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Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. [7] Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.
Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use ...
Rogers v. Koons, 960 F.2d 301 (2d Cir. 1992), [1] is a leading U.S. court case on copyright, dealing with the fair use defense for parody. The United States Court of Appeals for the Second Circuit found that an artist copying a photograph could be liable for infringement when there was no clear need to imitate the photograph for parody.
The court addressed Penguin's fair use defense under parody by analyzing the four factor test in 17 U.S.C. § 107 and concluded that the District Court's ruling against fair use was not erroneous. For the first factor analyzing the purpose and commercial use of the work, the court determined it to be against fair use based on the commercial use ...
Fair use is assessed on a case-by-case basis. While there are no bright-line rules, such genres as parody and criticism are enumerated by statute and case law as presumptively fair uses. There has been no case law that squarely addresses fanfiction in relation to fair use. [9]
At trial, the Southern District of New York found the use to be fair.. On appeal, the United States Court of Appeals for the Second Circuit affirmed.. Examining the four fair use factors, the court found that although Paramount's photographer drew heavily from Leibovitz' composition, in light of Paramount's parodic purpose and absence of market harm the use of the photograph was a fair use.
A Supreme Court debate Wednesday over parody and popular commercial brands was dominated by talk of whiskey bottles, dog toys, pornography and poop. The case, Jack Daniel's Properties Inc., v. VIP ...
Toward a Fair Use Standard", 103 Harv. L. Rev. 1105 (1990), is a law review article on the fair use doctrine in US copyright law, written by then-District Court Judge Pierre N. Leval. The article argued that the most critical element of the fair use analysis is the transformativeness of a work, the first of the statutory factors listed in the ...