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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.
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]
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.
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 ...
The Civil Rights Department filed lawsuits in 2018 and 2021 against Riot Games and Activision, alleging the companies had violated California’s equal-pay and anti-discrimination laws with their ...
The plaintiffs moved for partial summary adjudication on defendants' fair use defense on October 4, 1999, and cross-filed for summary judgment citing a First Amendment defense on October 19 under seal. Judge Margaret M. Morrow issued a preliminary ruling on November 8, 1999, rejecting the "fair use" argument. [6]
The year after the decision, Jeannine Marques at the Berkeley Technology Law Journal wrote that "Bill Graham and Blanch seem to mark a shift in focus in fair use jurisprudence towards promoting and encouraging transformative works, regardless of economic effects, in areas in which classical fair use was all but closed to secondary users" by ...
The use of thumbnail versions of copyright images for search engine purposes is transformative use, and falls within the fair use provisions of United States copyright law. Court membership; Judges sitting: Cynthia Holcomb Hall, Michael Daly Hawkins, and Sandra S. Ikuta: Case opinions; Majority: Ikuta, joined by Hall, Hawkins: Laws applied; 17 ...