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Unpublished Works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 This protection is available to both published and unpublished works.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.

Conclusion

2017 ◽  
Author(s):  
Madhavi Mallapragada
Keyword(s):  
United States ◽  
New Media ◽  
Working Class ◽  
Women Of Color ◽  
Digital Age ◽  
The United States ◽  
Online Media ◽  
Religious Minorities ◽  
Institutional Contexts ◽  
Indian Immigrant

This concluding chapter revisits the key arguments developed in each of the four chapters and points to key implications of undertaking a study of home in the age of networks. It argues for a reconsideration of the contours of belonging in contemporary contexts of new media and transnationalism through its specific study of Indian immigrant cultures online. It contends that the question of belonging must be applied more thoroughly to the institutional contexts of online media, for not doing so would neglect a very significant alliance between capital and citizenship in the neoliberal, digital age. Furthermore, in the United States, especially since 2001, immigrants, racial and religious minorities, women of color, and the working class have found themselves at the receiving end of the disciplinary practices of neoliberal states and globalization practices. These institutional contexts shape belonging as much as the textual and hypertextual practices that generate categories of exclusion and inclusion in online media.

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.

Sign in / Sign up

Export Citation Format

Share Document