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46

This is likely not fair use. At first blush it appeared similar to things one might see in The Onion (parody print and online newspaper) or other parody publications or shows (SNL, Key and Peele, etc.). In this case, the context would have likely been deemed transformative. However, since they are selling coffee called "Dumb Starbucks" while using their ...


13

In the UK, it would not be allowed, as the company is selling coffee while making it likely that customers will believe it is Starbucks coffee. As well as Starbuck being able to take action over the use of their trade mark, trading standards could take action as the company is clearly likely to deceive customers.


6

Wikipedia has two kinds of pictures: Reusable pictures, most of them stored at http://commons.wikimedia.org Copyrighted pictures under fair-use, stored on the local Wikipedia (in your case, the Russian Wikipedia) but not on Commons. To know what case it is, just click on the Wikipedia picture, click on the blue "Description" button, and see whether it ...


5

Considering their own FAQ (as shown in the question) specifically states that they're only calling it a parody to try to get away using Starbucks' name and logo for the purpose of selling coffee, they almost certainly would not be able to get away with this in court were they sued by Starbucks. They openly admit that their intention is not parody at all, but ...


5

Unfortunately the answer is a vague "it depends." Commercial versus non-commercial is not clearly defined in actual law, and is usually up to the specific license to define what it considers to be commercial use. If you were putting them on your business cards, then it's just being used for advertising and whether it's commercial use is a bit controversial. ...


5

You’re confusing satire with parody. Parody is when you use the protected work to comment on that work, while satire is when you use it to comment on something else. If you take R. Kelly’s “I Believe I Can Fly” and change the lyrics after the first verse to be about the singer jumping off a roof and having to spend the next three months in the ICU, that’s ...


5

I presume from the fact that you mention "fair use" that you're interested in United States law. In that case, the answer is a clear-cut "no". 17 USC 107: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that ...


5

You cannot run MacOS legally on any computer that is not Apple-branded. It is a DMCA violation. There are technical measures in place that check that the OS is running on an Apple branded computer. These measures are easily circumvented, but they need to be circumvented, which makes it a DMCA violation. A company selling computers with MacOS installed (...


5

In the United States, making a copy without permission is generally going to be a copyright violation, unless the copying is a fair use. Fair-use defenses look at four questions, and the answers to the questions can tip the scales in favor of or against a finding of fair use: Does your kind of copying affect the market for the original? To what extent can ...


4

Just assuming for the sake of this particular answer that everything happens in the U.S.: I'm not sure about the particular example of Open ZFS. The registration in the USPTO Records is in Oracle's name. Using OpenZFS for distributing the same kind of software as the now closed-source ZFS would seem to be infringing to me absent a license. Maybe Oracle just ...


4

Titles can't be copyrighted. Meta-data like #2 aren't copyrighted. Not sure if the MPAA could protect its ratings, but I can't find anywhere that it has asserted restrictions on the use of those. If the list of "Similar works" is not somebody else's intellectual property then there's no problem. (If it is I'm not certain what protection it could be ...


4

If you are utilizing the name of the characters just so users can rate them (by rate - I mean rank, review, critique) you should be fine. Copyrights are subject to "fair use" by the public. For purposes such as review, criticism, and comment - this is generally considered to be fair use. Is the site commercial or for-profit? That could impact the analysis, ...


4

What is allowed and what happens are different things; this is why we have police, courts and prisons. If everyone followed all of the laws all of the time we would need none of these. The videos are copyright and without the permission of the copyright holder (the NFL) you cannot reproduce or distribute them. A defense to copyright violation is if the ...


4

Presumably you are referring to works commonly called "fan fiction." Under copyright law these might be considered "derivative works" and therefore subject to the rights of the copyright owner. However, they might also qualify for exemption from copyright enforcement under "fair use." It appears that the legality of fan fiction is not settled law, and the ...


4

It depends on where you are For example, in USA copyright exists in a literary or artistic work stored in permanent form like a book, a movie, an audio recording, a building etc. In contrast, in Australia there is no requirement for the work to be stored - that means copyright can exist in a spoken lecture. The owner of the copyright (usually, but not ...


4

NOTE: This answer assumes jurisdiction in the US. No. Length does not determine whether or not something is fair use or not. There was a court case (Harper & Row v Nation Enterprises, 471 U.S. 539 (1985), all credit to Dawn) where it was determined that just a few paragraphs from a 300+ page biography were infringing content, due to them capturing the "...


4

"Public domain" refers to things in principle copyrightable but where protection has lapsed, been repudiated, or is a statutory exception (such as government works). A website is not "in the public domain". The idea that a website is "public property" is (*cough*) mistaken. There are basically two ways in which a web interaction could be illegal. The first ...


4

According to Wikipedia, the organization that holds Vatican copyrights has the following policy: [N]ews organizations can quote from the pope's speeches, encyclicals and other writings without charge. They can also publish full texts free provided they cite Vatican copyright ... but if a text is published separately ... payment is due. You say that no ...


4

This is pretty solid fair use territory. The court will consider how much you copied and whether you needed to, but I don't think they'd think you crossed the line with these facts. Even if they did, that's just one of four factors, and the others generally work in your favor. For a similar case in a New Hampshire governor's race, check out Keep Thomson ...


4

No. You may not do this. As your post points out this is a blatant copyright violation. It isn't remotely in the realm of fair use.


4

THE FOLLOWING OPINION IS NOT LEGAL ADVICE Based on your screenshot and description, I don't see anything infringing. If the data you are using is from your own sources, and what you show is not a scan or photo of their guide, and your layout is thus unique in specifics (not a direct copy), it wouldn't be an "infringement" as far as copyright law is ...


4

Any use of the song snippets in your App can be copyright infringement (in the US), Fair Use (U.S. Copyright Office) not withstanding. Not distributing the App and/or using the App only in a limited group for the study, or not making money from the App doesn't usually matter when it comes to copyright infringement. Fair Use does have some educational ...


4

The question as worded implies that if something is a parody it is automatically fair use or allowed in US copyright law. This is a myth. First of all, in a copyright context, the term "parody" is somewhat limited. In that sense, a "parody" is a new work which comments on the original (often but not always by mocking or ridiculing the original). A mere ...


4

(Note: the answer below deals with US copyright law only.) There are specific carve-out in the "fair use" law for "scholarship" and "research": Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for ...


3

Your website is probably fair use. In the 2013 case of Authors Guild, Inc. v. Google Inc., the court held that Google Books was permitted to scan books and provide snippets to the readers. The court found the following benefits of Google Books. 1. It provided new and efficient ways for readers to finds books. 2. It promotes research and data mining. 3. It ...


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