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Danny Thorne

educationalfairusetoday.pdf (application/pdf Object) - 0 views

www.arl.org/...educationalfairusetoday.pdf

copyright fairuse intellectualproperty

shared by Danny Thorne on 29 Feb 08 - No Cached
  • Danny Thorne on 29 Feb 08
     

Danny Thorne

AMERICAN GEOPHYSICAL UNION v. TEXACO INC., 60 F.3d 913 (2nd Cir. 1994) (LOISLAW) - 0 views

www.law.cornell.edu/...60_F3d_913.htm

copyright fairuse intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • We do not deal with the question of copying by an individual, for personal use in research or otherwise (not for resale), recognizing that under the fair use doctrine or the de minimis doctrine, such a practice by an individual might well not constitute an infringement. In other words, our opinion does not decide the case that would arise if Chickering were a professor or an independent scientist engaged in copying and creating files for independent research, as opposed to being employed by an institution in the pursuit of his research on the institution's behalf.
  • Danny Thorne on 01 Mar 08
     
    systematic institution-support copying of journal articles by/for researchers at an oil company
Danny Thorne

US CODE: Title 17,107. Limitations on exclusive rights: Fair use - 0 views

www4.law.cornell.edu/...107.html

copyright fairuse intellectualproperty law

shared by Danny Thorne on 01 Mar 08 - Cached
  • the factors to be considered shall include— (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
Danny Thorne

Perfect 10, Inc. v. Amazon.com, Inc., et al. - Internet Library of Law and Court Decisions - 0 views

www.internetlibrary.com/...lib_case476.cfm

copyright fairuse intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • transformative nature of the thumbnails Google created, which, by facilitating the public’s ability to search the web for images, serve a different purpose than the original images, which are designed to entertain.
  • Google does not store the images contained on such third party web pages in its cache.  Rather, all that these cached copies contain are html instructions setting forth the location on the internet where the image can be found
  • the Copyright Act, unlike the Trademark Act, does not protect a copyright holder against acts that cause consumer confusion.
  • ...6 more annotations...
  • Perfect 10 claimed that by assisting users in locating and obtaining access to third party sites that themselves contained infringing images, Google was guilty of contributory infringement.
  • Said the Ninth Circuit:  “Google’s failure to change it operations to avoid assisting websites to distribute their infringing content may constitute contributory liability …”.
  • The District Court was also directed to determine whether Google was immunized from liability for such contributory infringement claims by operation of the Digital Millennium Copyright Act (“DMCA”).  The DMCA immunizes Service Providers such as Google from liability “for infringement [including contributory infringement] of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer or hypertext link,” if the service provider meets certain specified criteria.  The parties disputed whether Google in fact met such criteria, and qualified for the protections of the DMCA.  This issue was left to the District Court on remand.
  • Google had no contractual or other right to cause such third party websites to stop displaying infringing content.  As such, the Ninth Circuit held, Perfect 10’s vicarious copyright infringement claims were likely to fail.
  • only delivered html instructions – to wit in-line links – to its users, and not the actual images themselves
  • a user’s act of “caching” copies of infringing images in his computer as part of his review of such infringing materials was a fair use protected from claims of copyright infringement.
Danny Thorne

Intellectual Property Professional Information Center: PLI Panelists Critical of Trends... - 0 views

ipcenter.bna.com/...BNAP-79FK2H

copyright fairuse informationtechnology intellectualproperty

shared by Danny Thorne on 01 Mar 08 - Cached
  • In May, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction barring Google Inc. from displaying thumbnail versions of photographs found on an adult-oriented Web site, reasoning that the Web site owner was unlikely to overcome Google's fair use defense. Perfect 10 Inc. v. Amazon.com Inc., 487 F.3d 701 (9th Cir. 2007).
  • Jeffrey P. Cunard, of Debevoise & Plimpton, Washington, D.C., > termed secondary liability a “leaping mess,” which he > attributed to an effort on the part of the courts to erode the > Sony-Betamax > prescription for secondary liability, and not have > it apply in a digital era. > In Sony Corp. v. Universal Studios Inc., 464 U.S. 417 (1984), the U.S. Supreme Court held that if a technology is “capable of substantial noninfringing uses,” the manufacturer of that technology cannot be liable for the infringing acts of users.
  • Metro-Goldwyn-Mayer Studios > Inc. v. Grokster Ltd. > , 125 S.Ct. 2764, 33 Med.L.Rptr. 1865 (2005) >
  • ...7 more annotations...
  • Grokster > defendants had taken affirmative steps to foster > infringement. >
  • the court emphasized that facilitating a payment is peripheral to the > actual infringement, which is the unauthorized distribution of a > copyrighted work. >
  • Perfect 10 Inc. v. Visa International Service > Association, > 494 F.3d 788 (9th Cir. 2007) >
  • the key issue in secondary liability is the business model.
  • copyright law is out of sync with developments in technology.
  • statutory damages for secondary liability should be written out of the Copyright Act.
  • dramatic growth in online advertising and new business models will continue to shape the legal landscape, and predicted, in particular, an explosion in legal issues related to social networking.
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