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Scholarly Communications @ Duke - Page 15 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/15/
The Court did not even do the level of financial analysis that Judge Evans did in the GSU case. Justice Stevens, in Sony , simply (...)
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The view from the other side of the revolving door - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/02/13/the-view-from-the-other-side-of-the-revolving-door/
The two former registrars want to argue, implausibly, that the distinction between that situation and a wholly non-commercial (...)
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The GSU decision - not an easy road for anyone - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2012/05/12/the-gsu-decision-not-an-easy-road-for-anyone/
So here is the bottom line on the fair use analysis Judge Evans has outlined (pp. 87 – 89 of the opinion).
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Summary judgment in the GSU case? - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2010/03/09/summary-judgment-in-the-gsu-case/
I have no objection to a checklist myself as a useful place to start an analysis, but it should not be used mechanically in the way GSU (...)
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Copyright use case on a Grecian Urn - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2008/09/06/grecian-urn/
I think it would change the analysis, since any original content that was contributed by the restorer would be eligible for copyright (...)
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Scholarly Communications @ Duke - Page 27 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/27/
When we compare the Canadian situation to the US it is clear that, in spite of some major differences in the law, we may be looking at (...)
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Copyright follies - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2015/04/30/copyright-follies/
Just before publishing this post I saw an excellent analysis of the issue of royalties for ex-Nazi’s or these descendants here, in (...)
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The good side of a bad lawsuit - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2011/03/31/the-good-side-of-a-bad-lawsuit/
We need to learn from this case both that the fair use analysis is intended to uncover particular facts about a specific (...)
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Book Review: Bailout
https://sites.fuqua.duke.edu/fordlibrary/2012/10/01/book-review-bailout/
These new books include analysis by financiers Henry Paulson and George Soros, as well as economists Joseph Stiglitz and Nouriel Roubini.
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Swimming in muddy waters - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2014/10/30/swimming-muddy-waters/
If a commercial intermediary is involved, as was the situation in the course pack cases, this is no longer true.