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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]
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.
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]
Atty. Gen. Rob Bonta and Newsom's office also reviewed more than 100 lawsuits California filed against the federal government during Trump's first administration to pinpoint potential ...
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 ...
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.
The first Fair Use Week included blog posts from national and international fair use experts, live fair use panels, fair use workshops, and a Fair Use Stories Tumblr blog, [83] where people from the world of art, music, film, and academia shared stories about the importance of fair use to their community. [84]
The court found that Meltwater failed to justify its fair use claim under 17 U.S.C. § 107. Under 17 U.S.C. § 107, Meltwater failed to satisfy the four criteria for a fair use defense: [1] "The purpose and character of the use." The court determined that the purpose and character of use was not substantially transformative.