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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
In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. [2] The doctrine of "fair use" originated in common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly applied ...
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 ...
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 ...
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.
Wiredata (2003), [9] in which the Seventh Circuit Court of Appeals ruled that a copyright holder in a compilation of public domain data cannot use that copyright to prevent others from using the underlying public domain data, but may only restrict the specific format of the compilation if that format is itself sufficiently creative.