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Fair Use
Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test. It is based on free speech rights provided by the First Amendment to the United States Constitution. The term "fair use" is unique to the United States; a similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.
United States trademark law also incorporates a "fair use" defense, which also stems from the First Amendment of the U.S. constitution.
Fair Pay, Fair Play and Fair Limitations
Hans Bader of the Competitive Enterprise Institute takes a look at today's Washington Post editorial, "Fair Pay, Fair Play," calling for passage of the Ledbatter Fair Pay Act, and finds certain facts and legal context missing...
Speaking of fair use... did you hear about the Harry Potter fair use case?
Not too much news yet, but Stanford's Fair Use Project has signed on as co-counsel in a case that pits fan site collected information, in published form, against the copyright owners of the Harry Potter series: Fair Use Project to Represent RDR Books in Harry Potter Lexicon Dispute | Stanford Center for Internet and Society [beta site]...
3d DCA: How to value FLPs in probate litigation: "fair value" vs. "fair market vaue"
Zoldan v. Zohlman, --- So.3d ----, 2009 WL 1310995 (Fla. 3d DCA May 13, 2009)
In this case "husband" sued his second wife's estate on undue influence grounds trying to get out of a post-nuptial agreement he signed obligating him to leave a share of his $40 million estate to second wife's daughter...
Professional Reading: Fair Use v. Fair Access
I highly recommend Randal Picker's (Chicago) Fair Use v. Fair Access (SSRN). In it he makes the following four points. From the abstract: 1...
Fair Use, Fair Dealing, and Copyright Infringement
Ars Technica is reporting that during the course of the “tot dancing to a Prince song” trial, in which the Electronic Frontier Foundation and the tot’s mum are suing Universal for giving her “a bad-faith DMCA takedown,” Universal’s lawyer stated that all fair use must constitute infringement, and that fair use is an affirmative defence...
Berger v. Pubco: What does Pubco say about appraisal versus fiduciary remedies (and the difference between ?fair price? and ?fair value?)?
Despite the comments above, it's clear that Pubco is a finely calibrated decision, even a cautious one in asserting minorities' rights in the face of short form mergers...
Can a landlord break a lease to sell the property?
Your lease will contain a clause that it is "binding on all successors and ...
Can a fifty-fifty notarized doc give a father the right to claim a child on his taxes that does not live with him?
i believe you have custodial custody of you daughter (meaning she lives with you...
When selling an inherited home, how to make sure that the beneficiaries are taxed on the stepped up basis?
The cost basis at which the beneficiaries receive the property is the current fa...
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Can a landlord break a lease to sell the property?
Your lease will contain a clause that it is "binding on all successors and ...
Can a fifty-fifty notarized doc give a father the right to claim a child on his taxes that does not live with him?
i believe you have custodial custody of you daughter (meaning she lives with you...
When selling an inherited home, how to make sure that the beneficiaries are taxed on the stepped up basis?
The cost basis at which the beneficiaries receive the property is the current fa...
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