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Published by Martin Schwimmer

Copyright Fair Use

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Defendant ‘Borrows’ Customer’s Copy To Compete With Plaintiff

By Marty Schwimmer on June 5, 2006
Posted in Copyright Fair Use

Southern District of Georgia: Plaintiff, Gulfstream, leases its copyrighted manual to its customers. Defendant borrows customer’s copy to provide maintenance service, and in so doing copies portions of plaintiff’s manual. Fair use.
Prof Patry discussion here.

Google’s Commemorative Logos

By Marty Schwimmer on April 24, 2006
Posted in Copyright Fair Use

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Google modifies its logos to honor holidays or famous individuals. Last week it created a logo that alludes to (but, Google alleges, did not copy), Joan Miro’s work, in honor of Miro’s brithday. The Miro estate complained, and Google, without admitting wrong-doing, pulled the logo by noon.
Some reaction was, in effect, gimme…

Shameless Self-Promotion

By Marty Schwimmer on March 1, 2006
Posted in Copyright Fair Use

I’m quoted in this CNNMoney.COM article on the Google / Perfect 10 case.

More On Perfect 10 v. Google

By Marty Schwimmer on February 23, 2006
Posted in Copyright Fair Use

Prof Patry I
Prof Patry II
EFF Deep Links
Technology & Marketing Law Blog

Perfect 10 Obtains Injunction Against Google’s Use of Thumbnail Images

By Marty Schwimmer on February 21, 2006
Posted in Copyright Fair Use

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Perfect 10 v. Google, 04-9484 (C.D. Cal Feb 17, 2006). via News.com.
Initial reaction from two different leading Internet figures: wow.
The holding turns on the fair use analysis of Google’s display of thumbnail images (the Court held that Google neither displayed nor distributed full size images, as it utilizes inline linking to, and…

Can I Copy My CD To My IPod?

By Marty Schwimmer on February 20, 2006
Posted in Copyright Fair Use

Silicon Valley Media Law summarizes the answers.

Patry on AFP v. Google Fair Use Case

By Marty Schwimmer on February 14, 2006
Posted in Copyright Fair Use

Prof Patry on AFP v. Google (fair use of headlines).

World Newspaper Org Wants Cut

By Marty Schwimmer on February 2, 2006
Posted in Copyright, Copyright Fair Use, RSS and Data Aggregation, Search Engines

The World Association of Newspapers has announced that it is leading a task force of newspapers, book publishers and magazines in order to explore methods of challenging the exploitation of content by search engines without fair compensation to copyright owners.

Marantz Turntable

By Marty Schwimmer on January 28, 2006
Posted in Copyright Fair Use, Trademark Fair Use

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Discussion by Saatchi Gallery here.

‘Free Expression In The Age Of Copyright Control’

By Marty Schwimmer on November 7, 2005
Posted in Copyright Fair Use

The Free Expression Policy Project of the Brennan Center for Justice at NYU School Of Law has released a report ‘Will Fair Use Survive? Free Expression in the Age of Copyright Control.‘

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