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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).
Columbia Pictures did not contend that in-home use infringes their copyright. It argued that the exhibition or showing of the video cassettes in private booths constituted an unauthorized public performance. In turn, this violated Columbia Pictures' exclusive rights under federal copyright laws. [1]
Fair use is the use of limited amounts of copyrighted material in such a way as to not be an infringement. It is codified at 17 U.S.C. § 107, and states that "the fair use of a copyrighted work ... is not an infringement of copyright." The section lists four factors that must be assessed to determine whether a particular use is fair.
The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107. Justice Souter began by describing the inherent tension created by the need to simultaneously protect copyrighted material and allow others to build upon it, quoting Lord Ellenborough: "While I shall think myself bound to secure every man in the enjoyment of his copyright, one must not ...
Marsh case is regarded as establishing the principle of fair use in American copyright law. Lyman Ray Patterson excoriated the decision as "the worst intellectual property opinion ever written", critiquing both Judge Story's logic and the outcome – the expansion of the copyright, and the shift in reasoning from a limited monopoly exception ...
We conclude that because 17 U.S.C. § 107 created a type of non-infringing use, fair use is "authorized by the law" and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)." In June 2011, Judge Philip Pro of the District of Nevada ruled in Righthaven v.
The proper copyright notice for sound recordings of musical or other audio works is a sound recording copyright symbol (℗, the letter P inside a circle, Unicode U+2117 ℗ SOUND RECORDING COPYRIGHT), which indicates a sound recording copyright, with the letter P indicating a "phonorecord".
The Thurgood Marshall United States Courthouse in Manhattan, where the case was tried and heard on appeal. The parties stipulated that the fair-use question would be contested on eight pieces—four articles, two notes, and two letters to the editor—from the Journal of Catalysis, published at the time by Academic Press (now part of Elsevier).