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The plaintiffs moved for partial summary adjudication on defendants' fair use defense on October 4, 1999, and cross-filed for summary judgment citing a First Amendment defense on October 19 under seal. Judge Margaret M. Morrow issued a preliminary ruling on November 8, 1999, rejecting the "fair use" argument. [6]
Napster's ease of use compared to other peer-to-peer services quickly made it a popular service for music enthusiasts to find and download digital song files for free. [ 1 ] The legacy record industry immediately took action against what it believed to be unauthorized copying of its copyrighted musical works within the Napster service.
Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992), [1] is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
Unfortunately, the law is being grossly manipulated, with attorneys filing shakedown-style lawsuits to benefit themselves at the expense of workers, non-profits and small businesses.
The Contractors State License Board (CSLB) follows a long history of consumer protection and licensing in California. Consumer protection began in 1876 when California passed the Medical Practice Act which would use licensing to combat completely unregulated medical practice.
If the work was not copyrightable, the term had expired, or the defendant's work borrowed only a small amount, for instance, then the plaintiff cannot make out a prima facie case of infringement, and the defendant need not even raise the fair use defense. In addition, fair use is only one of many limitations, exceptions, and defenses to ...
The California state attorneys’ union filed a lawsuit Thursday objecting to a state department’s hiring of outside lawyers in high-profile cases against video game companies Riot Games and ...
Camara also tried to raise a fair use defense at the last minute, but it was disallowed on procedural grounds. Fair use is an affirmative defense which would have to have been raised prior to the first trial, or at least reasonably early enough to allow for discovery in the retrial, whereas the retrial date was only days away.