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Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015), is a decision by the United States Court of Appeals for the Ninth Circuit, holding that copyright owners must consider fair use defenses and good faith activities by alleged copyright infringers before issuing takedown notices for content posted on the Internet.
There are no bright-line rules regarding fair use and each determination is made on an individualized case-by-case basis. [ 71 ] Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes : Nonprofit educational and noncommercial uses are more likely to be fair use.
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.
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 ...
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 ...
Music licensing is the licensed use of copyrighted music. [1] Music licensing is intended to ensure that the owners of copyrights on musical works are compensated for certain uses of their work. A purchaser has limited rights to use the work without a separate agreement.
The US and EC announced a temporary settlement arrangement on June 23, 2003, though the Fairness in Music Licensing Act remains in effect. [8] Under the Temporary Settlement, effective June 23, 2003 through December 20, 2004, the US paid $3.3 million to a fund established in the EU for the benefit of rights-holders. [9]