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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 ...
Section (II) allows specifically for circumvention via hardware or software that skips objectionable content. [10]Circumvention for the purposes of avoiding objectionable content became an issue in 2006, when a Denver judge ruled that the edited versions of films sold by companies such as CleanFlicks and CleanFilms were not considered fair use. [15]
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.
American University's infojustice.org published a compilation of portions of over 40 nations' laws that explicitly mention fair use or fair dealing, and asserts that some of the fair dealing laws, such as Canada's, have evolved (such as through judicial precedents) to be quite close to those of the United States.
Although its formulation in Section 107 tracks very closely the iterations in modern case law, the factors themselves are essentially the same as set forth by Judge Story in 1841. Consequently, the Folsom v. Marsh case is regarded as establishing the principle of fair use in American copyright law.
Fair use is the path to have our cake and to eat it. It is long-established and we need to reject calls to ignore it or override it. And it doesn’t mean that content generation models cannot exist.
Lump sums paid in advance by publications to non-resident aliens are taxable income under the Revenue Act and are indistinguishable from "royalties" paid over time within the meaning of that Act. F. W. Woolworth Co. v. Contemporary Arts, Inc.
Well known limitations and exceptions include fair dealing in the UK and Canada, as well as the fair use doctrine in the US. The undermining of copyright law, and in particular limitations and exceptions to copyright by contract law is an issue frequently raised by libraries, and library groups such as International Federation of Library ...
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