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You've Been Sued In The E.U. For Copying A "Short Extract"!
You are CEO of Google. When you wake up tomorrow morning, your general counsel calls you: "we've been sued in the E.U. for copyright infringement! The…
Fair Use Project
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Fair use in the digital house of mirrors . . .
In today's highly digitized world, copyright infringement actions, among others, are often brought against alleged infringers using information culled from…
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Dear Silicon Valley: Great satire can be fake news!
Watch out! Fake news is coming to get you! Lock your doors and iPhones, guard your dogs and children, and hold on to your comb overs! But is fake news so bad, a…
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Digital trespass -- what is it and why you should care.
"No digital trespassing! Violators will be sued. Survivors will be sued again!" Ever seen that sign? Not likely. That's because, technically, ther…
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Empirical Evidence of “Over-Removal” by Internet Companies under Intermediary Liability Laws
NOTE: I periodically update this post. Last update was May 8, 2020. The "Over-Removal" Issue Most intermediaries offer legal “Notice and Takedown”…
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The big bad wolf to the . . . rescue?
If you work in technology, the big bad wolf can be your best friend. Read below to find out why. A few days ago, the U.S. Supreme court denied Google's app…
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Is your design inspired or stolen?
"Am I a crook?" A design client recently asked me this question about one its designs, and whether is was legally inspired by or stolen from other wor…
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An Axl Rose sample used in a mash up doesn't smell as sweet.
The bright lines of the real property based view of copyright are being blurred by technology. In 1991, Mr. Biz Markee was found liable for infringing Mr. Gilbe…
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The emperor still doesn't have new clothes.
Recently, a jury found Mr. Ross Ulbricht guilty of running the black market website Silk Road. Many observers claim that the government's theory expanded li…
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Sticks and stones may break your bones, but Charlie Hebdo cartoons will never hurt you.
Don't insult the Pope's mother, or he'll punch you in the face! In response to questioning about the Charlie Hebdo killings, the Pope stated: "…
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Fair Use Project and EFF Submit Comments on the Department of Commerce’s Green Paper on Digital Copyright
Yesterday, the Fair Use Project at the Center for Internet & Society and the Electronic Frontier Foundation jointly submitted a set of comments in response…
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The Reasonable Observer on Remand: Fair Use Project Teams with the Andy Warhol Foundation and Robert Rauschenberg Foundation in Filing Amici Curiae Brief in Cariou v. Prince (S.D.N.Y.)
On Tuesday, the Fair Use Project, along with the good folks at Bingham McCutchen LLP and Virginia Rutledge, filed a brief amici curiae on behalf of the Andy War…