The Fair Use Doctrine in the United States — A Response to the Kernochan Report

2013 ◽  
Author(s):  
Gwen Hinze ◽  
Peter A. Jaszi ◽  
Matthew Sag
Keyword(s):  
United States ◽  
The United States ◽  
Fair Use

scholarly journals RESTRICTIONS ON COPYRIGHT IN UKRAINE AND THE UNITED STATES: A COMPARATIVE LEGAL ASPECT

2021 ◽  
pp. 5-10
Author(s):  
Yu. Akulov
Keyword(s):  
United States ◽  
Legal Aspect ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
Educational Institutions ◽  
Non Profit ◽  
The Us ◽  
Exceptions And Limitations ◽  
Exhaustive List

The article compares the American copyright system (from its inception, borrowing the basics of the English system to the establishment of the principle of "fair use") and the Ukrainian system, which provides a specific list of cases allowed as a restriction of copyright (enumerated system) by establishing in national legal acts of the three-stage test provided by the Berne Convention. The article examines not only the legislation of Ukraine and the United States in this area, such as: the Federal Copyright Act of 1790, the second Federal Copyright Act of 1909, the Copyright Act of 1976, the Civil Code of Ukraine, the Law of Ukraine "On Copyright law and related rights" but also the case law of the United States, which is a key element in regulating disputes in the area under discussion. The author analyzes a number of cases through the prism of changing approaches in the US system of property rights restrictions, namely Philpot v. Media Research Center Inc. No. 1: 17-cv-822 dated January 8, 2018; Peteski Productions, Inc. v. Leah Rothman No. 5: 17-CV-00122 dated August 30, 2017; Rosen v. eBay, Inc., No. 2: 13-cv-06801-MWF-E of 16 January 2015 and Corbello v. DeVito No. 2: 08-cv-00867-RCJ-PAL June 14, 2017. As a result of the research, the author determines that the national legislation establishes an exhaustive list of works that are its objects, at the same time, the ways of using the work depend on the type of particular work. Therefore, an exhaustive list of all possible ways to use the works is not provided. U.S. law provides for an exhaustive list of copyrighted works and an exhaustive list of ways to use such works. And the doctrine of "fair use" in the United States provides that in determining whether the use of work in any particular case is fair, there are at least 4 factors to consider. Keywords: the principle of "enumerated system", the system of "numerus clausus", the concept of "exceptions and limitations", US copyright law, the doctrine of fair use, the Agreement on guidelines for copying in non-profit educational institutions, free use of works, three-stage test.

scholarly journals PENERAPAN DOKTRIN FAIR USE TERHADAP PEMANFAATAN HAK CIPTA PADA PLATFORM DIGITAL SEMASA COVID 19 DI INDONESIA

2021 ◽  
Vol 13 (1) ◽  
pp. 130-148
Author(s):  
Rika Ratna Permata ◽  
Tasya Safiranita ◽  
Yuliana Utama ◽  
Reihan Ahmad Millaudy
Keyword(s):  
United States ◽  
Public Interest ◽  
The United States ◽  
Fair Use ◽  
Internet Archive ◽  
Digital Platforms ◽  
The Public ◽  
Potential Market ◽  
Legitimate Interests ◽  
Almost All

The Covid-19 pandemic has resulted in more people doing activities from home, so almost all activities are carried out online, including for educational activities. The problems on this research are how the comparison between fair use regulations in Indonesia and in the United States during the pre-Covid-19 pandemic? How the regulations of the doctrine of fair use to anticipate the occurrence of a new phenomenon regarding the use of copyright on digital platforms during and/or after the Covid-19 pandemic? The method used in writing this law is a normative juridical method. The results of the study conclude that Fair use rules in Indonesia already regulate that fair use will not harm the legitimate interests of creators but does not provide clear parameters regarding fair interests. While the Fair use Arrangements in the United States are regulated in 17 U.S. Code 107. In this regulation, there are 4 factors, namely: the purpose and character of the use, the nature of the copyrighted work, the quantity and importance of the material used, the effect of the use upon potential market or value of the copyrighted work. The Covid-19 pandemic gave rise to fair use cases that had never occurred before the outbreak of Covid-19, e.g. the case of The Internet Archive, it can be observed that there is an encouragement from the public to further relax copyright protection because of the Covid-19 pandemic resulting in the public interest having to be carried out rather than the creators and copyright holders.

Fair Use and the Digital Age

2011 ◽  
pp. 340-346
Author(s):  
Lawrence A. Tomei
Keyword(s):  
United States ◽  
Digital Age ◽  
The United States ◽  
Fair Use ◽  
Original Works ◽  
Unpublished Works

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. For example, a copyright protects original works of authorship giving the holder exclusive rights to reproduce or copy, produce derivative works based on the copyrighted work, distribute copies of the work, perform the work freely, and display the work publicly.

scholarly journals The Novel as Social Satire: 60 Years Later, The Wind Done Gone and the Limitations of Fair Use

2013 ◽  
Vol 17 (2) ◽  
pp. 425
Author(s):  
Dilan Thampapillai
Keyword(s):  
United States ◽  
United States Supreme Court ◽  
Trade Agreement ◽  
The United States ◽  
Fair Use ◽  
Original Novel ◽  
Fair Dealing ◽  
Legal Rules ◽  
Firm Basis ◽  
Wind Done Gone

The absence of the doctrine of fair use from Australian copyright law has been a bone of contention in Australia after the Australia-United States Free Trade Agreement (FTA). As the Australian government reformed the Copyright Act 1968 (Cth) in the aftermath of the FTA it eschewed the option of adopting fair use. Instead, Australia chose to incorporate a version of fair use into its existing fair dealing framework. Accordingly, the Copyright Amendment Act 2006 (Cth) inserted ss 41A and 103AA into the Copyright Act. These provisions provide that a fair dealing with a copyright protected work does not constitute an infringement if it is done for the purposes of parody or satire. These provisions codify part of the ratio of the United States Supreme Court in the seminal case of Campbell v Acuff Rose Music. However, the parameters of these new provisions are unexplored and the sparse nature of fair dealing jurisprudence means that the true meaning of the provisions is unclear. Moreover, two cases from the United States, SunTrust Bank v Houghton Mifflin and Salinger v Colting, underline just how important it is to have legal rules that protect literary ‘re-writes’. Both cases involved authors using an original novel to ‘write back’ to the original author and the broader culture. ‘Writing back’ or the ‘re-write’ has a firm basis in literature. It adds something invaluable to our culture. The key question is whether our legal landscape can allow it to flourish. This paper examines the interaction between fair use and literary re-writes.

scholarly journals Solving the Orphan Works Problem for the United States

2016 ◽  
Author(s):  
Jennifer Urban
Keyword(s):  
United States ◽  
Digital Libraries ◽  
Policy Issue ◽  
The United States ◽  
Fair Use ◽  
Injunctive Relief ◽  
History Of ◽  
Mass Digitization ◽  
Copyright Ownership ◽  
Priority Policy

*Abstract: *Over the last decade, the problem of orphan works — i.e., copyrighted works whose owners cannot be located by a reasonably diligent search — has come sharply into focus as libraries, archives, and other large repositories of copyrighted works have sought to digitize and make available their collections online. Although this problem is certainly not limited to digital libraries, it has proven especially challenging for these organizations because they hold diverse collections that include millions of books, articles, letters, photographs, home movies, films, and other types of works. Many items come with a complex, unknown, and (often) unknowable history of copyright ownership. Because U.S. copyright law provides for both strong injunctive relief and monetary damages (in the form of statutory damages of up to $150,000 per work infringed), organizations that cannot obtain permission often do not make their collections available at all.In October 2012, the U.S. Copyright Office initiated a new study of orphan works and mass digitization, and has indicated that it is a high-priority policy issue for the office. That study, and the work that preceded it, has highlighted the wide array of perspectives about why and how to address the orphan works problem. In this article, we present evidence that the orphan works problem is very real and that it inhibits many socially valuable uses of copyrighted works by libraries, archives, museums and other memory institutions. We then canvass the array of potential solutions, and ultimately conclude that fair use, combined with the Copyright Office’s remedy limitation approach, are better approaches for addressing this problem in the United States than alternatives proposed elsewhere. Finally, we explore future-looking changes, such as the reintroduction of copyright formalities and the development of registries, that would reduce the number of orphan works in the future.Available at SSRN: http://ssrn.com/abstract=2323945

The Foxfire of Fair Use: The Google Books Litigation and the Future of Copyright Laws

2017 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
United States ◽  
Critical Role ◽  
The United States ◽  
Copyright Law ◽  
Fair Use ◽  
United States Congress ◽  
Trading Partners ◽  
Google Books ◽  
Technological Developments ◽  
The Impact

Copyright exceptions and limitations in the United States have experienced dynamic evolution in light of new technological developments. There has been significant legal debate in the courts and in the United States Congress about the scope of the defense of fair use. The copyright litigation over Google Books has been a landmark development in the modern history of copyright law. The victory by Google, Inc., over the Authors Guild in the decade-long copyright dispute is an important milestone for copyright law. The ruling of Leval J emphasizes that the defense of fair use in the United States plays a critical role in promoting transformative creativity, freedom of speech, and innovation. The Supreme Court of the United States was decisive in its rejection of the Authors Guild’s efforts to challenge the decision of Leval J. There has been significant debate in the United States Copyright Office and United States Congress over the development of “the Next Great Copyright Act.” Hearings have taken place within the United States Congressional system about the history, nature, and future of the defense of fair use under United States copyright law. There remains much debate about the internationalization of the defense of fair use, and the need for the trading partners of the United States to enjoy similar flexibilities with respect to copyright exceptions. There has been concern about the impact of mega-regional trade agreements—such as the Trans-Pacific Partnership—upon copyright exceptions, such as the defense of fair use.

scholarly journals Non-Infringing Uses in Digital Sampling: The Role of Fair Use and the de Minimis Threshold in Sample Clearance Reform

2013 ◽  
Vol 17 (2) ◽  
pp. 321
Author(s):  
Kembrew McLeod ◽  
Peter DiCola
Keyword(s):  
United States ◽  
Best Practices ◽  
Copyright Protection ◽  
The United States ◽  
Business Practice ◽  
Fair Use ◽  
Digital Sampling ◽  
Balanced Approach

In this book excerpt, the authors address the role of two major legal exceptions to copyright protection in the music industry’s practices surrounding digital sampling. Although the United States law on the books requires a balance between the interests of copyright owners and sampling musicians, the business practice has been to mandate licensing in almost every instance. Despite this hurdle to a more balanced approach to sampling, the authors discuss several benefits that might come through doctrinal or statutory reforms, or even through developing best practices for claiming fair use.

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