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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:
A copyright cannot be granted to a non-citizen whose country has not been acknowledged as in a reciprocal copyright arrangement with the United States by a formal presidential proclamation. Because the non-citizen is not granted a copyright, they cannot assign a copyright for a work to a citizen of a country with American copyright privileges.
Finally, the court considers the main fair-use argument of the case. The plaintiffs argue that because the defendants are libraries, they are governed by 17 U.S.C. § 108 and can't claim a fair use [11] defense. The court rules that the special rights granted to libraries in §108 are in addition to fair use rights and continues to evaluate the ...
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use ...
Many of the same points of law that were litigated in this case have been argued in digital copyright cases, particularly peer-to-peer lawsuits; for example, in A&M Records, Inc. v. Napster, Inc. in 2001, the Ninth Circuit Court of Appeals rejected a fair use "space shifting" argument raised as an analogy to the time-shifting argument that ...
Judges across the country are "all over the map" in deciding fair use copyright cases, according to Christa Laser, an intellectual property law professor at Cleveland State University, setting up ...
OpenAI, however, defends its models as transformative, and thus protected under fair use laws. While the lawsuit is still pending, a similar argument succeeded in the 2015 Authors Guild lawsuit ...
On June 1, 2020, Hachette Book Group and other publishers, including Penguin Random House, HarperCollins, and Wiley, filed a lawsuit against the Internet Archive for the National Emergency Library. [10] [11] The plaintiffs argued that the practice of CDL was illegal and not protected by the doctrine of fair use. [12]
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