Category Archives: copying

Fair use decisionmaking

Posted on June 18, 2014 by rtushnet

Deconstructing arguments that treat fair use as a mysterious and dangerous concept: This detailed analysis of a flowchart is quite useful. And it cites the OTW’s Fair Use Test Suite! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Success has many copies: HathiTrust

Posted on June 11, 2014 by rtushnet

Authors Guild, Inc. v. HathiTrust, No. 12‐4547 (2d Cir. June 10, 2014) Several research universities allowed Google to scan their collections; then they created a repository for the digital copies, the HathiTrust Digital Library (HDL), which currently has 80 member … Continue reading →

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Lay mis/understandings of copyright

Posted on February 24, 2014 by rtushnet

What do people think about copyright? Over at Jotwell, Andres Guadamuz reviews Lee Edwards et al, Isn’t it just a way to protect Walt Disney’s rights?: Media user perspectives on copyright, 16 New Media & Soc’y (2013) (paywall). The article … Continue reading →

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The ecstasy of influence

Posted on February 8, 2014 by rtushnet

The Way We Live Now by David Brooks, by Jody Rosen.  Violation of the moral right of attribution?  Does this flunk Rogers v. Grimaldi?  Is it protected against trademark claims anyway?  Transformative work of the day? (Maybe not. I’ve got another … Continue reading →

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Nontransformative, commercial use of earnings call was fair

Posted on January 29, 2014 by rtushnet

Swatch Group Management Services Ltd. v. Bloomberg L.P., No. 12-2412 (2d Cir. Jan. 27, 2014) Swatch sued over Bloomberg’s 2011 posting of the recording of a conference call at which Swatch executives discussed the company’s recently released earnings report with … Continue reading →

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A story about creativity and standing on the shoulders of midgets

Posted on December 11, 2013 by rtushnet

From Dave Freeman, via Simon de la Rouviere: Let me tell you a little story about innovation and creativity. Years ago, I worked on a wiki-based project to find the first instance of ideas/techniques in video games (like the first … Continue reading →

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Copyright talking points and the TPP

Posted on November 20, 2013 by rtushnet

Mike Masnick has the story–which also qualifies for “transformative use of the day,” since it involves reproducing the talking points (likely an unpublished work no less!) in full in order to rebut them.  I particularly like his deconstruction of “nothing … Continue reading →

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Transformative work of the day

Posted on October 17, 2013 by rtushnet

Ann Friedman’s response to Emily Yoffe. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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