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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).
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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 ...
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Case Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary; New York Times Co. v. Tasini: 533 U.S. 483: 2001: 7–2: Substantive: Collective works
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The U.S. Congress adopted the Intellectual Property Protection and Courts Amendments Act (also known as the Anti-Counterfeiting Amendments Act) in 2004. [24] This law expanded criminal penalties to criminalize trafficking of counterfeit copyrighted works. [25]
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 ...