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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).
While fair use in the United States is popularly understood as the only limitation to an author's exclusive rights, it is only one of several important limitations. Section 106 of the U.S. copyright law, which defines the exclusive rights in copyrighted works, is subject to sections 107 through 122, which limit the copyright holder's exclusive ...
Fair use, which previously had been a matter for judicial determination, was formally codified as Section 107 (§107), with courts given four factors they were to assess to determine whether it was properly claimed: the purpose of the secondary work, the nature of the original work, the portion of the original work and the impact on commercial ...
Although related, the limitations and exceptions to copyright for teaching and library archiving in the U.S. are located in a different section of the statute. A similar-sounding principle, fair dealing, exists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law ...
After those activities came under public scrutiny in 2008, Congress passed FISA’s Section 702 in order to codify the Bush administration’s activities and provide congressional and judicial ...
News of the Supreme Court ruling that affirmative action in higher education is unconstitutional has catapulted the policy that was legal for at least 45 years to the forefront.
While it is not part of section 117, it is also lawful to reverse engineer software for compatibility purposes. Sec. 103(f) of the DMCA (17 U.S.C. § 1201 (f)) says that a person who is in legal possession of a program, is permitted to reverse-engineer and circumvent its protection against copying if this is necessary in order to achieve "interoperability" - a term broadly covering other ...
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