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Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
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 ...
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.
The "innocent infringer" defense, which lowers statutory minimum damages of copyright infringement from $750 to $200, was written in a time when copyright notices would be clearly affixed to physical media, which was part of the expectation in favor of the defense.
The Ninth Circuit's treatment of transformativeness and fair use in the Arriba Soft and Perfect 10 cases illustrates different data points on the copyright infringement spectrum, at least with respect to transformativeness and fair use. Arriba Soft was a relatively polar case. The harm to Kelly, the copyright owner, was negligible; it was ...
The FAIR USE Act is Boucher’s third attempt at reforming provisions within the DMCA, the previous two being the Digital Media Consumers' Rights Acts (DMCRA) of 2003 and 2005. [3] Previously, Boucher co-sponsored the “ Benefit Authors without Limiting Advancement or Net Consumer Expectations ,” or “BALANCE Act,” which sought to amend ...
Fair use defence to copyright infringement allows unauthorised use of copyrighted work in a reasonable manner under certain circumstances. The following are some of the facets that distinguish the misuse doctrine from fair use – Fair use is statutorily recognised in 17 USC § 107, whereas copyright misuse is yet to receive statutory support; and
The core of Koeltl's opinion was the application of the four factors—commercial vs. non-commercial use, expressive vs. non-expressive nature, the portion of the original work used and whether the secondary work harms market opportunities for the original—a court considers in a copyright claim where fair use is asserted as a defense. [28] [29]
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