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On March 19, 2007, the bill was referred to the House Subcommittee on Courts, the Internet, and Intellectual Property. The bill was not reintroduced. Boucher emphasized that the bill would not make circumvention an act of fair use, but would instead redefine which acts qualify as permissible circumvention, stating that
Fair use is a doctrine in United States law ... law school clinics and the EFF to document the use of ... four fair use factors adopted in 2007 and ...
The Supreme Court was the source of a number of concepts in the field, including fair use, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents.
The bill was reintroduced into Congress once again on March 9, 2005 as H.R. 1201, the 'Digital Media Consumers Rights Act of 2005'. The 2005 bill's original co-sponsors were John Doolittle, and Joe Barton. Some provisions of the bill were incorporated into the FAIR USE Act of 2007.
Contracts freely entered into that apply restrictions to actions with copyrighted material otherwise permitted as fair use are enforceable. NXIVM Corp. v. Ross Institute: 364 F.3d 471: 2nd Cir. 2004 Secondary use as part of critical document is sufficiently transformative fair use to overcome bad faith in original acquisition of material CoStar ...
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.
Oral arguments on the fair use matters were held in September 2013. On November 14, 2013, Judge Chin issued his ruling on the parties' cross-motions for summary judgment, and in effect dismissed the infringement lawsuit, holding that Google's use of the works was 'fair use' under copyright law. [52] [50] In his ruling, Judge Chin wrote:
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