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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 ...
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 and "stifling the very creativity which [copyright] law is designed to foster."
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 ...
The interplay of copyright law and competition law is increasingly important in the digital world, as most countries' laws allow private contracts to over-ride copyright law. Given that copyright law creates a legally sanctioned monopoly, balanced by "limitations and exceptions" that allow access without the permission of the copyright holder ...
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.
The FAIR USE Act is Boucher’s third attempt at reforming provisions within the DMCA, the previous two being the Digital Media Consumers' Rights Acts (DMCRA) of 2003 and 2005. [3] Previously, Boucher co-sponsored the “ Benefit Authors without Limiting Advancement or Net Consumer Expectations ,” or “BALANCE Act,” which sought to amend ...
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.
Finally, some courts find that all prongs of the Feist and Arnstein tests are met, but that the copying is nevertheless permitted under the fair use doctrine. Fair use analysis includes multiple factors, one of which is the "nature of the copyright work," and some courts find that factual works provide greater leeway for fair use than fictional ...