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LaMacchia 871 F.Supp. 535 (1994) was a case decided by the United States District Court for the District of Massachusetts which ruled that, under the copyright and cybercrime laws effective at the time, committing copyright infringement for non-commercial motives could not be prosecuted under criminal copyright law.
Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. [1]
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
Fictitious entries may be used to demonstrate copying, but to prove legal infringement, the material must also be shown to be eligible for copyright. However, due to Feist v. Rural decision that "information alone without a minimum of original creativity cannot be protected by copyright", there are very few cases where copyright has been proven ...
For this reason, in fanfiction, making a successful case for trademark infringement is more difficult than for copyright infringement. An additional defense to trademark infringement or dilution relies on the First Amendment guarantee of freedom of speech. Courts have shown reluctance to curtail creative uses of trademarks in expressive works.
Playing a radio broadcast of a copyrighted work at a business was not copyright infringement Radio reception does not constitute a "performance" of copyrighted material. Reyher v. Children's Television Workshop: 533 F.2d 87: 2d Cir. 1976 The essence of infringement lies in taking not a general theme but its particular expression Gilliam v.
Furthermore, preventing infringement is not the sole goal of the copyright law. It is one goal, but it is not the only one, nor even the most important: Creative work is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts.
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