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    1. Scholarly Communications @ Duke - Page 15 of 58 - Discussions about the changing world of scholarly

      The Court did not even do the level of financial analysis that Judge Evans did in the GSU case.  Justice Stevens, in Sony , simply (...)

    2. The view from the other side of the revolving door - Scholarly Communications @ Duke

      The two former registrars want to argue, implausibly, that the distinction between that situation and a wholly non-commercial (...)

    3. The GSU decision - not an easy road for anyone - Scholarly Communications @ Duke

      So here is the bottom line on the fair use analysis Judge Evans has outlined (pp. 87 – 89 of the opinion). 

    4. Summary judgment in the GSU case? - Scholarly Communications @ Duke

      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 (...)

    5. Copyright use case on a Grecian Urn - Scholarly Communications @ Duke

      I think it would change the analysis, since any original content that was contributed by the restorer would be eligible for copyright (...)

    6. Scholarly Communications @ Duke - Page 27 of 58 - Discussions about the changing world of scholarly

      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 (...)

    7. Copyright follies - Scholarly Communications @ Duke

      Just before publishing this post I saw an excellent analysis of the issue of royalties for ex-Nazi’s or these descendants here, in (...)

    8. The good side of a bad lawsuit - Scholarly Communications @ Duke

      We need to learn from this case both that the fair use analysis is intended to uncover particular facts about a specific (...)

    9. Book Review: Bailout

      These new books include analysis by financiers Henry Paulson and George Soros, as well as economists Joseph Stiglitz and Nouriel Roubini.

    10. Swimming in muddy waters - Scholarly Communications @ Duke

      If a commercial intermediary is involved, as was the situation in the course pack cases, this is no longer true. 

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