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On March 19, 2007, the bill was referred to the House Subcommittee on Courts, the Internet, and Intellectual Property. The bill was not reintroduced. Boucher emphasized that the bill would not make circumvention an act of fair use, but would instead redefine which acts qualify as permissible circumvention, stating that
Fair use is a doctrine in United States ... Times content by the Free Republic website was not fair use, ... Act was amended to include a fair use provision, Article ...
The bill was reintroduced into Congress once again on March 9, 2005 as H.R. 1201, the 'Digital Media Consumers Rights Act of 2005'. The 2005 bill's original co-sponsors were John Doolittle, and Joe Barton. Some provisions of the bill were incorporated into the FAIR USE Act of 2007.
In the context of American legislation, censorship by copyright has been said to violate the First Amendment; such abuse of copyright is supposed to be limited by fair use, but fair use has been found to be difficult to enforce due to chilling effects of copyright litigation and disparity of power between copyright holders and those seeking ...
The first, second, and fourth fair use factors weigh slightly in favor of P10 [Perfect 10]. The third weighs in neither party’s favor. Accordingly, the Court concludes that Google’s creation of thumbnails of P10’s copyrighted full-size images, and the subsequent display of those thumbnails as Google Image Search results, likely do not ...
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If Defendant uses the mark as a trademark (i.e., a brand, product name, company name, etc.) or if Defendant uses the term in a suggestive manner, it is not descriptive fair use. Nominative fair use of a mark may also occur within the context of comparative advertising. [2] Under U.S. Supreme Court precedent, the fair use defense in trademark ...