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In 2009, fair use appeared as a defense in lawsuits against filesharing. Charles Nesson argued that file-sharing qualifies as fair use in his defense of alleged filesharer Joel Tenenbaum. [34] Kiwi Camara, defending alleged filesharer Jammie Thomas, announced a similar defense. [35]
Thus, the Circuit Court rejected Napster's argument that file sharing by its users qualified for the fair use defense. Napster's claims that it enabled legal sampling, space shifting, and permissive distribution (some artists had consented to the presence of their songs on the Napster service) were also rejected by the court.
Whether, as the jury found, petitioner's use of a software interface in the context of creating a new computer program constitutes fair use. Holding Google's copying of the Java SE API, which included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program, was a ...
The court found that Meltwater failed to justify its fair use claim under 17 U.S.C. § 107. Under 17 U.S.C. § 107, Meltwater failed to satisfy the four criteria for a fair use defense: [1] "The purpose and character of the use." The court determined that the purpose and character of use was not substantially transformative.
Camara also tried to raise a fair use defense at the last minute, but it was disallowed on procedural grounds. Fair use is an affirmative defense which would have to have been raised prior to the first trial, or at least reasonably early enough to allow for discovery in the retrial, whereas the retrial date was only days away. [16]
In the month before the trial, Nesson petitioned the Court to be allowed to present a fair use defense to the jury. Although the Court considered the late addition of the defense "troubling," the Court allowed limited discovery to proceed over the plaintiffs' strenuous objections.
Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992), [1] is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
The first, second, and fourth fair use factors weigh slightly in favor of P10 [Perfect 10]. The third weighs in neither party’s favor. Accordingly, the Court concludes that Google’s creation of thumbnails of P10’s copyrighted full-size images, and the subsequent display of those thumbnails as Google Image Search results, likely do not ...