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A wide-angle lens on fair use - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/11/17/a-wide-angle-lens-on-fair-use/
And, of course, there is a growing body of precedent about fair use out of not just the Second Circuit but also the Fourth, Ninth and (...)
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The quest for "super-property" - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/03/20/the-quest-for-super-property/
Second, even though Omega got a tie from the Supreme Court that left in place a favorable decision for them from the Ninth Circuit, (...)
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A sequel on Salinger - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2009/07/15/a-sequel-on-salinger/
You should check out the 2nd circuit case Castle Rock, in which the Second Circuit wrestles with this very question, at one (...)
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Here we go again: latest GSU ruling an odd victory for libraries - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2016/04/01/fgo-latest-gsuruling-odd-victory-libraries/
For factor two, the nature of the original, Judge Evans does not make a blanket assumption, owing to instructions from the Eleventh (...)
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Scholarly Communications @ Duke - Page 11 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/11/
The University of New Mexico , which was before the Tenth Circuit Court of Appeals and decided on December 23 , we had a direct (...)
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Fair Use for Authors - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2017/02/21/fair-use-authors/
It’s now on its second appeal before the 11 th Circuit Court of Appeals. The case is largely about whether it was permissible under the (...)
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Scholarly Communications @ Duke - Page 33 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/33/
Apparently what we need is Congressional action to tell the Federal Circuit that this decision was wrong by enacting a separate (...)
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Feelin' stronger every day - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/08/19/feelin-stronger-every-day/
No guarantees, of course, that the Eleventh Circuit will take this approach, but this analysis in the Schwegman case is one more (...)
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Scholarly Communications @ Duke - Page 13 of 58 - Discussions about the changing world of scholarly
https://blogs.library.duke.edu/scholcomm/page/13/
Here is how the jury instructions for the federal courts in the Ninth Circuit describes this requirement: the plaintiff contends that (...)
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Copyright roundup - Scholarly Communications @ Duke
https://blogs.library.duke.edu/scholcomm/2013/12/27/copyright-roundup/
Finally, I should add a few extra facts not mentioned in the 10th Circuit opinion that will help to make sense of this admittedly (...)