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The law, which took effect in May 2008, permits the fair use of copyrighted works for purposes such as private study, research, criticism, review, news reporting, quotation, or instruction or testing by an educational institution. The law sets up four factors, similar to the U.S. fair use factors (see above), for determining whether a use is fair.
Although its formulation in Section 107 tracks very closely the iterations in modern case law, the factors themselves are essentially the same as set forth by Judge Story in 1841. Consequently, the Folsom v. Marsh case is regarded as establishing the principle of fair use in American copyright law.
Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985), was a United States Supreme Court decision in which public interest in learning about a historical figure's impressions of a historic event was held not to be sufficient to show fair use of material otherwise protected by copyright. [1]
The Act gives four factors to be considered to determine whether a particular use is a fair use: the purpose and character of the use (commercial or educational, trans-formative or reproductive, political); the nature of the copyrighted work (fictional or factual, the degree of creativity);
Southern District affirmed. Bill Graham Archives v. Dorling Kindersley, Ltd., 448 F.3d 605, is a 2006 case of the United States Court of Appeals for the Second Circuit regarding fair use of images in a pictorial history text. It affirmed the United States District Court for the Southern District of New York, which held at trial that the ...
In United States copyright law, transformative use or transformation is a type of fair use that builds on a copyrighted work in a different manner or for a different purpose from the original, and thus does not infringe its holder's copyright. Transformation is an important issue in deciding whether a use meets the first factor of the fair-use ...
In April 2021, the Supreme Court ruled in a 6–2 decision that Google's use of the Java APIs served an organizing function and fell within the four factors of fair use, bypassing the question on the copyrightability of the APIs. The decision reversed the Federal Circuit ruling and remanded the case for further review.
The court also ruled that Google's infringement meant "[c]ommonsense dictates that [cell phone] users will be less likely to purchase the downloadable P10 content licensed to Fonestarz", and that this factor weighed against Google. [2] On Google's claim for the fair use defense, the court analyzed the four factors of fair use and concluded: