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1. We're back! (and so is the GSU fair use e-reserves appeal...) - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2016/11/21/13586/

   before the 11 th Circuit  Court of Appeals. The brief isn’t a huge development.

2. Can Copyright kill the Internet? - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2008/10/15/can-copyright-kill-the-internet/

   Since Leval sits on the Second Circuit Court of Appeals, there is good reason to believe that Google would not have prevailed in its (...)

3. Getting first sale wrong - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2011/08/24/getting-first-sale-wrong/

   Omega , which was affirmed by an evenly divided Supreme Court) the Ninth Circuit had ruled that first sale did not apply if a work was (...)

4. Swimming in muddy waters - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2014/10/30/swimming-muddy-waters/

   We should not lose sight of this important application of fair use, or assume, incorrectly, that the 11th Circuit ruling creates new (...)

5. GSU appeal ruling - the more I read, the better it seems - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2014/10/19/gsu-appeal-ruling-read-better-seems/

   An initial or cursory reading of the opinion issued by the panel of the 11th Circuit on Friday might even confirm those fears.  

6. Learning from ambiguity - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2009/05/06/learning-from-ambiguity/

   On this issue, I have been convinced; the 4th Circuit opinion has put to rest my earlier doubts. 

7. Fair use for appropriation art - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2013/04/30/fair-use-for-appropriation-art/

   As for the correct standard for deciding if a work has a transformative purpose, the Second Circuit wants a broader rule than that (...)

8. A reversal for Georgia State - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2014/10/17/reversal-georgia-state/

   A reversal for Georgia State - Scholarly Communications @ Duke Primary Menu Skip to content About What we do For Faculty Authors Copyright in (...)

9. Copyright & the First Amendment - Scholarly Communications @ Duke

   https://blogs.library.duke.edu/scholcomm/2007/09/07/copyright-the-first-amendment/

   Gonzalez by the Tenth Circuit Court of Appeals on September 4th. This is the most recent in a line of challenges to the Copyright Term (...)

10. Fair use and the law of trespass - Scholarly Communications @ Duke

    https://blogs.library.duke.edu/scholcomm/2010/04/13/fair-use-and-the-law-of-trespass/

    Unfortunately, the 11 th Circuit conflated this argument with another one made by the defendant and then refuted the second argument (...)