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Before the 1976 Act, the last major revision to statutory copyright law in the United States occurred in 1909. [3] In deliberating the Act, Congress noted that extensive technological advances had occurred since the adoption of the 1909 Act. Television, motion pictures, sound recordings, and radio were cited as examples.
In the United States Code, Title 17 outlines its copyright law. [1] It was codified into positive law on July 30, 1947. [ 2 ] The latest version is from December 2016.
Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use analysis.
Title 17, United States Code, Section 108 places limitations on exclusive copyrights for the purposes of certain limited reproduction by a public library or an archive. [38] [39] Title 17, United States Code, Section 107 also places statutory limits on copyright which are commonly referred to as the fair use exception. [40] [41]
Chief Judge Juan R. Torruella wrote the opinion finding the first, second and third factor to be in favor of fair use under 17 U.S.C. § 107 and the decision was affirmed. For the first factor of fair use, purpose and character of use, the court stated that Caribbean International News Corp. use inform and "gain commercially," and that the two ...
The basic two-part test for copyright infringement under the 1976 Act, described by the US Supreme Court in Feist Publications, Inc., v. Rural Telephone Service Co. , is (1) whether there is a valid copyright, and (2) whether there has been improper copying of the copyrighted work.
That compilations or abridgements, adaptations, arrangements, dramatizations, translations, or other versions of works in the public domain, or of copyrighted works when produced with the consent of the proprietor of the copyright in such works, or works republished with new matter, shall be regarded as new works subject to copyright under the ...
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 ...