Items tagged "Fair Use"

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Copyright Vogued, Dragged, and Bounced: Reimagining ‘Fair Use’ Through LGBTQ+ Artistic Expressions

June 25, 2021 artists , Copyright , Copyright Reform , creators , DMCA , Fair Use

  Thanks to PK Senior Policy Counsel Meredith Rose for her valued input during the process of writing this blog post. LGBTQ+ arts and expressions are inventive, witty, life-affirming, and commentary-laden. As they quickly break into mainstream media, they are attracting the attention of media conglomerate copyright holders who have the power to eradicate this […]

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Apple Inc. v. Corellium: Another Case Where Fair Use Is Not a Defense to Section 1201

June 11, 2021 Anticircumvention , DMCA , Fair Use , Litigation , Section 1201

I’m perplexed by the District Court’s recent ruling in Apple Inc. v. Corellium, LLC that highlights an interesting tension in copyright law. A company can still violate copyright law even if a court has already found that it’s not infringing any copyright. Here’s how: Section 1201 of the Digital Millennium Copyright Act makes it illegal […]

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Supreme Court Gives Competition a Booster Shot in Landmark Fair Use Decision

April 6, 2021 API , Competition , Copyright , Fair Use , Google , Google v Oracle , Litigation , Oracle , Oracle v. Google , Supreme Court

I’m happy about the Supreme Court’s 6-2 decision in Google v. Oracle, affirming that Google’s reimplementation of the Java API for Android was a fair use and thus not copyright infringement. Google and Oracle’s competitions can breathe a sigh of relief, since a result that went the other way could have seriously inhibited the ability […]

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Press Release

Supreme Court Google v Oracle Decision a Fair Use Win for Consumers and Competition

April 5, 2021 API , Competition , Copyright , Fair Use , Google v Oracle

Today, the U.S. Supreme Court announced its decision in the case of Google v Oracle. In its 2019 brief, Public Knowledge urged the Supreme Court to hold that the Java API is uncopyrightable, in accordance with longstanding tradition, industry practice, and common sense. The Court ruled in favor of Google on fair use grounds, but declined to consider the question of copyrightability.

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No One Should Have to Wait Eight Months for a Library Book

August 7, 2020 CDL , controlled digital lending , Copyright , Copyright Reform , Digital First Sale , Ereaders , Fair Use , First Sale Doctrine , Libraries

After recent Black Lives Matter protests, Americans rushed to libraries to request books on history, politics, and anti-racism. There were immediate shortages of certain books, with up to six month waits for commonly recommended titles. This happened throughout the entire system — even electronic books had long queues to check out. This is, in part, […]

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Libraries Are Updating for Today’s Digital Needs. Congress Needs to Clear the Way.

July 1, 2020 CDL , controlled digital lending , Copyright , Copyright Reform , Digital First Sale , Ereaders , Fair Use , First Sale Doctrine , Legislation , Libraries

Libraries have been central to culture, education, and research for centuries. Libraries have been part of America since the early 18th Century; the most famous early American library, (though not the first), was founded by Benjamin Franklin and others in Philadelphia in 1731. Libraries have taken many shapes — they’ve been public and private; membership-based […]

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Press Release

James Oscar Smith v Drake Decision Marks Another Win for Fair Use

February 5, 2020 amicus brief , Copyright , Fair Use , James Oscar Smith v Drake

Yesterday, the Second Circuit upheld a fair use finding in the case of James Oscar Smith v. Drake. The estate of James Oscar Smith sued the artist Drake (among others), claiming that Drake infringed on the estate’s rights when he sampled “Jimmy Smith Rap” for the opening of his track, “Pound Cake.” The trial court disagreed, holding that the sample was a fair use, and the Second Circuit affirmed that finding on appeal.

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Press Release

Public Knowledge Files Amicus Brief in Google v. Oracle

February 25, 2019 amicus brief , Fair Use , Google v Oracle , Supreme Court

Today, Public Knowledge, along with R Street Institute, filed an amicus curiae brief in Google v. Oracle before the United States Supreme Court.

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Press Release

Public Knowledge Opposes EU Parliament’s Adoption of Copyright Directive Harming Free Expression Online

September 12, 2018 copyright directive , Copyright Reform , European Union , Fair Use , Freedom of Expression

Today, the European Parliament voted to amend the Copyright Directive to force platform companies to create content-upload filters and pay media organizations a link tax. Public Knowledge specifically opposes policies like Article 13 and Article 11. Once adopted by Europe, there is a substantial danger that this idea might be adopted around the world.

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Press Release

Public Knowledge Responds to Trump Administration’s NAFTA Negotiation Objectives

July 20, 2017 Fair Use , International , NAFTA , USTR

Recently, the United States Trade Representative Robert Lighthizer published a summary of the Trump Administration’s objectives for renegotiating the North American Free Trade Agreement (NAFTA). Public Knowledge finds that these objectives will harm American consumers and innovators.

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