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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]
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.
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.
"To make the notice meaningful rather than misleading", section 403 of the 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as ...
A copyright cannot be granted to a non-citizen whose country has not been acknowledged as in a reciprocal copyright arrangement with the United States by a formal presidential proclamation. Because the non-citizen is not granted a copyright, they cannot assign a copyright for a work to a citizen of a country with American copyright privileges.
The term "fair use" originated in the United States. [6] 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 ...
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.
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.