21st century. You show 'em, Lessig...

Force Behind New Copyright Law
Source: The Washington Post

Barbara A. Ringer had just graduated from Columbia University law school in 1949 when she joined the Copyright Office at the Library of Congress.

Copyright Holders Challenge Sites That Scrape Content - NYTimes.com
Source: The New York Times

GateHouse's suit against The New York Times Company contended that the company was "link scraping" by automatically aggregating articles from GateHouse newspapers, to be excerpted on local news sites operated by The Boston Globe.

Copyright Holders Challenge Sites That Scrape Content
Source: The New York Times

What constitutes "fair use" when quoting and linking to other sources on the Internet is discussed in this article. The current economic situation and increasing usage seem to be increasing controversy over how to interpret United States copyright laws.

Privately, Hollywood admits DRM isn't about piracy - Perspective: Hollywood is talking off the record about its real reason for wanting DRM?opportunities to sell you back your rights.
Source: Ars Technica

For almost ten years now I have argued that digital rights management has little to do with piracy, but that is instead a carefully plotted ruse to undercut fair use and then create new revenue streams where there were previously none.

The AP Has No Case Against Shepard Fairey
Source: The Huffington Post

A few days ago, the Associated Press announced that Obama's famous HOPE poster amounts to copyright infringement. The artist behind the poster, Shepard Fairey, has never hidden the fact that he based his iconic creation on a photograph he found through Google.

Once Again, The AP Tries To Redefine Fair Use; Goes After Shepard Fairey For Obama Poster
Source: TechCrunch

The Associated Press is on the wrong of a fair use argument again. It is actually going after artist Shepard Fairey for his iconic Obama poster, which it recently discovered was based on an AP news photograph by Mannie Garcia.

AP Accuses Obama Artist Of Copyright Infringement, Says Iconic Campaign Portrait Based on AP Photograph
Source: The Huffington Post

On buttons, posters and Web sites, the image was everywhere during last year's presidential campaign: a pensive Barack Obama looking upward, as if to the future, splashed in a Warholesque red, white and blue and underlined with the caption HOPE.

AP Accuses 'Hope' Artist of Copyright Infringement
Source: USA Today

the Hope posters that artist Shepard Fairey created during the presidential campaign use an image of Barack Obama that's based on a photograph taken for the Associated Press by then-freelancer Mannie Garcia. Now, the AP wants credit and compensation. More Articles

5 Stupid Implications of YouTube's Video Muting
Source: Mashable!

Yesterday we broke a story about YouTube muting videos that use unauthorized copyrighted music as the audio.

Prosecuting Online File Sharing Turns a Generation Criminal - US News and World Report
Source: US News & World Report

Seventy-five years ago, Prohibition ended. Just 13 years after launching an extraordinary experiment in social reform, the nation recognized that the battle against "intoxicating liquors" had failed. Organized crime had exploded. Civil rights had been weakened.

Lawrence Lessig: Copyright and Politics Don't Mix
Source: The New York Times

THROUGHOUT this election season, Americans have used the extraordinary capacity of digital technologies to capture and respond to arguments with which they disagree.

Stifled by Copyright, McCain Asks YouTube to Consider Fair Use
Source: Wired News

After seeings its videos repeatedly removed from YouTube, John McCain's campaign on Monday told the Google-owned video site that its copyright infringement policies are stringent to the point of stifling free speech, and that its lawyers need to revamp the way they evaluate copyr …

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