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    1. A wide-angle lens on fair use - Scholarly Communications @ Duke

      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 (...)

    2. The quest for "super-property" - Scholarly Communications @ Duke

      Second, even though Omega got a tie from the Supreme Court that left in place a favorable decision for them from the Ninth Circuit, (...)

    3. A sequel on Salinger - Scholarly Communications @ Duke

      You should check out the 2nd circuit case Castle Rock, in which the Second Circuit wrestles with this very question, at one (...)

    4. Here we go again: latest GSU ruling an odd victory for libraries - Scholarly Communications @ Duke

      For factor two, the nature of the original, Judge Evans does not make a blanket assumption, owing to instructions from the Eleventh (...)

    5. Scholarly Communications @ Duke - Page 11 of 58 - Discussions about the changing world of scholarly

      The University of New Mexico , which was before the Tenth Circuit Court of Appeals and decided on December 23 , we had a direct (...)

    6. Fair Use for Authors - Scholarly Communications @ Duke

      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 (...)

    7. Scholarly Communications @ Duke - Page 33 of 58 - Discussions about the changing world of scholarly

      Apparently what we need is Congressional action to tell the Federal Circuit that this decision was wrong by enacting a separate (...)

    8. Feelin' stronger every day - Scholarly Communications @ Duke

      No guarantees, of course, that the Eleventh Circuit will take this approach, but this analysis in the Schwegman case is one more (...)

    9. Scholarly Communications @ Duke - Page 13 of 58 - Discussions about the changing world of scholarly

      Here is how the jury instructions for the federal courts in the Ninth Circuit describes this requirement: the plaintiff contends that (...)

    10. Copyright roundup - Scholarly Communications @ Duke

      Finally, I should add a few extra facts not mentioned in the 10th Circuit opinion that will help to make sense of this admittedly (...)

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