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Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. 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 ...
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
Even if all prongs are met, there are fair use defenses that may defeat a claim of copyright infringement. [7] Beyond these basics, US copyright law is complex, confusing, and inconsistent, with a variety of tests employed by courts to determine when copyright has been infringed, including by paraphrasing.
Although its formulation in Section 107 tracks very closely the iterations in modern case law, the factors themselves are essentially the same as set forth by Judge Story in 1841. Consequently, the Folsom v. Marsh case is regarded as establishing the principle of fair use in American copyright law.
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.
Assessment Technologies also created new law, stating that it is a copyright misuse and an abuse of process to attempt to use a contract or license agreement based on one's copyright to protect uncopyrightable facts. In the late 1990s, Congress attempted to pass laws to protect collections of data, [10] but the measures failed. [11]
Toward a Fair Use Standard", 103 Harv. L. Rev. 1105 (1990), is a law review article on the fair use doctrine in US copyright law, written by then-District Court Judge Pierre N. Leval. The article argued that the most critical element of the fair use analysis is the transformativeness of a work, the first of the statutory factors listed in the ...
Oral arguments on the fair use matters were held in September 2013. On November 14, 2013, Judge Chin issued his ruling on the parties' cross-motions for summary judgment, and in effect dismissed the infringement lawsuit, holding that Google's use of the works was 'fair use' under copyright law. [52] [50] In his ruling, Judge Chin wrote:
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