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Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use ...
[14] He gave several guidelines for analyzing what is fair or not: The number and extent of the quotations or extracts must be consider. Excess number and length might not be fair. Use as a basis for comment, criticism or review may be fair dealing, but being used to convey the same information as the author, for a rival purpose, may be unfair.
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 ...
Thus, the district court denied Universal's motion to dismiss Lenz's claim. The district court believed that Universal's concerns over the burden of considering fair use were overstated, as mere good faith consideration of fair use, not necessarily an in-depth investigation, is a sufficient defense against misrepresentation. [2]
The dissent based this position on section 2.7 of the copyright act, which states that an "exclusive license is an authorization to do any act that is subject to copyright to the exclusion of all others including the copyright owner."
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 ...
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.
Finally, some courts find that all prongs of the Feist and Arnstein tests are met, but that the copying is nevertheless permitted under the fair use doctrine. 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 ...