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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). The Act codified this ...
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.
Case Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary; New York Times Co. v. Tasini: 533 U.S. 483: 2001: 7–2: Substantive: Collective works
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by ...
This act extended the original copyright term from 14 years to 28 years (with an option to renew), and changed the copyright formality requirements. [ citation needed ] In 1834, the Supreme Court ruled in Wheaton v.
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 subjects of copyright"; that even if copyrightable, as works of the President they belonged to the United States; and lastly, that their use was fair, because it was the creation of an ...
It neither stated nor implied a categorical rule barring fair use of unpublished works." [6] [7] The court went on to note that the meaning of Harper is somewhat ambiguous. Either, they reasoned, there are fewer cases in which fair use may be found when the original work is unpublished or less material may be copied from unpublished works.
The clause was interpreted as two distinct powers: the power to secure for limited times to authors the exclusive right to their writings is the basis for U.S. copyright law, and the power to secure for limited times to inventors the exclusive rights to their discoveries is the basis for U.S. patent law.