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Donald C. Brace Memorial Lecture by Professor David Vaver – “User Rights: Fair Use and Beyond”

IPilogue

This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States. The Court of Appeal unanimously held that the scope and content of the fair dealing defence should include works of criticism.

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5th Cir affirms fair use on a motion to dismiss, fee award to D

43(B)log

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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Revisiting Alberta v Access Copyright: Resources for K-12 Educators in Canada

IPilogue

Despite its benefits, copying materials can present consequences for the content’s owners, artists, and publishers. These agreements were slated for renewal in 2004, during which Access Copyright sought to restructure the royalty system to reflect the quantity and extent of photocopies made in schools. As Abella J.

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Copyright Licensing in Podcasting: A Legal Guide for Creators

Intepat

This principle is key for podcasters, as it means that if Podcaster A accuses Podcaster B of copying their interview format, the claim would likely fail because formats and factual content are not copyrightable. Additionally, if the use does not harm the market value of the original work, it is more likely to be considered fair use.

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[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

The IPKat

The Act introduces a new vista in Nigerian copyright law as it repeals the Copyright Act 2004. Selected key innovations of the Copyright Act 2022 The official copy of the Copyright Act 2022 will be published in due course in the Official Gazette. Pending publication, the pre-assent copy of the Act can be accessed here.

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Why SNL’s “Muppets” Parody Had Even the Media Fooled

Copyright Lately

And putting aside its pure entertainment value, the sketch also raises some interesting questions about just how much of an original work may be taken before parodic fair use crosses the line into copyright infringement. Kermit the Frog and Robert De Niro on SNL (2004). Jason Segel and the Muppets on SNL (2011).

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A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.