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Although fair use ostensibly permits certain uses without liability, many content creators and publishers try to avoid a potential court battle by seeking a legally unnecessary license from copyright owners for any use of non-public domain material, even in situations where a fair use defense would likely succeed. The simple reason is that the ...
The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use. Campbell is important in large part because of this statement, ordering that commerciality should be given less weight in fair-use determinations and transformation great weight.
Acuff-Rose Music, Inc., the Supreme Court found that although a parody of the song "Oh, Pretty Woman" by 2 Live Crew was an unauthorized derivative work, fair use was still available as a complete defense. This case marked the Supreme Court's pointing to transformativeness as a major clue to application of the fair use defense to derivative works.
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 ...
A work permit or work visa is the permission to take a job within a foreign country. The foreign country where someone seeks to obtain a work permit for is also known as the "country of work", as opposed to the "country of origin" where someone holds citizenship or nationality. [1]
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 ...
An allegedly infringing secondary work must be significantly altered from the original to be considered transformative where both works are used commercially for substantially the same purpose; courts must consider the specific context of the use when evaluating claims of transformative use.
(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author.