Definition Fair Use Moral Rights Social Media 
JIPL Online
APRIL 9, 2021
On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W.
SpicyIP
DECEMBER 30, 2023
The Court held that “diagnostic” under Section 3(i) should neither be construed narrowly, limited to only in-vivo or definitive diagnosis, nor broadly to include any process “relating to” diagnosis. The central issue here was whether Section 3(i) is restricted to only in vivo tests practices on the human body. Acko General Insurance.
43(B)log
APRIL 7, 2023
This is a form of stringency and affects incentives for non-divisibility, especially given US statutory damages and injunctions. No balancing required—recognizing fair use is not required for platforms, nor is giving users much procedure. Stringency can thus be non obvious, contested/contestable, and downside risk matters.
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