As the Internet and digital content have grown, so has the threat to the fair use of copyrighted material. Content owners who see digitization as a threat have also used digital rights management technologies to control use of their content. Legal protections for copyright owners have also been strengthened. The Digital Millennium Copyright Act bars any attempt to circumvent copy protection technologies. However, fair use in the academic arena continues to be a problem. Fair use remains a challenge in the digital age. As in most recent years, there are several proposals now before Congress that purport to strengthen fair use or strengthen copyright owners' rights.
The current testing of copyright law is centering on the academic and research communities. These communities have a legally complex relationship with copyright law. One of the foundations of the fair use doctrine is that the use of copyrighted works must have a beneficial purpose, which includes teaching and research. Many academic users believe that much of their use of copyrighted material is fair because of this, but that is not the case. Court decisions on the doctrine have often found that the use of copied material in a commercial context was not fair use, while a similar use in the academic context might have been acceptable. The American Association of Publishers recently challenged the University of California-San Diego's (UCSD) electronic reserve system, alleging that the sco...
... which consisted of verbatim quotes of copyrighted expression taken from the manuscript. It was timed... that respondents' use of the copyrighted material constituted an infringement under the Act, and the... expression was sanctioned as a "fair use" of the copyrighted material under 107 of the ...
The imbroglio revolves largely around the doctrine of "Fair Use," defined in title 17 of the United States Copyright Code. For new usage of copyrighted material, be it literary, musical or video, to be considered "fair" four factors are considered: 1. "The purpose or character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;" 2. "The nature of the copyrighted work;" 3. "The amount and substantiality of the portion used in relation to the copyrighted work as a whole;" and 4. "The effect of the use upon the potential market for or value of the copyrighted material. Where this debate will go is unclear. Perhaps The Grey Album will prove to be a watershed piece and enter the pantheon of visionary art alongside work by Duchamp and Warh...
... owner for the value of the source materials. While shifting title to a converter seems like a ... nature of accession, which aims for fair allocation of property rights and compensation bet...(344) In certain instances in which copyrighted content forms only a small portion of a new work, ...
... that noncommercial home use recording of material broadcast over the public airwaves was a fair use of copyrighted works and did not constitute copyright infringemen...
...: Permits non-commercial "remixes" of copyrighted content such as music or "mash-ups" of different w.... Fair Dealing: Expands the scope of the "fair dealing" p... (which allow the use of copyrighted material without the permission of the copyright owner) in ...
Documentaries are usually low-budget, sometimes have a tinge of danger about them and almost always are thought-provoking. Like feature films, documentaries also need insurance. In any kind of film, including documentaries, a key underwriting factor is the venue. Documentaries are attractive because they cost so much less than full-length feature film. An exposure of critical importance to documentarians is copyright infringement. Insurers and film distributors typically require producers to obtain specific permission for use of copyrighted material in a film. Typically, insurance companies insuring documentaries that contain film clips that are copyrighted want to know if the producers obtained permission from those holding the copyrights. The fair use doctrine, written into the federa...
... enjoin defendants' depictions of the copyrighted logo in season highlight films and in the Ravens c... defendants' depictions of the logo were a fair use and entered judgment against Bouchat. We rever... from exploitation of the copyrighted material without paying the customary price." Harper & Row,...
Technological possibility is triggering a creative tsunami, as scholar Henry Jenkins has noted. Yesterday's fan culture is now today's popular culture. Look at the many homemade variations on the "Saturday Night Live" appearance by Justin Timberlake singing "Dick in a Box" ("Box in a Box," "Puppet Dick in a Box"). That's not stopping copyright holders from trying to kill it, possibly by accident. Content providers worried about piracy and theft, like NBC Universal and Viacom, are working out deals with online video providers like Veoh and MySpace, for specialized filters and software to identify copyrighted material. These niters will "take down" videos that are copies of copyrighted material. The trouble is, nobody has figured out how to protect online videos that use copyrighted mater...
... what is known (though not widely enough) as "fair use.". Fair use, an important part of copyright la...
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