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If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
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 ...
The doctrine of "fair use" originated in common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied and "stifling the very creativity which [copyright] law is designed to foster." [3] [4] Though originally a common law doctrine, it was enshrined in statutory law when the U.S. Congress ...
The publisher Charles Folsom, of Folsom, Wells and Thurston, who had published the first set of letters (a twelve-volume edition edited by Jared Sparks), sued for "piracy of the copyright". The defendant argued that the papers were not copyrightable because, as the letters of a deceased author, they were not private property and not "proper ...
Chief Judge Juan R. Torruella wrote the opinion finding the first, second and third factor to be in favor of fair use under 17 U.S.C. § 107 and the decision was affirmed. For the first factor of fair use, purpose and character of use, the court stated that Caribbean International News Corp. use inform and "gain commercially," and that the two ...
Finland handed the defending champion United States its first loss at the 2025 world junior hockey championship as Tuomas Uronen scored in overtime for a 4-3 win on Sunday afternoon.
A copyright cannot be granted to a non-citizen whose country has not been acknowledged as in a reciprocal copyright arrangement with the United States by a formal presidential proclamation. Because the non-citizen is not granted a copyright, they cannot assign a copyright for a work to a citizen of a country with American copyright privileges.