[39] Each of the defences of justification and
fair comment require proof that the impugned statements, or the facts upon which they are based, are true.
Not exact matches
This decision absolutely clarifies that the law does not
require that a new work of art
comment on any of its source material to qualify as
fair use.
Prince is widely seen as having set his own case back by claiming in his 2009 verbal deposition (compiled as a book, Canal Zone Richard Prince YES RASTA: Selected Court Documents, & c., & c., by filmmaker / artist / writer Greg Allen) that «I don't really have a message» or any
comment on the originals, which, Cariou's lawyers argued in this case, should be
required for protection under
fair use.
We like to publish differing opinions and have heated debates, but we've found in the past that the amount of spam we received, plus the
comments that were less than civil,
required a
fair amount of moderation, which often stymied discussion when the iron was hot.
[1] A defamation case, by its nature,
requires the court to consider the values of acceptable social behaviour founded on respect for individual dignity and reputation, together with that of free speech, a cornerstone of which is
fair comment.
This was sufficient to satisfy, in the general terms
required, the fourth branch of the
fair comment test.
Written By ESR News Blog Editor Thomas Ahearn The Federal Trade Commission (FTC) is seeking public
comment on the Disposal Rule formally known as the «Disposal of Consumer Report Information and Records Rule» which implements part of the
Fair and Accurate Credit Transactions Act of 2003 (FACTA) by
requiring consumer report information for business purposes...