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DMCA Subpoena to Unmask Twitter User Hits Fair Use & Constitutional Roadblock

TorrentFreak

Soon after and in mysterious circumstances, copyright law entered the equation. On October 29, 2020, a business entity called Bayside Advisory LLC contacted Twitter stating that since it owns the copyrights in the six photos, they should be taken down under the DMCA. DMCA Takedowns Followed by DMCA Subpoena.

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The Doctrine of Fair Use in Copyright Law

Biswajit Sarkar Copyright Blog

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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The Art Critic’s Role in Fair Use

Patently-O

Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. Here, in particular, Warhol argues that his use is so “transformative” of the original photographs that no license is needed.

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Watch Tower vs. McFree: Nonprofit Defends Critic’s Fair Use & Anonymity Rights

TorrentFreak

After reviewing McFree’s videos, last month a New York judge denied the Watch Tower application declaring that McFree’s use of Watch Tower clips was permitted under fair use. However, Watch Tower is still pursuing a parallel copyright infringement lawsuit against McFree in another court. Until now, that is.

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GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy

TorrentFreak

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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

IPilogue

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. 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.

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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.