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Meanwhile, it would be useful to have a clarification of what precisely the copyright rules on "fair use" apply to in the present digital age.
Google argues that this is grounds for a mistrial, as you can't say there was a copyright violation if you can't decide on fair use.
"In my opinion, the federal circuit got it wrong when it reversed [the original trial] ruling and sent the case back for a retrial on fair use".
"We really analogized book search to Web search, and we rely on fair use every day on Web search," David C. Drummond, a senior vice-president at Google who is overseeing the response to the lawsuits, told me.
Unfortunately for Prince, no invented term nor treatise on fair use could stop a federal-court judge in New York from ruling last March that Prince was in violation of copyright law — not for the photo of Shields but for appropriating an entire photographic essay on Jamaican Rastafarians for use in his own show at the Gagosian Gallery in Chelsea.
Suing on behalf of Huang and Green, EFF's complaint argues that the wording of the statute requires the Library of Congress to grant exemptions for all conduct that is legal under copyright, including actions that rely on fair use, when that conduct is hindered by the ban on circumvention.
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That leaves potential buyers to rely on legal precepts of fair use in portraying them, or on their assurances that they will not seek to interfere with a movie.
The FOSS Patents blog, which has a lot of the details on the verdict, says the verdict hung on the concept of fair use.
I'd like to see one or more of the parodists sue Constantin Films on the grounds of fair use.
Google's copyright legal director Fred Von Lohmann announced in November that Google would, on the basis of fair use, offer legal support to a select group of content creators on YouTube that receive copyright claims.
But critics say the law infringes on a tradition of "fair use" for copyright material.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com