Search results
Results From The WOW.Com Content Network
Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. [1] The U.S. "fair use doctrine" is ...
Fair use defence to copyright infringement allows unauthorised use of copyrighted work in a reasonable manner under certain circumstances. The following are some of the facets that distinguish the misuse doctrine from fair use – Fair use is statutorily recognised in 17 USC § 107, whereas copyright misuse is yet to receive statutory support; and
Descriptive fair use: Using a descriptive mark in an ordinary, descriptive manner to describe a product or service. For example, describing a component within a dehumidifier as "honeycomb-shaped" was a fair use of a registered trademark for HONEYCOMBE dehumidifiers. [1] In other words, for descriptive fair use to arise, the following must be true:
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 ...
The Ninth Circuit's treatment of transformativeness and fair use in the Arriba Soft and Perfect 10 cases illustrates different data points on the copyright infringement spectrum, at least with respect to transformativeness and fair use. Arriba Soft was a relatively polar case. The harm to Kelly, the copyright owner, was negligible; it was ...
The case was remanded to the District Court for a second trial, to consider whether Google's use was acceptable anyway, under the doctrine of fair use, since the original case had not brought out the facts related to fair use sufficiently for the Appeal Court to rule on that point. [43] [44]
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 ...
The first factor, "the purpose and character of the use" weighed in Google's favor. The court stated that Google's use was transformative and did not merely supersede Field's use. The court explained that Field's use was to enrich the lives of others through poetry, while Google's use was to facilitate the operation of search engines.