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The Supreme Court was the source of a number of concepts in the field, including fair use, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents.
Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional works. [10] Nonfiction literary works, such as history books, newspaper articles, and biographies, are treated as factual works with similarly narrow ...
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.
Rights holders must consider fair use before issuing a takedown notice. If the notice is issued in bad faith, the rights holder could be held liable for misrepresentation. A.V. ex rel.Vanderhye v. iParadigms LLC: 562 F.3d 630: 4th Cir. 2009 Commercial online database of student papers for plagiarism detection purposes was fair use MDY Industries v.
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 ...
Opponents also argue that the law might be read to give full control to copyright holders over what uses are and are not permitted, essentially eliminating fair use. For example, ebook readers protected by this law can prevent the user from copying short excerpts from the book, printing a couple pages, and having the computer read the book ...
In Perfect 10, Inc. v. Google, Inc., 508 F.3d 1146 (9th Cir. 2007), the Ninth Circuit held that when Google stored thumbnail versions of Perfect 10's magazine images on its server to communicate them to Google's users, Google prima facie violated Perfect 10's copyright. But the court also held that Google had a valid fair use defense. Id. at ...
The Berne Convention Implementation Act of 1988 amended the law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989 and also revised Section 403. After the adoption of this act, a copyright notice was no longer necessary to secure copyright protection.