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If no notice of copyright was affixed to a work and the work was, in fact, "published" in a legal sense, the 1909 Act provided no copyright protection and the work became part of the public domain. Under the 1976 Act, however, section 102 says that copyright protection extends to original works that are fixed in a tangible medium of expression ...
Columbia Pictures did not contend that in-home use infringes their copyright. It argued that the exhibition or showing of the video cassettes in private booths constituted an unauthorized public performance. In turn, this violated Columbia Pictures' exclusive rights under federal copyright laws. [1]
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.
The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107. Justice Souter began by describing the inherent tension created by the need to simultaneously protect copyrighted material and allow others to build upon it, quoting Lord Ellenborough: "While I shall think myself bound to secure every man in the enjoyment of his copyright, one must not ...
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We conclude that because 17 U.S.C. § 107 created a type of non-infringing use, fair use is "authorized by the law" and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c)." In June 2011, Judge Philip Pro of the District of Nevada ruled in Righthaven v.
NEW YORK -- The man accused of setting a woman on fire on a New York City subway car just before Christmas entered a not guilty plea on Tuesday morning.. Sebastian Zapeta, 33, was indicted last ...
"To make the notice meaningful rather than misleading", section 403 of the 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as ...