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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 Supreme Court was the source of a number of concepts in the field, including fair use, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents.
Rights holders must consider fair use before issuing a takedown notice. If the notice is issued in bad faith, the rights holder could be held liable for misrepresentation. A.V. ex rel.Vanderhye v. iParadigms LLC: 562 F.3d 630: 4th Cir. 2009 Commercial online database of student papers for plagiarism detection purposes was fair use MDY Industries v.
Many of the same points of law that were litigated in this case have been argued in digital copyright cases, particularly peer-to-peer lawsuits; for example, in A&M Records, Inc. v. Napster, Inc. in 2001, the Ninth Circuit Court of Appeals rejected a fair use "space shifting" argument raised as an analogy to the time-shifting argument that ...
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 ...
The court held that the Moscow on the Hudson poster was not a parody because it was not meant to satirize the Steinberg image itself, but merely satirized the same concept of the parochial New Yorker that was parodied by Steinberg's work. Because the copyrighted work was not an object of the parody, the appropriation of the image was not fair use.