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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.
Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional works. [10] Nonfiction literary works, such as history books, newspaper articles, and biographies, are treated as factual works with similarly narrow ...
The existence of some copyright-infringing information in a rote reference work does not entitle the original author to seek an injunction against the printing the later article when the later article's contents demonstrate significant original work.
AI developers generally claim that their feeding copyrighted works into their bots' databases falls within the "fair use" exception to copyright protection. The fair use doctrine, as the U.S ...
Fair use is the path to have our cake and to eat it. It is long-established and we need to reject calls to ignore it or override it. And it doesn’t mean that content generation models cannot exist.
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). The Act codified this ...
Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
Several newspapers sued the Internet forum Free Republic for allowing its users to repost the full text of copyrighted newspaper articles, asserting that this constituted copyright infringement. Free Republic claimed that they were not liable under the doctrine of fair use and the First Amendment guarantee of freedom of speech.
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