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Examples of fair use in United States copyright law include commentary, search engines, criticism, parody, news reporting, research, and scholarship. [7] Fair use provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor test.
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:
This page provides some basic examples for how to write a fair use rationale. Good rationales might expand on why the non-free item is needed, why a free item cannot be used in its place, and what essential function it performs in each article in which it is to be used. Please modify the text so that it applies to the specific image and use of it.
The modern emphasis of transformativeness in fair use analysis stems from a 1990 article by Judge Pierre N. Leval in the Harvard Law Review, Toward a Fair Use Standard, [2] which the Supreme Court quoted and cited extensively in its Campbell opinion. In his article, Judge Leval explained the social importance of transformative use of another's ...
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 nominative use doctrine was first enunciated in 1992 by the U.S. Court of Appeals for the Ninth Circuit in New Kids on the Block v. News America Publishing, Inc. [4] In New Kids on the Block, the court had examined a "New Kids on the Block survey" performed by the defendant, and found that there was no way to ask people their opinion of the band without using its name.
When non-free media files (images, videos, and audio clips) are used on Wikipedia, a justification for their usage, called a non-free use rationale (or use rationale or fair use rationale), must be presented in the file description page, explaining how the file is used in a way consistent with Wikipedia's non-free content criteria.
Whether, as the jury found, petitioner's use of a software interface in the context of creating a new computer program constitutes fair use. Holding Google's copying of the Java SE API, which included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program, was a ...