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Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use ...
Section 2(b) of the Canadian Charter of Rights and Freedoms, governing freedom of expression, could be said to hold that limiting the use of copyrighted material is unconstitutional, as opposed to asserting that the copyright scheme as a whole is unconstitutional. Canadian courts have not yet definitely rejected or accepted the proposition.
The current public records law, the Government Records Access and Management Act (GRAMA), is found at Utah Code Ann. § 63G-2-101. All records created or maintained by a state governmental entity are the property of the state (Utah Code Ann. § 63A-12-105).
Rights holders must consider fair use before issuing a takedown notice. If the notice is issued in bad faith, the rights holder could be held liable for misrepresentation. A.V. ex rel.Vanderhye v. iParadigms LLC: 562 F.3d 630: 4th Cir. 2009 Commercial online database of student papers for plagiarism detection purposes was fair use MDY Industries v.
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
[9] [10] Attempts to extend the copyright term granted by law – for example, by collecting royalties for use of the work after its copyright term has expired and it has passed into the public domain – raise such competition concerns.
The dissent based this position on section 2.7 of the copyright act, which states that an "exclusive license is an authorization to do any act that is subject to copyright to the exclusion of all others including the copyright owner."
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 ...