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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).
While fair use in the United States is popularly understood as the only limitation to an author's exclusive rights, it is only one of several important limitations. Section 106 of the U.S. copyright law, which defines the exclusive rights in copyrighted works, is subject to sections 107 through 122, which limit the copyright holder's exclusive ...
Although related, the limitations and exceptions to copyright for teaching and library archiving in the U.S. are located in a different section of the statute. A similar-sounding principle, fair dealing, exists in some other common law jurisdictions but in fact it is more similar in principle to the enumerated exceptions found under civil law ...
Title 17, United States Code, Section 108 places limitations on exclusive copyrights for the purposes of certain limited reproduction by a public library or an archive. [38] [39] Title 17, United States Code, Section 107 also places statutory limits on copyright which are commonly referred to as the fair use exception. [40] [41]
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
(The warrants pertaining to the surveillance of Page, a U.S. citizen, were issued under a different section of FISA, not Section 702, but the relevant concerns still apply).
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Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).