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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 ...
Lenz v. 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.
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. 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 ...
Under U.S. copyright law, the legality of a given work of fanfiction will depend principally on three legal doctrines: (1) copyrightability of the underlying source work; (2) the derivative work right; and (3) fair use. To have copyright protection under U.S. law, a work must be an "original [work] of authorship fixed in any tangible medium of ...
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.
The Supreme Court held that 2 Live Crew's commercial parody may be a fair use within the meaning of § 107. Justice Souter began by describing the inherent tension created by the need to simultaneously protect copyrighted material and allow others to build upon it, quoting Lord Ellenborough: "While I shall think myself bound to secure every man in the enjoyment of his copyright, one must not ...
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 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; The defendant must prove that his unauthorised use of copyrighted work qualifies for a fair use exception, whereas the defendant need ...